IDEA '97 Transition Requirements: A Guide

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

1. Who must be included on the IEP team when a purpose of the meeting is the development of a statement of transition service needs or a statement of needed transition services?

 "The public agency shall ensure that the IEP team for each child with a disability includes-

"(1) The parents of the child;

"(2) At least one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);

"(3) At least one special education teacher of the child, or if appropriate, at least one special education provider of the child;

"(4) A representative of the public agency who -

(i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;

(ii) Is knowledgeable about the general curriculum; and

(iii) Is knowledgeable about the availability of resources of the public agency;

"(5) An individual who can interpret the instructional implications of evaluation results…

"(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and

"(7) If appropriate, the child." (34 CFR §300.344a))

Additional required participants for transition include: 

• "The public agency shall invite a student with a disability of any age to attend his or her IEP meeting if a purpose of the meeting will be the consideration of the student's transition services [sic] needs under §300.347(b)(1); or the needed transition services for the student under §300.347(b)(2); or both." (34 CFR §300.344(b)(1))
• "A representative of any other agency that is likely to be responsible for providing or paying for transition services." (34 CFR §300.344(b)(3)(i))

Additional transition participants might include the student's employer or supervisor, vocational rehabilitation counselor, developmental disability specialist, etc., depending on the needs of the student.

2. What is a participating agency?

"Participating agency means a State or local agency, other than the public agency responsible for a student's education, that is financially and legally responsible for providing transition services to the student." (34 CFR §300.340(b))

3. What other adult agencies and services might the IEP team think about including? How does a public agency determine those agencies that are likely to be responsible for providing or paying for transition services?

There is no prescription for which agencies should be invited. Determination of the specific agencies with which to link depends on the specific needs, preferences, interests, desired post-school results and needs of the student and family. The agency (or agencies) invited should be those most likely to have the services, programs and supports that best match the particular student's needs and post-school goals.

"The public agency also shall invite a representative of any other agency that is likely to be responsible for providing or paying for transition services. If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain participation of the other agency in the planning of any transition services." (34 CFR §300.344(b)(3) (i)& (ii)) The requirement that the student's statement of needed transition services include, if appropriate, a statement of the interagency responsibilities or any needed linkages "requires a broader focus on coordination of services across, and linkages between agencies beyond the SEA and LEA." (Appendix A, Question 11).

During the course of an IEP meeting, the team may identify additional agencies that are likely to be responsible for providing or paying for transition services for the student. In such a case, the public agency will need to determine how it will meet the requirement of inviting representatives of other agencies to an IEP meeting and ensuring their participation in the transition planning.

Agencies could include, but are not limited to, community colleges, universities, vocational/technical training institutions, job training partnership providers, the State Vocational Rehabilitation Agency, Mental Health and Mental Retardation Agencies, Independent Living Center, Division of Developmental Disabilities and the Social Security Administration. A resource listing a myriad of potential agencies is Transition Planning: A Team Effort (deFur, S. H., 1999, Washington, DC: National Information Center for Children and Youth with Disabilities, 1-800-695-0285.)

Although not an IEP content requirement, some local education agencies include copies of correspondence to invited agencies in the student's records to document the invitation and participation. See Appendix B of this document for a sample letter to Participating Agency Representatives.

4. What is the school district's responsibility for inviting the student to his or her IEP meeting during which transition services will be addressed?

School districts are responsible for inviting the student, of any age, to his or her IEP meeting if a purpose of the meeting is the consideration of the student's transition service needs, needed transition services for the student or both. The final regulations emphasized that the student's participation is paramount in the design of his or her transition services by adding the words "of any age." "The IDEA Amendments of 1997 also contain provisions that greatly strengthen the involvement of students with disabilities in decisions regarding their own futures, to facilitate movement from school to post-school activities." (Appendix A, Section II)

5. Are there any circumstances under which the student would not be invited? (34 CFR § 300.344(b)(1))

The regulations clearly state that if a purpose of the meeting is to consider transition service needs, needed transition services or both for a student, the school district shall invite the student to attend the IEP meeting.

6. What form should the invitation to the student take?

There is no prescribed form for the student invitation; however, school districts must be able to demonstrate that a student was invited to attend the IEP meeting. The invitation may be oral or written. A copy of the letter or teacher notes indicating a verbal invitation should be kept. Written correspondence should be in a language the student and family can understand. Additionally, the parent notice of the IEP meeting must inform parents that the educational agency will invite the student to the IEP meeting. See Appendix B of this document for sample invitation letters.

7. If a student does not attend the IEP meeting, what steps should the district take to ensure that the student's preferences and interests are considered? (See 34 CFR § 300.344 (b)(2))

It is required that the student's interests and preferences are considered during development of the statement of transition service needs and the statement of needed transition services. If a student does not attend the IEP meeting, the public agency must take other steps to ensure that the student's preferences and interests are considered. When a school district finds that a student does not plan to attend the meeting, the school district could consider the following methods for obtaining student input prior to the meeting:

• Student conferences and inventories.
• Family conferences and inventories.
• Career exploration activities.
• Vocational interest and aptitude inventories.
• Situational assessments.
• Ideas from peers and other persons who know the student.

8. Are representatives of other agencies required to participate in the IEP meeting to develop statements of needed transition services?

Other agencies may agree to participate in the planning of transition services, but the public agency does not have the authority to compel representatives of participating agencies to attend IEP meetings.

However, there are several provisions of IDEA that facilitate the linkages with participating agencies. Methods of Ensuring Services, requires that "an interagency agreement or other mechanism for interagency coordination is in effect between each noneducational public agency…and the SEA, in order to ensure that all services…that are needed to ensure FAPE are provided." (34 CFR §300.142(a))

Further, "if any public agency other than an educational agency is otherwise obligated under Federal or State law, or assigned responsibility under State policy … to provide or pay for any services that are also considered special education or related services (such as… transition services) that are necessary for ensuring FAPE to children with disabilities within the state, the public agency shall fulfill that obligation or responsibility, either directly or through contract or other arrangement." (34 CFR §300.142(b)(1)(i))

Additionally, the final regulations provide that "an LEA may not use more than 5 percent of the amount the agency receives under Part B of the Act for any fiscal year, in combination with other amounts (which must include amounts other than education funds), to develop and implement a coordinated services system designed to improve results for children and families, including children with disabilities and their families." (34 CFR §300.244(a)) This system may include financing strategies for the provision of transition services.

9. What if an invited agency representative does not attend the IEP meeting?

"If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain participation of the other agency in the planning of any transition services." (34 CFR § 300.344 (b)(3)(ii)) Other steps could include, but are not limited to such activities as phone conversations about potential services, including the agency in a general information session with the student and family, providing print information about the agency services or arranging for a meeting with the agency prior to the IEP meeting.

10. May the services of an agency be specified on an IEP when that agency's representative is not present at the IEP meeting?

The regulations indicate that "if an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain participation of the other agency in the planning of any transition services." (34 CFR §300.344(b)(3)(ii)) If, when inviting the agency representative, he or she indicates the inability to attend the IEP meeting, it may be appropriate to have discussions leading to the agency's commitment to provide or pay for specific services.

However, the regulations further state that "nothing in this part 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." (34 CFR §300.348 (b)) Congressional intent was to increase the role of participating agencies in the planning and provision of transition services for students with disabilities.

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