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TRANSITION
Compiled by the
Maine Transition Network
Committee on Transition (COT)
January 1999
Revised April 1999, Nov. 1999, Jan. 2000, Oct. 2001
Federal Law (IDEA 97) June 1997 p. 3-7
P.L. 105-17
Federal Regulations March 1999 p. 3-7
Federal Register Vol. 64 # 48
Maine Department of Education January 2000 p. 8
Special Education Program Review
Pupil Record Audit
Maine Department of Education November 1999 p. 9-11
Special Education Regulations
Chapter 101
Maine P.L. 345 May 1997 p. 12
“An Act to Improve the Transition
of People with Disabilities from
Children’s to Adult Services”
Maine P.L. 778 April 1998 p. 13
“An Act to Implement the
Recommendations of the Commission
to Determine the Adequacy of
Services to Persons with Mental Retardation”
I represent the Maine Administrators of Services for Children with Disabilities (MADSEC) on the Committee on Transition (COT). In addition, COT is included on the MADSEC Representative Board as one of its Liaison Groups. I am honored to have served as Chair of COT from 1998 to 1999. I believe that a good working relationship between MADSEC and COT is critical and I am happy to report that we enjoy such a relationship.
This document has been prepared in response to the needs of special education directors, other education professionals, community and state agency providers and parents who need to know “the bottom line”. What are the actual requirements of the laws, regulations and compliance documents with regard to transition? In the following pages, you will find only the exact language of the federal and state laws and state compliance documents governing transition. Intentionally, no interpretation is provided so as to be clear that these are not just our good ideas, but are the actual legal basis.
In addition to this document, the “’good ideas” or “best practices” in implementing these laws and regulations are communicated by the Maine Transition Network, Committee on Transition (COT), in various ways. Most prominent currently are our regional “Student Centered Transition Planning Seminars for School Based Teams”. These seminars, sponsored by a grant from the Maine Department of Education, feature students and parents as presenters and result in transition plans for individual students as well as specific action plans for the participating school districts. I urge you to use the services and programs of COT as you move toward being a model for your work on transitioning youth with disabilities in Maine.
Dianna Gram, Chair 1998 - 1999
Committee on Transition (COT)
Special Education Director
Vassalboro Community School
For More Information Contact: 1-800-328-9549
IDEA 97 FEDERAL LAW
( June 1997) (P.L. 105-17)
FEDERAL REGULATIONS
(March 1999) (Federal Register Vol. 64 # 48)
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Federal Law (IDEA 97) |
Federal Regulations |
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AGE 14
Law Section 614(d)(1)(A)(vii)(I) |
…beginning at age 14, and updated annually, a state of the transition service needs of the child under the applicable components of the child’s IEP that focuses on the child’s courses of study (such as participation in advanced placement courses or a vocational education program) |
AGE 14
Regulation Section 300.347(b)(1) |
…The IEP must include (1) for each student with a disability beginning at age 14 (or younger, if determined appropriate by the IEP team), and updated annually, a statement of the transition service needs of the student under the applicable components of the student’s IEP that focuses on the student’s courses of study (such as participation in advanced-placement courses or a vocational education program… |
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AGE 16
Law Section 614(d)(1)(A)(vii)(II) |
…beginning at age 16 (or younger, if determined appropriate by the IEP Team), a statement of needed transition services for the child, including, when appropriate, a statement of the interagency responsibilities or any needed linkages |
AGE 16
Regulation Section 300.347(b)(2) |
…For each student beginning at age 16 (or younger, if determined appropriate by the IEP team), a statement of needed transition services for the student, including, if appropriate, a statement of the interagency responsibilities or any needed linkages… |
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Federal Law (IDEA 97) |
Federal Regulations |
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DEFINITION OF TRANSITION SERVICES
Law Section 602(30) |
…The term ‘transition services’ means a coordinated set of activities for a student with a disability that- (A) is designed within an outcome-oriented process, which promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (B) (B) is based upon the individual student’s needs, taking into account the student’s preferences and interests; and (C) © includes instruction, related 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… |
DEFINITION OF TRANSITION SERVICES
Regulation Section 300.29
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… (a) As used in this part, transition services means a coordinated set of activities for a student with a disability that- (1) is designed within an outcome-oriented process, that promotes movement from school to post-school activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (2) …is based on the individual student’s needs, taking into account the student’s preferences and interests; and (3) includes; (i) Instruction; (ii) Related services; (iii) Community experiences; (iv) The development of employment and other post-school adult living objectives; and (v) If appropriate, acquisition of daily living skills and functional vocational evaluation. |
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Federal Law (IDEA 97) |
Federal Regulations |
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DEFINITION OF TRANSITION SERVICES (cont)
Regulation Section 300.29
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(b) Transition services for students with disabilities may be special education, if provided as specially designed instruction, or related services, if required to assist a student with a disability to benefit from special education. |
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Parental Notice
Law Section |
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Parental Notice
Regulation Section 300.345(b)(2) and Section 300.345(b)(3)
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…For a student with a disability beginning at age 14, or younger, if appropriate, the notice must also-(i) indicate that a purpose of the meeting will be the development of a statement of the transition services needs of the student required in Section 300.347(b)(1); and (ii) Indicate that the agency will invite the student
…For a student with a disability beginning at age 16, or younger, if appropriate, the notice must- (i)indicate that a purpose of the meeting is the consideration of needed transition services for the student required in Section 300.347(b)(2): (ii) Indicate that the agency will invite the student; and (iii) identify any other agency that will be invited to send a representative.
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Federal Law (IDEA 97) |
Federal Regulations |
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Age of Majority
Law Section 614(d)(1)(A)(vii)(III) |
…beginning at least one year before the child reaches the age of majority under state law, a statement that the child has been informed of his or her rights under this title, if any, that will transfer to the child on reaching the age of majority under Section 615(m) |
Age of Majority
Regulation Section 300.347© |
beginning at least one year before a student reaches the age of majority under State law, the student’s IEP must include a statement that the student has been informed of his or her rights under Part B of the Act, if any, that will transfer to the student on reaching the age of majority, consistent with Section 300.517. |
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Student Preferences and Interests
Law Section
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Student Preferences and Interests
Regulation Section 300.344(b) (1,2,3)
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(1) …the public agency shall invite a student with a disability of any age to attend his or her IEP meeting if a purpose of the meeting will be the consideration of - (i) the student’s transition services needs under Section 300.347(b)(1); (ii) the needed transition services for the student under Section 300.347(b)(2); or (iii) both. (2) …if the student does not attend the IEP meeting, the public agency shall take other steps to ensure that the student’s preferences and interests are considered. (3)(i)…in implementing the requirements of Section 300.347(b)(2), the public agency also shall invite a representative of any other agency that is likely to be responsible for providing or paying for transition services… (ii) …if an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain participation of the other agency in the planning of any transition services |
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Federal Law (IDEA 97) |
Federal Regulations |
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Other Agencies
Law Section 614(d)(5)
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…FAILURE TO MEET TRANSITION OBJECTIVES. If a participating agency, other than the local educational agency, fails to provide the transition services described in the IEP in accordance with paragraph (1)(A)(vii), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in that program |
Other Agencies
Regulation Section 300.348(a)(b) |
(a) If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with Section 300.347(b)(1), the public agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP. (b) Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency. |
Maine Department of Education
Special Education Program Review
Pupil Record Audit Form (1/1/00)
Of the 45 compliance items reviewed in pupil records, six items pertain to transition.
# 8 and #20 should appear in the Pupil Record. #42 - # 44 should appear in the IEP.
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ITEMS |
COMMENTS |
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8. If purpose of meeting is consideration of transition services…beginning at age 14, or younger, if appropriate, …notice of meeting must indicate: A. Transition services will be considered B. Student invited to meeting C. Identify any other agency that will be invited to send a representative (5.13, 8.5) |
Pupil Record |
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21. A. If transition services were discussed and student did not attend P.E.T., steps taken to ensure the student’s preferences and interests were considered B. If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain participation (8.8) |
Pupil Record |
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43. Adaptations of and accommodations to state and local graduation requirements (15-20 year olds)…, (5.11) |
IEP |
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44. A. For each student beginning at age 16…, a statement of needed transition services for the student . . . the coordinated set of activities . . . shall include . . . special education services, instruction, supportive services, community experiences, development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation |
IEP |
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44. B. …beginning at age 14, or younger if appropriate,…, and updated annually, a statement of the transition service needs of the student under the applicable components of the student’s IEP that focuses on the student’s courses of study . . . (2.31, 10.2I, 5.13 |
IEP |
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45. …beginning at least one year before the student reaches age 18 (the age of majority), a statement that the student has been informed of the special education rights… (10.2J) |
IEP |
Maine Department of Education
Special Education Regulations
Chapter 101 (November 1, 1999)
Section 2.31 Definitions: Transition Services
Section 5.11 Graduation
Section 5.13 A&B Special Education Services: Transition Services
Section 8.5 P.E.T. Process: Parental Notice of P.E.T. Meetings
Section 8.8 P.E.T. Process: P.E.T. Meetings - Transition Services
Section 9.14 Evaluation and Identification: Vocational Evaluations
Section 10.2 I&J Individual Education Program: I.E.P. Components
The term "transition services" means a coordinated set of activities for a student with a disability, designed within an outcome-oriented process, which promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based on the individual student's needs, taking into account the student's preferences and interests, and shall include, but not be limited to, special education services, instruction, supportive services, community experiences, the development of employment and other post-school adult living objectives, and if appropriate, acquisition of daily living skills and functional vocational evaluation.
When the Pupil Evaluation Team is developing the Individualized Education Program of a student with a disability between the ages of 15 and 20 inclusive, the P.E.T. may make reasonable and appropriate adaptations of and accommodations to the state and local graduation requirements to reflect the unique skills and abilities of the student and shall specify in the student’s Individualized Education Program the projected date of graduation…
A. Content of Individualized Education Program - The Pupil Evaluation Team shall include within the Individualized Education Program of a student with a disability beginning no later than age 14 (or younger if determined appropriate by the P.E.T.), and updated annually, a statement of the transition service needs of the student under the applicable components of the student’s I.E.P. that focuses on the student’s courses of study (such as participation in advanced-placement courses or a vocational education program).
For each student beginning at age 16 (or younger if determined appropriate by the P.E.T.) a statement of the needed transition services for the student including, when appropriate, a statement of the interagency responsibilities or any needed linkages.
B. Agency responsibilities for transition services - In the case where another agency other than the school administrative unit responsible for the student's education, fails to provide agreed upon transition services contained in the I.E.P. of a student with a disability, the school administrative unit shall reconvene the Pupil Evaluation Team, identify alternative strategies to meet the transition objectives and, if necessary, revise the student's I.E.P.
Nothing in these rules relieves any other agency, including the Maine Department of Human Services, the Maine Department of Mental Health, Mental Retardation and Substance Abuse Services, the Maine Department of Labor or the Bureau of Vocational Rehabilitation, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.
The school unit shall provide at least 7 days prior notice of each P.E.T. meeting to the parents of each student with a disability. Such notice shall be early enough to ensure that the parents will have an opportunity to attend. The notice shall indicate the purpose, time, location of the meeting, who will be in attendance, a notice of the procedural safeguards specified in this rule, the parent's right to be a member of the P.E.T. and the parent’s right to invite other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate. . .
If the purpose of the P.E.T. meeting is consideration of transition services for a student, the notice must also indicate this purpose, indicate that the agency will invite the student, and identify any other agency that will be invited to send a representative.
A. If a purpose of the meeting is the consideration of transition services for a student, the public agency shall invite the student; and a representative of any other agency that is likely to be responsible for providing or paying for transition services.
B. If the student does not attend, the public agency shall take other steps to ensure that the student's preferences and interests are considered.
C. If an agency invited to send a representative to a meeting does not do so, the public agency shall take other steps to obtain the participation of the other agency in the planning of any transition services.
Every student with a disability between 12 and 20 years of age shall be provided an opportunity for an interest and aptitude evaluation. Such evaluations may include job sampling and practical experiences if determined to be appropriate. Such vocational evaluations may be provided by certified Vocational Education Evaluators or other qualified evaluators. The purpose of the vocational evaluation is to assist the P.E.T. to identify deficits in work skills and behaviors that would interfere with appropriate educational programs and services that would be reasonably expected to result in the gainful employment of the student.
Based on the results of such an evaluation, a component of the student's Individualized Education Program shall be developed to include special education, supportive services and vocational services necessary to accomplish the identified vocational goals. A representative of the appropriate regional vocational agency or program shall be involved in the development of this component of the student's Individualized Education Program.
Each Individualized Education Program shall contain the following components:
I. Beginning at age 14 and updated annually, a statement of the transition service needs of the student including a statement of any interagency responsibilities and any needed linkages, (see §5.13, Transition Services); and
J. Beginning at least one year before the student reaches age 18 (the age of majority), a statement that the student has been informed of the special education rights under State or Federal law that will transfer to the student.
Maine P.L. 345
“An Act to Improve the Transition of People with Disabilities from Children’s to Adult Services” (May, 1997)
Sec. 1. 20-A MRSA §7258 is enacted to read:
§7258. Transition to adult services
1. Attendance at pupil evaluation team meetings. Annually, representatives from appropriate state service agencies, as determined by the pupil evaluation team of the school administrative unit, and in accordance with special education rules, shall designate a transition contact person to participate in transition planning for students with disabilities. The transition contact person shall attend pupil evaluation team meetings or provide relevant information to the pupil evaluation team for transition planning purposes. This requirement applies to students with disabilities who have attained 16 years of age, or 14 years of age when determined by the pupil evaluation team to be appropriate.
2. Documentation. Annually, the transition planning team shall complete documentation that estimates the amount and type of anticipated services the pupil will require upon aging out or graduation and submit this annual documentation to the Department of Education. The department shall transmit the data to the appropriate state service agency.
3. Budget. State service agencies shall show evidence of having used the documentation completed pursuant to subsection 2 to develop their biennial budget beginning with the biennium ending June 30, 1999.
Maine P.L. 778
Sections 1-2 “An Act to Implement the Recommendations of the Commission to Determine the Adequacy of Services to Persons with Mental Retardation” (April, 1998)
Sec. 1. 20-A MRSA §7258, sub-§§1-A and 1-B are enacted to read:
1-A. Care manager. Within 2 years before the date that a student with mental retardation, serious emotional disturbance or other developmental disabilities will graduate or finish school, the Department of Mental Health, Mental Retardation and Substance Abuse Services, in consultation with the pupil evaluation team of the school administrative unit, shall designate a case manager to participate in transition planning for that student. The case manager shall convene an adult services transition team, ensure interagency coordination and access to adult services, serve as a single contact person for the student transitioning into the adult services and attend pupil evaluation team meetings or provide relevant information to the pupil evaluation team for transition planning purposes.
1-B. Annual report. Beginning January 1, 1999 and annually thereafter, the department, in conjunction with the Department of Mental Health, Mental Retardation and Substance Abuse Services, shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters and to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs regarding transition planning for the adult services system and the number of persons 16 years of age or older on waiting lists for services for persons with autism or mental retardation provided by or under the authority of the department and the Department of Mental Health, Mental Retardation and Substance Abuse Service.
Sec. 2. Management information system. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall continue to develop and improve its management information system that collects data on persons receiving services, persons on waiting lists for services, persons making the transition from school-based services to adult services and the ages of persons receiving those services and on the waiting lists. The information collected must be distributed so that it is accessible and understandable to consumers, their families, service providers and policymakers. The management information system must provide families with information regarding planning, service options and support resources. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall report its progress to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 1, 1999.