US Department of Education Clarifies Transition Related Changes in IDEA

by United States Department of Education, Office of Special Education and Rehabilitative Services

On Dec. 3, 2004, President George W. Bush signed the reauthorized Individuals with Disabilities Education Act (IDEA) into law. Except for some elements of the definition of “highly qualified teacher” that took effect when Bush signed the act, the provisions of the act were effective on July 1, 2005. The following information, prepared by the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education covers a variety of topics and brings together the statutory language related to those topics. The information can support special education stakeholders in preparing to implement the new IDEA requirements. The following information addresses only the changes to provisions regarding transition services of IDEA that took effect on July 1, 2005. It does not address any changes that may be made by the final regulations.

IDEA 2004:

1. Changes in the purpose of IDEA: added “further education.”
   The purpose of IDEA is to ensure that all children with disabilities have available to them a free and appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. [602(d)(1)(A)]
2. Change in language.
   In Section 602(34), the language in IDEA is changed from ‘student’ to ‘child.’
3. Changes to definition of “transition services.”
   The term “transition services” means a coordinated set of activities for a child with a disability that:
   • 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 postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living or community participation, and [602(34)(A)]
   • Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests. [602(34)(B)]
4. Changes in performance goals and indicators.
   Address graduation rates and dropout rates, as well as such factors as the state may determine. [612(a)(15)(A)(iii)]
5. Procedures for reevaluations.
   A local educational agency (LEA) must ensure that a reevaluation for each child with a disability is conducted in accordance with Sections 614(b) and 614(c) if:
   • The LEA determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or
   • The child’s parents or teacher requests a reevaluation. However, a reevaluation shall occur not more frequently than once a year, unless the parent and the LEA agree otherwise; and at least once every three years, unless the parent and the LEA agree that a reevaluation is unnecessary. [614(a)(2)]
6. Exception to requirements for evaluation before a change in eligibility.
   An evaluation is not required before the termination of a child's eligibility if the termination of eligibility is:
   • Due to graduation from secondary school with a regular high school diploma; or
   • Because the child exceeds the age of eligibility for a free and appropriate
     public education under state law.

   For a child whose eligibility under IDEA terminates under circumstances described above, a LEA must provide the child with a summary of his or her academic achievement and functional performance, including recommendations on how to assist the child in meeting postsecondary goals. [614(c)(5)(B)]

7. Changes to definition of an individualized education program (IEP).
   IEPs are required to include:
   • A statement of measurable annual goals, including academic and functional goals, that meet the child’s needs that result from the child’s disability, to enable the child to be involved in, and make progress in, the general education curriculum; and that meet each of the child’s other educational needs that result from the child’s disability; [614(d)(1)(A)(i)(II)]
     IEPs are required to include:
   • A description of how the child’s progress toward meeting the annual goals will be measured; and
   • A description of when periodic reports on the progress the child is making toward meeting the annual goals will be provided to the parents. Reporting may include quarterly reports, or other periodic reports, concurrent with the issuance of report cards. [614(d)(1)(A)(i)(III)]
     Beginning not later than the first IEP to be in effect when the child turns 16 and then updated annually thereafter, the IEP must include:
   • Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and independent living skills, where appropriate;
   • Transition services needed to assist the child in reaching those goals, including courses of study; and
   • Beginning not later than one year before the child reaches the age of majority under state law, a statement that the child has been informed of the child’s rights under this title, if any, that will transfer to the child on reaching the age of majority under Section 615(m). [614(d)(1)(A)VIII]
8. Rule of construction.
   Nothing in Section 614 shall be construed to require (1) that additional information be included in a child’s IEP beyond what is explicitly required in Section 614 or (2) require the IEP team to include information under one component of a child’s IEP that is already contained under another component of such IEP. [614(d)(1)(A)(ii)]
9. Added specific requirements to development of an IEP.
   In developing each child’s IEP, the IEP team, subject to Subparagraph (C), shall consider the academic, developmental, and functional needs of the child.
   [614(d)(3)(A) (iv)]
   
   For more information, visit www.ed.gov/about/offices/list/osers/index.html.

Special Education in Michigan

Statewide Initiative Reviews Current Transition Services System

The Context

The Office of Special Education and Early Intervention Services (OSE/EIS) reviewed existing compliance monitoring data to determine the extent of systemic challenges in the area of secondary transition. These issues were confirmed by a compliance monitoring parent survey called the Parent Perception Survey. The high drop out rate for students with disabilities indicates that students may not be engaged in meaningful transition activities in preparation for post-school life and also points to inconsistent implementation of effective transition planning across the state. A review of the current system of transition services was necessary to ensure that an effective and credible system would be in place to assure improved post-school outcomes for students with disabilities could be achieved. The OSE/EIS led a comprehensive statewide initiative, Michigan’s Transition Outcomes Project (MI-TOP), which created baseline data to address the proximity to which transition requirements were being met with consistency and quality. This initiative yielded two complete data sets that are described below.

Results

The following are selected results from the IEP checklist and the Parent Survey. Questions were posed to examine whether or not IEPs reflect a student’s preferences and interests.

IEP Checklist

IEP Checklist (left) & Parent Survey

Did the public agency take steps to ensure that the student’s preferences and interests were considered in the development of the Individualized Education Program (IEP)? [The IEP shows evidence that the student’s preferences and interests were integrated into the development of the present level of educational performance (PLEP), statement of transition services needed (STSN), statement of needed transition services (SNTS) and annual goals and objectives.] (4,942 respondents)

Parent Survey

Did the school help your student identify his/her preferences and interests in the development of the IEP? (1,033 respondents)

The following questions regarding needed transition services were asked in IEP checklist and parent surveys:

IEP Checklist: Does the statement of needed transition services consider…

Parent Survey: Thinking back on your last IEP, do the activities in the statement of needed transition services promote the student's desired post school goals in the following areas?

Below is a summary of the “Yes” responses for each of the components:

What's Next

Mapping the Influences

The Office of Special Education and Early Intervention Services (OSE/EIS) will continue to measure qualitative indicators of effective transition programs and quantifiable indicators of adherence to transition requirements. The OSE/EIS will initiate the ongoing evaluation of the post-school outcomes for children with disabilities who have participated in transition planning. Data collection for quantifiable and qualitative indicators of effective transition programs will be embedded within the OSE/EIS Self Review of the Continuous Improvement and Monitoring System (CIMS).

The OSE/EIS is actively engaged in the development of a post-school outcomes data collection system. Current data sets from multiple sources are being reviewed to determine comparable post-school experiences between students with disabilities and their peers without disabilities. A review of existing data sources and development of formulas to determine comparability and validity of post-school experiences and a gap analysis of data sets are being undertaken. This information will assist in the development of the secondary transition section of the state performance plan by December 2005. As a result of these data, the intermediate school districts involved in the MI-TOPs project are engaged in improvement planning and implementation to ensure that systems of transition services are in place for students with IEPs in Michigan.

OSE/EIS Offers Four Key Principles to Support Students in Achieving Post-School Outcomes

The OSE/EIS places great emphasis on improving the evaluation and the improvement of practices geared toward meeting post-school outcomes for students with disabilities.The following are valuable principles that focus on outcome-based decision making and can lead to successful post-school outcomes. These are also principles for monitoring and improvement under the OSE/EIS Continous Improvement and Monitoring System (CIMS).

1. Effective systems prepare students for post-school outcomes such as advanced education, job training, or employment.
   
   Routine evaluation of the outcomes of post-school students is conducted and analyzed to support evidence-based decisions regarding transition practices.
   
   As evidenced by any or all of the following...
   
   1. Documentation of agency follow-through (connecting activities).
   2. Employment outcomes.
   3. Community involvement outcomes.
   4. Completion of course of study.
   5. Realization of post-secondary operational vision.
   6. Use of student outcomes data for continuous program improvement.
      
      
2. Effective systems contain student-focused planning that ensures that students and all IEP Team participants are engaged in a process that results in individualized student programs focused on the student’s post-school vision.
   
   As evidenced by any or all of the following…
   
   1. Effective preparation and planning that identifies the student’s post-school vision, with consideration of assessment data, education development plan portfolio, as well as career preparation experience.
      
      The district has a system that provides information and activities that prepare students and parents to be meaningfully engaged in transition planning.
      
      
   2. Demonstration of meaningful parent and student involvement in planning for transition services.
      
      Parents and students are fully engaged in planning and preparation of their student’s post-school vision and they believe that the transition plan will be effective in preparing the student for post-school life.
      
      A supportive collaborative team that identifies student supports encouages stakeholder participation and commitment by creating situations that accommodate the individual needs of participants.
      
      
   3. IEPs are constructed to reflect student interests and needs through the Present Level of Academic Achievement and Functional Performance (PLAAFP), corresponding goals, and presented as a coordinated set of activities.
      
      The transition services in the IEP represent a coordinated set of activities related to the student’s post-school vision, preferences, and interests.
      
      
   4. Involvement with peers without disabilities and allowing exploration with post-school alternatives.
      
      
   5. Opportunity for students with disabilities equal to the opportunities of their non-disabled peers, to participate in all general education programs.
   
   
   
3. Effective systems provide a preplanned course of study that provides diverse and flexible opportunities that are inclusive of academic preparation and/or functional skill development that results in the attainment of post-school goals.
   
   As evidenced by any or all of the following…
   
   1. Students’ have a transition plan that references students’ educational development plan (EDP), which contains a course of study aligned with student’s post-school vision.
      
      Course of study includes classes and curriculum specific to the student’s individualized goals and objectives.
      
      
   2. Students progress through a coordinated set of activities that are developed, monitored, and, if necessary, adjusted to lead to desired post-school outcomes.
      
      
   3. Educational activities, continuous across the grades, that lead to decisions about post-school visions.
      
      
   4. Evidence of community and family-oriented activities supporting students’ post-school goals.
   
   
   
4. Effective systems identify and establish community connections that build student, family, and staff capacity to access and utilize needed resources.
   
   As evidenced by any or all of the following…
   1. The school providing information to stakeholders about community agencies and resources.
   2. The district providing training for teachers, staff, parents, and students
      regarding agency services.
   3. Connections of school/community, work-based learning, advisory council, and interagency agreements.
   4. An organized method to identify and address student needs for resources and community availability of resources.

    

TOP of Page