6E - Transition Services October 2012

Albuquerque Public Schools shall integrate transition planning into the IEP process.  The Transition Services section of the IEP includes the results of transition assessment, the student’s post-secondary goals and course of study, and coordinated set of activities.  However, transition services also shall be incorporated throughout the IEP including in the annual goals, special education and related services.  (6.31.2.11(G) (2) NMAC)

Albuquerque Public Schools believes that appropriate post-secondary transition planning for children with disabilities is essential.  (6.31.2.11(G) (2) NMAC)

When Transition Must Be Addressed as Part of the IEP

Transition services shall be addressed by the IEP Team beginning not later than the first IEP to be in effect when the child turns fourteen (14), or younger if determined appropriate by the IEP Team, and updated annually, thereafter.  (34 C.F.R. § 300.320(b); 6.31.2.11(G) (3) NMAC)

Post-Secondary Goals

The IEP shall include appropriate measurable post-secondary goals based upon age appropriate transition assessments related to:

• Training;
• Education;
• Employment; and
• Where appropriate, independent living skills.

(34 C.F.R. § 300.320(b) (1); 6.31.2.11(G) (3) (a) NMAC)

“The only area in which post-secondary goals are not required in the IEP is in the area of independent living skills.  Goals in the area of independent living are required only if appropriate.  It is up to the child’s IEP Team to determine whether IEP goals related to the development of independent living skills are appropriate and necessary for the child to receive FAPE.”  (71 Fed. Reg. 46668 (August 14, 2006))

The IDEA does not provide an exception for the requirement to include employment goals in the IEP based on the nature of the child's disability; and OSEP does not have the authority to waive this statutory requirement.  Therefore, the determination of what postsecondary goals to include on a child's IEP must be individualized and may not be based on whether the child has a severe medical condition and developmental needs. (OSEP Letter to Heath (August 21, 2009))

The student’s IEP must include coordinated and measurable annual IEP goals and transition services that will reasonably enable the student to meet the post-secondary goals documented in the Transition Services section of the IEP.

“Regarding postsecondary goals related to training and education, the IDEA and its implementing regulations do not define the terms “training” and “education.”  However, the areas of training and education can reasonably be interpreted as overlapping in certain instances.  In determining whether postsecondary goals in the areas of training and education overlap, the IEP Team must consider the unique needs of each individual student with a disability in light of his or her plans after leaving high school.  If the IEP Team determines that separate postsecondary goals in the areas of training and education would not result in the need for distinct skills for the student after leaving high school, the IEP Team can combine the training and education goals of the student into one or more postsecondary goals addressing those areas.” Questions and Answers On Individualized Education Programs (IEPs), Evaluations, and Reevaluations (OSERS, Revised September 2011).

Transition Services

The IEP shall include the transition services (including courses of study) needed to assist the child in reaching the child’s post-secondary goals.  (34 C.F.R. § 300.320(b) (2))  Please refer to the “Definitions” subsection of this procedural directive for additional information on what transition services include.

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(b); 6.31.2.11(G) (2) (d) NMAC)

Notifying the Student of Rights That Will Transfer at Age of Majority

The IEP shall include a statement that the child has been informed of the child’s rights under the IDEA that will transfer to the child on reaching the age of majority.  Through TIENET, the IEP for each child with a disability in Albuquerque Public Schools automatically provides the following statement for all students age fourteen (14) and older:

When you turn 18, all of the rights described in the Parent and Child Rights in Special Education: Procedural Safeguards Notice document will transfer to you.  You will be responsible for signing consent forms and accepting or refusing services offered during your IEP Team meetings.  However, your parent (or guardian) will continue to receive Prior Written Notices of Actions proposed or rejected.

(6.31.2.11(G) (3) (c) NMAC)

Aging Out

Students eligible for special education services are entitled to a FAPE through age twenty-one (21).  If a student turns twenty-two (22) during the school year, the student shall be allowed to complete the school year.  If a student turns twenty-two (22) prior to the first day of the school year, the student shall no longer eligible to receive special education services.  (6.29.1.9(J) (13) (o) NMAC; 6.31.2.11(G) (6) NMAC)

Administrative Position: Chief Academic Officer

Department Director: Executive Director of Special Education

References

Legal Cross Ref.:

• 34 C.F.R. § 300.43
• 34 C.F.R. § 300.320
• 6.29.1.9 NMAC
• 6.31.2.11 NMAC

Board Policy Cross Ref.:

• I.11 Special Education

Procedural Directive Cross Ref.:

• Special Education – Graduation Planning

Forms:

• IEP – Transition Services section (contact Special Education)
• Agency Collaboration and Responsibilities Transition Services Attachment (contact Special Education)
• Tienet (for district employees)

NSBA/NEPN Classification: IHBA

Introduced: April 1, 2011
Reviewed: April 12, 2011
Adopted: April 22, 2011
Reviewed: October 12, 2012
Revised: October 12, 2012

This page was last updated on: April 27, 2011.