TRANSITION PLANNING AND BEYOND FOR STUDENTS WITH SPECIAL NEEDS
As your teenager with an Individualized Education Program (“IEP”) gets older, it can be difficult to understand what their legal rights are and how to help them transition to adulthood and post-IEP life. School districts have new obligations to your child as they grow up and in some cases, your child may be entitled to post-high school education from the school district. This article will walk you through transition planning and answer common questions regarding how the IEP process changes as your child reaches adulthood.
WHAT IS A TRANSITION PLAN AND WHEN SHOULD I START THINKING ABOUT TRANSITION PLANNING?
A transition plan is an important section of your child’s IEP that contains transition goals and the education and related services required to assist your child in achieving those goals. Transition planning begins with an assessment of your child’s strengths and weaknesses in order to assist your child’s transition from school to post-school (and post-IEP) life. After your child is assessed, the results of their assessments are reviewed at an IEP meeting and the IEP team works together to develop a transition plan based on their individualized needs.
A transition plan, by law, must be included in the first IEP document in effect after your child’s 16th birthday. The transition plan can be included earlier in your child’s IEP if your child’s needs require an earlier transition or a longer transition period. Some states start transition planning earlier than 16; for example, New Jersey starts the transition planning process at age 14. N.J.A.C. 6A:14-3.7(e)11.
Even though the transition IEP usually occurs near your child’s 16th birthday, you should begin thinking about transition planning long before the transition IEP meeting. This is because the transition IEP covers far more than just leaving high school. Depending on your child’s situation, the transition plan can include preparation for college or other schooling, development of interpersonal and job skills, and readiness for independent living. You and your child should take the time to not just to consider strengths and weaknesses but also your child’s interests, potential career options, and personal goals for their future. It may also be a good idea to consult members of your child’s community, such as private tutors, counselors, therapists, and family members who know your child well. If you feel an individual has important information to share with the IEP team about your child’s needs, you may want to ask them to attend the transition IEP meeting or to write a letter for the IEP team to read at the meeting.
WHAT IS MY CHILD’S ROLE IN IEP TRANSITION PLANNING?
Your child has, understandably, the most important role in the IEP transition plan. The school district is required to evaluate your child in order to obtain up-to-date information regarding their strengths and weaknesses and to develop specific and individualized goals and related services related to transition. School districts will often encourage students to attend their transition planning IEP meeting. You and your child can decide if it makes sense for them to attend the transition planning IEP meeting, depending on their individual and specific needs. Even if your child does not attend the transition planning IEP meeting, it is important that their wants and goals are taken into consideration when developing their transition plan.
WHAT HAPPENS WHEN MY CHILD TURNS 18?
Your child’s IEP rights and decision-making power transfer at the age of majority. State law governs when the age of majority occurs, which in most states is age 18 -- where the individual is legally competent. This means your child is responsible for making decisions related to their IEP once they have reached the age of majority. If your child would like for you to continue to represent them at IEP meetings (and consent to IEPs on their behalf) you and your child, or an attorney, can draft a waiver letter notifying the school district.
When your child turns 18 it does not necessarily mean that they need to leave special education. Students who are IEP-eligible can receive special education and related services until high school graduation or until they age out of special education. In most states, the maximum age for special education is 22. In some states, like New Jersey, students who turn 21 during a school year can continue to receive special education for the balance of that school year. N.J.A.C. 6A:14-3.3.
WHAT HAPPENS TO MY CHILD’S IEP AFTER HIGH SCHOOL?
Depending on your child’s specific needs, they may be entitled to additional special education after high school. If your child graduates with a high school diploma, their special education eligibility ends upon graduation. However, the Individuals with Disabilities Education Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1973 can entitle individuals with disabilities to receive accommodations in post-secondary education and adult employment.
If your child does not graduate with a diploma, they can obtain a certificate signifying that they have completed high school. The law varies state by state, but a certificate of completion (sometimes called a certificate of attendance or an alternate diploma) is a document awarded to students who have completed their coursework and met their IEP goals, but failed to meet the requirements of a standard diploma. This may be due to the student receiving modifications of course work and testing or not completing the required curriculum for a standard diploma. Unlike a high school diploma, a certificate of completion might not be accepted by colleges or employers, so make sure to think carefully before choosing a non-diploma track education for your child.
Regardless of the path your child takes, it is important to make sure that you, your child, and any important members of your child’s community are involved in the transition process, that the IEP team develops robust transition goals and that the school district provides sufficient related services to enable your child to be prepared for post-IEP adult life. If you feel that your child’s needs are not being met, please contact a lawyer at Montgomery Law today for your free consultation. 215-650-7563.
[Disclaimer: The information contained in this article is intended to be used for informational purposes only. This information should not be relied on as legal advice, nor construed as creating of any form of attorney-client relationship.]