IDEA

Sec. 300.43 Transition services

"Statute/Regs Main » Regulations » Part B » Subpart A » Section 300.43

300.43 Transition services.

(a) Transition services means a coordinated set of activities for a child with a disability that—

(1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(2) Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and 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 provision of a functional vocational evaluation.

(b) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education."

Last modified on May 2, 2017

https://sites.ed.gov/idea/regs/b/a/300.43 

Workforce Innovation and Opportunity Act (WIOA)

www.pacer.org/transition/learning-center/laws/workforce-innovation.asp

"The Workforce Innovation and Opportunity Act (WIOA) is a federal law that helps youth and adults access employment training and support services. It also helps match employers with the workers they need.  The ultimate goal of WIOA is competitive employment for those most vulnerable and “at risk,” including individuals with disabilities. 

WIOA of 2014 replaces the Workforce Investment Act of 1998 (WIA) as the main national legislation on workforce development. This new version of the law includes an increased focus on youth with disabilities. WIOA funds many programs that can help youth with disabilities in high school and young adulthood gain important skills for successful employment.

The programs operate through a network of local centers in each state, American Job Centers (AJC), which provide youth job training, education, and employment services at a single location. Services include skill assessments, information on employment, information on training opportunities, job search and placement assistance, up-to-date information on job vacancies, and transition services.

What youth are eligible for services?

WIOA has a priority to serve those who are most at-risk, which is determined by a variety of factors including disability status, income, and whether or not the individual is currently enrolled in school (in-school youth or out-of-school youth). 

What is the role of the Vocational Rehabilitation (VR) agency?

Vocational Rehabilitation (VR) agencies are a required partner under the new law. Each state’s VR program will have a larger role in assisting youth who are transitioning from school to adult life.

At least fifteen percent of public VR funds must now be reserved for youth transition services, specifically for pre-employment services which include:

• career exploration and guidance;

• continued support for educational attainment, opportunities for skills training in in-demand industries and occupations;

• pre-apprenticeships or internships;

• postsecondary opportunities;

• workplace readiness training;

• training on self-advocacy; and

• other services if funds are available." 

https://www.pacer.org/transition/learning-center/laws/workforce-innovation.asp 

Americans with Disabilities Act (ADA) 

The federal Rehabilitation Act has a similar definition of transition services using an outcome-oriented approach with a focus on career development, competitive employment in the integrated labor market, and self-sufficiency of the individual. The coordinated set of activities “shall include instruction, community experiences, the development of employment and other post school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.” 

IDEA (2004) Part B SPP Indicator 13

IDEA (Individuals with Disabilities Education Act, 2004) Part B State Performance Plan (SPP) Indicator 13 is in place to measure the state's percent of youth aged 16-21 with an IEP that includes coordinated, measurable, annual IEP goals and transition services that will reasonably enable the child to meet the post-secondary goals. [20 U.S.C. 1416(a)(3)(B)]

Indicator 13 Transition Components

Age-appropriate Transition Assessments

The measurable postsecondary goals are based upon age appropriate transition assessment. Information from formal and informal assessments is collected by the IEP Team in the area of needs, strengths, preferences and interests. The measurable postsecondary goals are developed or confirmed and assessment information is updated annually.

Write Measurable Postsecondary Goals

Beginning no later than with the IEP that is in effect when the student turns 16, or earlier if determined appropriate by the IEP Team, the IEP must include appropriate measurable postsecondary goals based upon age-appropriate transition assessment related to education/training, employment, and where appropriate, independent living skills.

Identify Transition Services

Transition services are a set of coordinated activities designed to be a results-oriented process that facilitates the successful movement from school to postsecondary living. These activities are based on the student's needs, strengths, preferences, and interests. Transition services include instruction, related services, community experiences, the development of employment and other post-school living objectives and, when appropriate, daily living skills.

Write the Course of Study

A course of study is a current description of coursework and/or activities to achieve the student's desired post-school goals, from the student's current to anticipated exit year.

Coordinate Services with Adult Agencies

Transition Services are designed to be a results-oriented process that facilitates the movement from school to postsecondary living activities that include adult services.

WRIGHTS LAW

https://www.wrightslaw.com/info/trans.plan.graham.htm 

[1] Definition of Transition Services in the IDEA 2004 regulations

§300.43. Transition services.

(a) Transition services means a coordinated set of activities for a child with a disability that—

(1) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(2) Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and 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 provision of a functional vocational evaluation.

(b) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education. (34 C.F.R. §300.43)

(Wrightslaw: Special Education Law, 2nd Edition, page 203)

In IDEA 2004, the definition of Transition Services is at 20 U. S .C. §1401(34).

(Wrightslaw: Special Education Law, 2nd Edition, page 56)

For children who receive protections under Section 504, see Section 504 at 29 U. S. C. § 705. Definitions (37))

[2] Transition Services in Individualized Education Programs.

§300.320. Definition of individualized education program.

(b) Transition services. Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include—

(1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and

(2) The transition services (including courses of study) needed to assist the child in reaching those goals. (34 C.F.R. §300.320)

(Wrightslaw: Special Education Law, 2nd Edition, page 246)

In IDEA 2004, the requirements about Transition services in the IEP is at 20 U. S .C. §1414(d)(1)(A)(VIII).

(Wrightslaw: Special Education Law, 2nd Edition, page 100-101)

[3] See the Commentary about Transition Plans in the Federal Register, page 46668.

Revised: 06/19/19

https://www.wrightslaw.com/idea/comment/46661-46688.reg.320-328.ieps.pdf