IDEA '97 Transition Requirements: A Guide

Contents | Q and A Main: Section V | Section VI

1. What are the new requirements for transition?

IDEA '97 and the final implementing regulations make a number of changes in the requirements regarding transition. These changes are described below:

• "Beginning at age 14 (or younger, if determined appropriate by the IEP team), and updated annually, [the student's IEP must include] a statement of the transition service needs of the student under the applicable components of the student's IEP that focuses on the student's courses of study (such as participation in advanced-placement courses or a vocational education program)." (34 CFR §300.347(b)(1)) This statement should be guided by the student's desired post-school results and must be based his or her goals, needs, preferences and interests. Question 11 in Appendix A to the Final Regulations indicates that the intention of Congress in adding this requirement was to "'augment, and not replace' the separate, preexisting requirement that the IEP include, 'beginning at age 16 (or younger, if determined appropriate by the IEP team), a statement of needed transition services''" (Appendix A, Question 11) The requirement to add a statement of the transition service needs of the student is to: 

  "Focus attention on how the child's educational program can be planned to help the child make a successful transition to his or her goals for life after secondary school...The statement of transition service needs should relate directly to the student's goals beyond secondary education, and show how planned studies are linked to these goals….Although the focus of the transition planning process may shift as the student approaches graduation, the IEP team must discuss specific areas beginning at least at the age of 14 years and review these areas annually." (Appendix A, Question 11)

One of the goals of this provision is to work with the student and his or her parents to "select courses that will be meaningful to the student's future and motivate the student to complete his or her education." (Appendix A, Question 11)

• Another new requirement, in a state that transfers rights at the age of majority, involves the transfer of rights accorded to parents under Part B that will transfer to the student upon the student's reaching the age of majority. The final regulations require that "beginning at least one year before a student reaches the age of majority under state law, the student's IEP must include a statement that the student has been informed of his or her rights under Part B of the Act, if any, that will transfer to the student on reaching the age of majority, consistent with §300.517." (34 CFR §300.347(c)) This notice needs to be in a language the student can understand. This provision is applicable only in states that transfer rights at the age of majority.

 2. ''What must the IEP team do to meet the requirements that the IEP ' include a statement of...transition service needs' beginning at age 14 (§300.347(b)(1)(i)), 'and a statement of needed transition services' no later than age 16 (§300.347(b)(2)?"

The question above and response below are quoted directly from Appendix A to the IDEA '97 Final Regulations Appendix A, Question 11.

"Section 300.347(b)(1) requires that, beginning no later than age 14, each student's IEP include specific transition-related content, and, beginning no later than age 16, a statement of needed transition services:

"Beginning at age 14 and younger if appropriate, and updated annually, each student's IEP must include:

"'... a statement of the transition service needs of the student under the applicable components of the student's IEP that focuses on the student's courses of study (such as participation in advanced-placement courses or a vocational education program)' (§300.347(b)(1)(i)).

"Beginning at age 16 (or younger, if determined appropriate by the IEP team), each student's IEP must include:

"'... a statement of needed transition services for the student, including, if appropriate, a statement of the interagency responsibilities or any needed linkages.' (§300.347(b)(2)).

"The Committee Reports on the IDEA Amendments of 1997 make clear that the requirement added to the statute in 1997 that beginning at age 14, and updated annually, the IEP include 'a statement of the transition service needs' is '...designed to augment, and not replace,' the separate, preexisting requirement that the IEP include, '... beginning at age 16 (or younger, if determined appropriate by the IEP team), a statement of needed transition services...' (H. Rep. No. 105-95, p. 102 (1997); S. Rep. No. 105-17, p. 22 (1997)). As clarified by the Reports, 'The purpose of [the requirement in §300.347(b)(1)(i)] is to focus attention on how the child's educational program can be planned to help the child make a successful transition to his or her goals for life after secondary school.' (H. Rep. No. 105-95, pp. 101-102 (1997); S. Rep. No. 105-17, p. 22 (1997)). The Reports further explain that '[F]or example, for a child whose transition goal is a job, a transition service could be teaching the child how to get to the job site on public transportation.' (H. Rep. No. 105-95, p. 102 (1997); S. Rep. No. 105-17, p. 22 (1997)).

"Thus, beginning at age 14, the IEP team, in determining appropriate measurable annual goals (including benchmarks or short-term objectives) and services for a student, must determine what instruction and educational experiences will assist the student to prepare for transition from secondary education to post-secondary life.

"The statement of transition service needs should relate directly to the student's goals beyond secondary education, and show how planned studies are linked to these goals. For example, a student interested in exploring a career in computer science may have a statement of transition services [sic] needs connected to technology course work, while another student's statement of transition services [sic] needs could describe why public bus transportation training is important for future independence in the community.

"Although the focus of the transition planning process may shift as the student approaches graduation, the IEP team must discuss specific areas beginning at least at the age of 14 years and review these areas annually. As noted in the Committee Reports, a disproportionate number of students with disabilities drop out of school before they complete their secondary education: 'Too many students with disabilities are failing courses and dropping out of school. Almost twice as many students with disabilities drop out as compared to students without disabilities.' (H. Rep. No. 105-95, p. 85 (1997), S. Rep. No. 105-17, p. 5 (1997).)

"To help reduce the number of students with disabilities that drop out, it is important that the IEP team work with each student with a disability and the student's family to select courses of study that will be meaningful to the student's future and motivate the student to complete his or her education.

"This requirement is distinct from the requirement, at §300.347(b)(2), that the IEP include:

"... beginning at age 16 (or younger, if determined appropriate by the IEP team), a statement of needed transition services for the child, including, if appropriate, a statement of the interagency responsibilities or any needed linkages.

"The term 'transition services' is defined at §300.29 to mean:

"... a coordinated set of activities for a student with a disability that--(1) is designed within an outcome-oriented process, that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (2) Is based on the individual student's needs, taking into account the student's preferences and interests; and (3) Includes--(i) Instruction; (ii) Related services; (iii) Community experiences; (iv) The development of employment and other post-school adult living objectives; and (v) If appropriate, acquisition of daily living skills and functional vocational evaluation.

"Thus, while §300.347(b)(1) requires that the IEP team begin by age 14 to address the student's need for instruction that will assist the student to prepare for transition, the IEP must include by age 16 a statement of needed transition services under §300.347(b)(2) that includes a 'coordinated set of activities ..., designed within an outcome-oriented process, that promotes movement from school to post-school activities ...' (§300.29) Section 300.344(b)(3) further requires that, in implementing §300.347(b)(1), public agencies (in addition to required participants for all IEP meetings), must also invite a representative of any other agency that is likely to be responsible for providing or paying for transition services. Thus, §300.347(b)(2) requires a broader focus on coordination of services across, and linkages between, agencies beyond the SEA and LEA." (Appendix A, Question 11)

3. What are "courses of study?"

Neither IDEA '97 nor the final implementing regulations defines courses of study. Perhaps the best way to think about courses of study is the series of courses and experiences that the student needs to achieve his or her desired post-school results or goals relative to further education or training, employment, community living and recreation. It should include regular education courses; advanced placement courses; specially designed instruction; community experiences; and employment adult living and daily living objectives.

4. Should the student's IEP identify a desired post-school outcome, and if so, how should this be expressed?

The regulations define needed transition services as "a coordinated set of activities designed within an outcome-oriented process, that promotes movement from the school to post-school activities." (34 CFR §300.29(a)(1)) In order for transition to be an "outcome-oriented" process, outcomes need to be identified. Therefore, the desired post-school outcome(s) or goals for the student need to be included in the IEP. These goals or outcomes could include, but are not limited to, post-secondary education, vocational training, integrated employment (including supported employment), continuing adult education, adult services, independent living and community participation. These outcomes should guide the student's statement of "transition service needs" and statement of "needed transition services." The goals for the student should clearly describe the desired post-school outcomes on the student's IEP and link the student's needs, preferences and interests with the services, supports and resources needed by the student. To make the most of the high school experience, the desired post-school outcomes should guide the entire IEP process and the educational program for the student starting by the time the student is age 14 (or younger, if appropriate).

5. What are the requirements regarding consideration of the student's preferences and interests when developing the statement of transition service needs or statement of needed transition services? How should the student's preferences and interests be determined? (See 34 CFR §300.29; §300.344(b))

The public agency is responsible for inviting the student, of any age, to his or her IEP meeting, if a purpose of the meeting is the consideration of transition service needs, needed transition services or both. If the student does not attend the meeting where transition service needs, needed transition services or both are discussed, the district must ensure that the student's preferences and interests are considered. Therefore, prior to or during, but not after, the IEP meeting, the public agency must gather information from the student regarding his or her preferences and interests. The student's needs, preferences, and interests should guide the IEP process. They should be the starting point to determine the post-school goals, courses of study, transition service needs, needed transition services, annual goals and need for supplementary aids and services.

6. If the IEP team does not address each component in the statement of needed transition services (i.e., instruction, community experiences, related services, employment, and other post-school adult living objectives), must they write a statement justifying why that component was not addressed?

The requirement for writing a statement justifying why any one of those areas is not addressed in the statement of needed transition services was removed in the Final Regulations. Even though the requirement for the justification was removed, the IEP team should still consider each of these components when developing a statement of needed transition services.

7. What is the role of vocational education in the student's IEP?

"Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including…vocational education." (34 CFR §300.26(a)(1) & §300.26(a)(2)(iii)) Vocational education "means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career requiring other than a baccalaureate or advanced degree." (34 CFR §300.26(b)(5)) Research indicates that students with disabilities who participate in vocational education and training are more likely to stay in school, be employed and be employed at higher wages than students who have not participated in vocational education, training or work experience (Blackorby & Wagner, 1996; National Assessment of Vocational Education, 1994). Therefore, it is clearly appropriate and advisable to include vocational education and experiences in the student's courses of study to assist in preparing him or her to transition from school to the post-school environment. "Specially-designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction." (34 CFR §300.26(b)(3)) It is important that the IEP team, including the student and the vocational educator, determine the supplementary aids and services, adaptations, modifications, accommodations and supports needed by the vocational education teacher that will assist the student achieve satisfactorily in the regular education setting.

8. "Must the IEP for each student with a disability, beginning no later than age 16, include all 'needed transition services,' as identified by the IEP team and consistent with the definition at §300.29, even if an agency other than the public agency will provide those services? What is the public agency's responsibility if another agency fails to provide agreed-upon transition services?"

The above question and response below are quoted directly from IDEA '97 Final Regulations Appendix A, Question 12.

 "Section 300.347(b)(2) requires that the IEP for each child with a disability, beginning no later than age 16, or younger if determined appropriate by the IEP team, include all 'needed transition services,' as identified by the IEP team and consistent with the definition at §300.29, regardless of whether the public agency or some other agency will provide those services. Section 300.347(b)(2) specifically requires that the statement of needed transition services include, '...if appropriate, a statement of the interagency responsibilities or any needed linkages.'

"Further, the IDEA Amendments of 1997 also permit an LEA to use up to five percent of the Part B funds it receives in any fiscal year in combination with other amounts, which must include amounts other than education funds, to develop and implement a coordinated services system. These funds may be used for activities such as: (1) linking IEPs under Part B and Individualized Family Service Plans (IFSPs) under Part C, with Individualized Service Plans developed under multiple Federal and State programs, such as Title I of the Rehabilitation Act; and (2) developing and implementing interagency financing strategies for the provision of services, including transition services under Part B.

"The need to include, as part of a student's IEP, transition services to be provided by agencies other than the public agency is contemplated by §300.348(a), which specifies what the public agency must do if another agency participating in the development of the statement of needed transition services fails to provide a needed transition service that it had agreed to provide.

"If an agreed-upon service by another agency is not provided, the public agency responsible for the student's education must implement alternative strategies to meet the student's needs. This requires that the public agency provide the services, or convene an IEP meeting as soon as possible to identify alternative strategies to meet the transition services objectives, and to revise the IEP accordingly.

"Alternative strategies might include the identification of another funding source, referral to another agency, the public agency's identification of other district-wide or community resources that it can use to meet the student's identified needs appropriately, or a combination of these strategies. As emphasized by §300.348(b), however:

"Nothing in [Part B] relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

"However, the fact that an agency other than the public agency does not fulfill its responsibility does not relieve the public agency of its responsibility to ensure that FAPE is available to each student with a disability. (Section 300.142(b)(2) specifically requires that if an agency other than the LEA fails to provide or pay for a special education or related service (which could include a transition service), the LEA must, without delay, provide or pay for the service, and may then claim reimbursement from the agency that failed to provide or pay for the service.)" (Appendix A, Question 12)

 9. When should a statement of transition service needs (courses of study) or a statement of needed transition services (coordinated set of activities) be included in a child's IEP? (See 34 CFR §300.347(b))

A statement of transition service needs must be included in the IEP of a student that will be in effect no later than the student's 14th birthday, or younger, if determined appropriate by the IEP team. The IEP team continues to review and annually update this statement of transition service needs. This statement of transition service needs must be included in all subsequent IEPs. A statement of needed transition services must be added to the IEP that will be in effect no later than the student's 16th birthday, or younger, if determined appropriate by the IEP team.

10. What are examples when the IEP team would include transition services for a student younger than age 14 or 16? Who decides when services are needed earlier? (See 34 CFR § 300.347(b); Appendix A, Question 11)

The IEP team determines when a statement of transition service needs or a statement of needed transition services is necessary for a student who is younger than age 14 or 16, respectively. Transition service needs and needed transition services should be considered for a younger student if his or her educational needs may make a successful transition to desired post-school goals especially difficult. For example, if the student is at risk of dropping out of school, transition planning should start early to make the school experience more relevant to the student. Working with students to think about life after high school can help them see the importance of staying in school and getting the courses and experiences to do what they want to do after high school. Since transition planning involves thinking about life after high school, selecting courses of study both in the school and community and engaging adult and community options early are critical.

11. May school districts develop transition plans separate from the IEP? May public agencies develop Individualized Transition Plans (ITPs)?

Beginning no later than age 14, a statement of transition service needs and beginning no later than age 16, a statement of needed transition services must be included in the student's IEP. A public agency may consider issues relating to a student's transition needs in meetings other than IEP meetings; however, the IEP content required by §300.29 and §300.347 must be developed in a meeting that meets the requirements of §300.344 and §300.345.

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