IDEA '97 Transition Requirements: A Guide

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

1. Are students with disabilities in adult prisons entitled to a free appropriate public education (FAPE)?

"The following requirements do not apply to students with disabilities who are convicted as adults under State law and incarcerated in adult prisons:

"The obligation to make FAPE available to all children with disabilities does not apply with respect to students aged 18 through 21 to the extent that State law does not require that special education and related services under Part B of the Act be provided to students with disabilities who, in the last educational placement prior to their incarceration in an adult correctional facility were not actually identified as being a child with a disability…and did not have an IEP under Part B of the Act.

"The requirements in §300.347(b) (relating to transition planning and transition services), with respect to the students whose eligibility under Part B of the Act will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release." (34 CFR § 300.311 (b))

2. What is vocational rehabilitation? Who is eligible?

Vocational Rehabilitation (VR) is a federally funded program designed to assist individuals with disabilities prepare for, and engage in, gainful employment. Recently, the Vocational Rehabilitation Act of 1973 was re-authorized by Title IV of Public Law 105-220, the Workforce Investment Act of 1998 (WIA). The program provides a wide range of services and job training to people with disabilities who want to work. To be eligible for VR services, a person must (1) have a physical or mental impairment that is a substantial impediment to employment; (2) be able to benefit from VR services in terms of employment; and (3) require VR services to prepare for, enter, engage in and retain employment. The WIA requires that each eligible individual have an Individualized Plan for Employment (IPE).

Several sources of information on the WIA provisions may be found at the following web sites:

http://ici2.coled.umn.edu/ntn/default.html

http://www.usworkforce.org/wia

The National Rehabilitation Information Center (NARIC) may serve to connect the caller with the state Vocational Rehabilitation office; the telephone number for NARIC is 1-800-346-2742. In addition, the National Transition Network has several Parent Briefs describing services available from Rehabilitation Services Administration. They may be contacted at 612-626-8200 or http://ici2.coled.umn.edu/ntn/default.html

3. What work incentives exist and how might they be incorporated into transition planning?

Some special education students are eligible for Supplemental Security Income (SSI) work incentives through the Social Security Administration. These work incentives could be included in IEP development and support the transition process through community-based vocational training and other employment options. Eligibility requirements for SSI benefits are established by the Social Security Act and Regulations. To be eligible, a person, of any age, must have little or no income or resources, be considered medically disabled, and initially earning less than $500 gross monthly. Detailed information about eligibility and this program are available through local Social Security Offices. A publication entitled Meeting the Needs of Youth with Disabilities: Handbook on Supplemental Security Income Work Incentives and Transition Students (The Study Group, Inc., 1998) explains the program, benefits and strategies for incorporating it into the transition process. A companion document is entitled: Meeting the Needs of Youth with Disabilities: Examples of Students with Disabilities Accessing SSI Work Incentives (The Study Group, 1999).

In addition, the National Transition Network (NTN) has several publications describing benefits available under the Social Security System for individuals with disabilities. These Supplemental Security Income benefits include Plan for Achieving Self-Support (PASS), Individualized Work Incentive Program, The Student Earned Income Exclusion, and Property Essential to Self-Support (PESS). NTN may be contacted at 612-626-8200 or http://ici2.coled.umn.edu/ntn/default.html

In addition, the telephone number of the Social Security office in your locality may be found be calling 1-800-722-1213.

4. What critical skills should students have if they plan to go to college?

As is true for any student desiring a college education, students with disabilities who plan to attend college should have completed a rigorous high school program and achieved the standards set by their state or district for a regular diploma. Other college success skills include (but are not limited to):

• A goal or direction for what the student wants to do in terms of employment or career.
• Vocational or work experience during high school.
• Study skills to read critically, identify important information, take usable notes, plan and complete assignments.
• Self-advocacy skills to know his or her strengths, how his or her disability affects learning, the adaptations or modifications that facilitate learning and strategies for seeking assistance from peers, instructors and support systems.
• Knowledge about assistive technology to make learning easier.
• Ability to make constructive choices about social situations, friends, use of time, fitness and a healthy lifestyle.

The National Clearinghouse on Post-Secondary Education for Individuals with Disabilities (HEATH Resource Center) is a resource for information and materials for students with disabilities planning to engage in post-secondary education. Their toll-free number is 800-544-3284 and their web site is: www.heath-resource-center.org

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