Special Education:
WHAT ARE TRANSITION SERVICES?34
Eligible students are entitled to special education services through the school year of their 21st birthday. The transition from educational services to adult services can often be confusing. Transition services are designed to help the student move from school to employment, further education, adult services, independent living or other types of community participation. These activities must be based on the student's needs, preferences and interests.
WHEN DO TRANSITION SERVICES BEGIN?
Under the 1997 IDEA amendments, the process of transition planning begins when a student turns 14 (although in appropriate cases it can begin earlier). At age 14, the student's IEP must contain a statement of the student's transition service needs. These needs should be stated in the relevant portions of the IEP and focus on the student's course of study (such as participation in advanced placement courses or a vocational education program). Beginning at age 16 (or younger if the IEP team decides this is appropriate), a full-scale transition plan must be developed.
WHO DECIDES WHAT TRANSITION SERVICES MY CHILD WILL GET?
Transition services are decided at the IEP meeting. Besides the usual IEP team members, the school district should invite representatives from other public agencies who are likely to be responsible for providing or paying for transition services. The student, whose preferences and participation are key, will also be invited. Because transition services are decided by the IEP team, all your IEP rights apply. See What are my IEP Rights?
WHAT ARE EXAMPLES OF TRANSITION SERVICES?35
In considering the activities to include in a transition plan, it is helpful for parents to first have a discussion of their child's desires for vocational, educational, independent living and other goals for the future. Transition services may include:
The IEP should identify the responsible agency for any particular goal, activity or support and a statement of the commitment from other public agencies to pay for any transition service.
CAN MY CHILD CONTINUE TO GET SPECIAL EDUCATION IF HE GRADUATES WITH A REGULAR DIPLOMA?37
The district is not required to provide a free and appropriate public education to students with disabilities who have graduated with a regular high school diploma. Oregon law allows a time limited exception for some students. As of August 20, 1999, if a student has a regular diploma and is getting special education services, these services may continue until the student’s 21st birthday.
WHAT IF THESE OTHER AGENCIES DON'T PROVIDE A TRANSITION SERVICE?
If an agency other than the school district does not provide the agreed upon services, the IEP team must meet to develop other approaches to achieve the transition objectives.
CAN MY 18 YEAR OLD MAKE EDUCATION DECISIONS WITHOUT ME?36
In Oregon, at age 18 a child becomes a legal adult. Beginning at least one year before the child turns 18, the school district must inform the child and parents of rights under the IDEA that will transfer to the child at age 18. This must be documented on the transition plan. Parents must continue to be notified of action the school district wants to take or refuses to take regarding education services but all other IDEA rights transfer to the child.
WHAT IF I THINK MY 18 YEAR OLD IS UNABLE TO UNDERSTAND THE IDEA AND EFFECTIVELY ADVOCATE FOR HIS EDUCATION?
Some parents may want to become legal guardian of an adult child with disabilities. Guardians may only be appointed by the courts under particular circumstances. There are different types of guardians. Some guardians may make all the decisions for the person with disabilities while others may make only some decisions. The Oregon State Bar Lawyer Referral Service can help parents find a lawyer who practices guardianship law.
For students who are not able to make educational decisions on their own behalf and who have no appointed guardian, states must develop a procedure to appoint the parents or an appropriate person to represent the interests of the child.