Transition Services

 In the first section of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400(d)(1)(a)), Congress stated that one of the chief purposes of the Act 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 further education, employment, and independent living. 

The IDEA requires that when a child turns 16, the child’s IEP includes: appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, when appropriate, independent living skills" and the transition services (including courses of study) needed to assist the child in reaching those goals." 20 U.S.C. § 1414(d)(1)(A)(i)(VIII). 

The Iowa Rules of Special Education require transition planning to be in place not later than the first IEP to be in effect when a child turns 14, or younger if determined appropriate by the IEP team. 281 Iowa Admin. Code r. 41.320(2). 

Transition services means a coordinated set of activities for a child with a disability that:

a. 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 post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

b. is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and

c. includes instruction, relation services, 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.

20 U.S.C. § 1401(34); see also 34 C.F.R. § 300.320(b) (noting a transition IEP "must include appropriate measurable secondary goals . . . related to training, education, and employment . . . [and] transition services (including courses of study) needed to assist the child in reaching those goals.").

When a child needs specially designed instruction (SDI) to benefit from the child’s transition services, it is “special education” and should be tied to an IEP goal. 34 C.F.R. § 300.18(b)(2)(i). When a child needs related services to benefit transition services, those services should be written into the IEP. These determinations should be made on a case-by-case basis by the IEP team. Letter to Hamilton, 23 IDELR 721 (OSEP 1995). 

When a child with an IEP does not require special education to benefit from the child’s transition services, as long as the transition services are determined by the student's strengths, preferences, and interests, and are provided as a coordinated set of activities, the transition services may include instruction that is available to all children. Id. 

A few more things:

• The IEP team must clearly state the amount of services provided in the IEP so that the school district’s commitment of resources will be clear to parents and providers. 71 Fed. Reg. 46,667 (2006). 

• School districts and AEAs may not tell a student with a disability what that child can or cannot achieve.

• School districts may not restrict transition services solely to a menu of experiences that can be provided on school grounds. 

• School districts are expected to take a leadership position in contacting agencies expected to provide services to the student and to act as a liaison between the parents and the other agencies while the student is enrolled in school. See Letter to Bereuter, 20 IDELR 536 (OSERS 1993). See also Yankton Sch. Dist. v. Schramm, 93 F.3d 1369 (8th Cir. 1996). 

• A school district may not unilaterally delegate its transition responsibilities to parents.

• A district is ultimately responsible to the student for ensuring that the transition services called for in the student's IEP are implemented.