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APPENDIX A - Part III
III. Preparing Students With Disabilities for Employment and Other
Post-School Experiences
One of the primary purposes of the IDEA is to ``* * * ensure
that all children with disabilities have available to them a free
appropriate public education that emphasizes special education and
related services designed to meet their unique needs and prepare
them for employment and independent living * * *'' (Sec. 300.1(a)).
Section 701 of the Rehabilitation Act of 1973 describes the
philosophy of independent living as including a philosophy of
consumer control, peer support, self-help, self-determination, equal
access, and individual and system advocacy, in order to maximize the
leadership, empowerment, independence, and productivity of
individuals with disabilities, and the integration and full
inclusion of individuals with disabilities into the mainstream of
American society. Because many students receiving services under
IDEA will also receive services under the Rehabilitation Act, it is
important, in planning for their future, to consider the impact of
both statutes.
Similarly, one of the key purposes of the IDEA Amendments of
1997 was to ``promote improved educational results for children with
disabilities through early intervention, preschool, and educational
experiences that prepare them for later educational challenges and
employment.'' (H. Rep. No. 105-95, p. 82 (1997); S. Rep. No. 105-17,
p. 4 (1997)).
Thus, throughout their preschool, elementary, and secondary
education, the IEPs for children with disabilities must, to the
extent appropriate for each individual child, focus on providing
instruction and experiences that enable the child to prepare himself
or herself for later educational experiences and for post-school
activities, including formal education, if appropriate, employment,
and independent living. Many students with disabilities will obtain
services through State vocational rehabilitation programs to ensure
that their educational goals are effectively implemented in post-
school activities. Services available through rehabilitation
programs are consistent with the underlying purpose of IDEA.
Although preparation for adult life is a key component of FAPE
throughout the educational experiences of students with
disabilities, Part B sets forth specific requirements related to
transition planning and transition services that must be implemented
no later than ages 14 and 16, respectively, and which require an
intensified focus on that preparation as these students begin and
prepare to complete their secondary education.
11. What must the IEP team do to meet the requirements that the
IEP include ``a statement of * * * transition service needs''
beginning at age 14 (Sec. 300.347(b)(1)(i)),'' and a statement of
needed transition services'' no later than age 16
(Sec. 300.347(b)(2)?
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)''
(Sec. 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.'' (Sec. 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 Sec. 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 ``[For
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 needs connected to technology
course work, while another student's statement of transition
services 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
Sec. 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 Sec. 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 Sec. 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
Sec. 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 * * *.''
(Sec. 300.29) Section 300.344(b)(3) further requires that, in
implementing Sec. 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,
Sec. 300.347(b)(2) requires a broader focus on coordination of
services across, and linkages between, agencies beyond the SEA and
LEA.
12. 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
Sec. 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?
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 Sec. 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 Sec. 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 Sec. 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.)
13. Under what circumstances must a public agency invite
representatives from other agencies to an IEP meeting at which a
child's need for transition services will be considered?
Section 300.344 requires that, ``In implementing the
requirements of [Sec. 300.347(b)(1)(ii) requiring a statement of
needed transition services], the public agency shall also invite a
representative of any other agency that is likely to be responsible
for providing or paying for transition services.'' To meet this
requirement, the public agency must identify all agencies that are
``likely to be responsible for providing or paying for transition
services'' for each student addressed by Sec. 300.347(b)(1), and
must invite each of those agencies to the IEP meeting; and if an
agency invited to send a representative to a meeting does not do so,
the public agency must take other steps to obtain the participation
of that agency in the planning of any transition services.
If, during the course of an IEP meeting, the team identifies
additional agencies that are ``likely to be responsible for
providing or paying for transition services'' for the student, the
public agency must determine how it will meet the requirements of
Sec. 300.344.