Maryland law requires all students who will turn age 14 during the period of an IEP to have a transition plan that will provide coordinated services designed to move students successfully from school to post-secondary settings.
Beginning not later than the first IEP to be in effect when a student turns age 14, and younger, if appropriate, and updated annually, the IEP team must consider secondary transition services for the student.
The IEP meeting invitation letter must indicate the following:
that the student is an invited participant of the meeting; and
the consideration of the post-secondary goals and services for the student is one of the purposes for the meeting.
If the student does not attend the IEP team meeting, the IEP team must take other steps, including interviewing the student, to ensure that the student's preferences and interests are considered. Normally, this interview is conducted by the student's case manager in middle school and by the transition support teacher (TST) in high school. The interview must be completed annually and documented on the student’s IEP (34 C.F.R. § 300.320(b)).
To implement the requirements for post-secondary transition, with the written consent of the student's parents/guardians, or student, if applicable, MCPS will invite a representative of any participating public agency that is likely to be responsible for providing or paying for post-secondary transition services. The IEP team must obtain consent from the parents/guardians (or student, if applicable) prior to inviting participating agencies, by using MCPS Form 336-32, Authorization for Release/Exchange of Confidential Information. MCPS shall not invite public agency representatives to IEP meetings without this signed consent.
Distribution of transition information to students and parents/guardians: IEP teams should distribute the following information at IEP team meetings when transition is discussed. Documents are available from each school's department of special education and can be found at the links below:
Answers to Frequently Asked Questions about Transition Services and Graduation
Secondary Transition Planning Guide for Individuals with Disabilities (distribution is required annually)
TSTs: All staff members share the goal of preparing students for employment, postsecondary education and training, and life after high school. Special responsibility for this goal in MCPS is assigned to the TST. Support provided by TSTs includes:
conducting transition assessments;
developing and coordinating the implementation of the secondary transition plan;
counseling students on college and career planning;
supporting employment readiness needs;
developing and supporting work experiences;
linking students to appropriate services in the community; and
progress monitoring of transition activities.
Linkages to anticipated adult-service providers: In Maryland, a student with a disability who is receiving special education services is entitled to educational services until the end of the school year in which the student reaches age 21, or has met the requirements for a high school diploma, or obtained a General Education Development (GED). Beginning at age 14, or younger, if determined appropriate, a student’s IEP must include a statement of interagency responsibilities and any needed linkages. Note that the IEP team must obtain consent from the parents/guardians (or student, if applicable) prior to inviting participating agencies, by using MCPS Form #336-32, Authorization for Release/Exchange of Confidential Information. Provision of adult services is dependent upon whether the student is found eligible and the availability of funding. Eligibility is not determined by MCPS. Each adult service agency or education institution has unique eligibility criteria.
The TST or other MCPS personnel may assist families with the application process to an adult service agency; however, it is the responsibility of the parent/student to complete the application process for that agency. A listing of agencies can be found in the Secondary Transition Planning Guide for Individuals with Disabilities. For further information on postsecondary adult service agencies, high school staff members should consult their TST. Middle school staff members may contact the Transition Services middle school liaison in the Transition Services Unit.
If the MCPS does not provide agreed-on transition services contained in a student’s IEP, the MCPS must convene an IEP team meeting for the purpose of:
Identifying alternative strategies to meet the transition objectives; and
If necessary, revising the student’s IEP.
Transition and Students with Disabilities in Adult Prisons:
Transition planning and transition services do not apply with respect to a student with a disability incarcerated in an adult correctional facility, whose eligibility under Part B of IDEA will end before the student is eligible for release, based on the consideration of the sentence and eligibility for early release. COMAR 13A.05.01.09(C)(5).
In the state of Maryland, parents/guardians continue to have the right to make decisions for students with disabilities until students have graduated or have exited MCPS the year that student turns age 21. The decision-making rights will only transfer to the student prior to graduation or exiting MCPS under limited circumstances, such as when the parent/guardian no longer has rights to act on behalf of the child. Except in cases where a parent surrogate has been appointed, only the parents/guardians have the authority to make educational decisions for the child including whether the child should attend an IEP team meeting.
Beginning not later than one year before the student reaches the age of majority under state law, the IEP shall include a statement that the student has been informed of their rights under Part B of the Act, if any, that will transfer to the student on reaching the age of majority in accordance with Education Article, §8-412.1, Annotated Code of Maryland.
For more information on the transfer of parental rights and parent surrogates, please contact RACU at 240-740-3230.