Transition, Transfer of Rights, & Supportive Decision Making

What's Required

Transition services means a coordinated set of activities for a student with a disability that-- 
  • Is designed within an 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;
  • Is based on the individual child’s needs, taking into account the child’s strengths, preferences and interests; and includes-- Instruction; Related 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.
Transition services for students 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. S.B. No. 1788 (Passed Spring 2011) Sec.29.0111mandates that appropriate state transition planning under the procedure adopted under Section 29.011 must begin for a student not later than when the student reaches 14 years of age. 

Transition services. Beginning not later than the first IEP to be in effect when the child turns 14, or younger if determined appropriate by the IEP Team, and updated annually, thereafter the IEP must include— 
  • Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
  • The transition services (including courses of study) needed to assist the child in reaching those goals.

Transfer of rights at age of majority. Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child’s rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under 34 CFR 300.320.

IEP Team, Transition services participants. The public agency must invite a child with a disability to attend the child’sIEP team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under 34 CFR 300.320(b). If the child does not attend the IEP team meeting, the public agency must take other steps to ensure that the child’s preferences and interests are considered.To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, in implementing the requirements of paragraph (b)(1) of this section, the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. 

Public agency responsibility--general. Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP meeting or are afforded the opportunity to participate. 

Failure to meet transition objectives. If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with 34 CFR 300.324(c)(1) the public agency must reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP. 

Additional Requirements under State Law: The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must specify the manner in which a student's admission, review, and dismissal committee must consider, and if appropriate, address the following issues in the student's individualized education program: 
  1. appropriate student involvement in the student's transition to life outside the public school system;
  2. if the student is younger than 18 years of age, appropriate parental involvement in the student's transition;
  3. if the student is at least 18 years of age, appropriate parental involvement in the student's transition, if the parent is invited to participate by the student or the school district in which the student is enrolled;
  4. any postsecondary education options;
  5. a functional vocational evaluation;
  6. employment goals and objectives;
  7. if the student is at least 18 years of age, the availability of age-appropriate instructional environments;
  8. independent living goals and objectives; and
  9. appropriate circumstances for referring a student or the student's parents to a governmental agency for services.


Transition State & Federal Requirements Overview

The legal requirements and procedures for transition in Texas are aligned with the federal law, IDEA 2004.  There are nine additional considerations outlined in Texas law regarding transition planning. The following table provides a side-by-side view of the federal and state requirements.

IDEA 2004 Federal Requirement

Texas Commissioner’s Rules

Texas Education Code

§ 300.43 Transition services.

 (a) Transition services means a coordinated set of activities for a child with a disability that—

(1) 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;

(2) Is based on the individual child’s needs, taking into

account the child’s strengths, preferences, and

interests; and 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

provision of a functional vocational evaluation.

 (b) 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.

 (Authority: 20 U.S.C. 1401(34))

§ 89.1055  Content of the Individualized Education Program

(IEP). [Excerpt]

 (g) For each student with a disability, beginning at age 16 (prior to the date on which a student turns 16 years of age) or

younger, if determined appropriate by the ARD committee, the following issues must be considered in the development

of the IEP, and, if appropriate, integrated into the IEP:

(1) appropriate student involvement in the student's transition to life outside the public school system;

(2) if the student is younger than 18 years of age, appropriate parental involvement in the student's transition;

(3) if the student is at least 18 years of age, appropriate parental involvement in the student's transition, if the parent is invited to participate by the student or the

school district in which the student is enrolled;

(4) any postsecondary education options;

(5) a functional vocational evaluation;

(6) employment goals and objectives;

(7) if the student is at least 18 years of age, the availability of age-appropriate instructional environments;

(8) independent living goals and objectives; and

(9) appropriate circumstances for referring a student or the student's parents to a governmental agency for services.

§ 29.0111  BEGINNING OF TRANSITION PLANNING.  

Appropriate state transition planning under the procedure adopted under Section 29.011 must begin for a student not later than when the student reaches 14 years of age.

Last Amended: 82nd Leg., R.S., ch. 1250, Sec. 3, eff. June 17, 2011
Entered: July 22, 2011

 

§ 29.011  Transition Planning.

The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must specify the manner in which a student's admission, review, and dismissal committee must consider, and if appropriate, address the following issues in the student's individualized education program:

(1) appropriate student involvement in the student's transition to life outside the public school system;

(2) if the student is younger than 18 years of age, appropriate parental involvement in the student's transition;

(3) if the student is at least 18 years of age, appropriate parental involvement in the student's transition, if the

 parent is invited to participate by the student or the school district in which the student is enrolled;

(4) any postsecondary education options;

(5) a functional vocational evaluation;

(6) employment goals and objectives;

(7) if the student is at least 18 years of age, the availability of age-appropriate instructional environments;

(8) independent living goals and objectives; and

(9) appropriate circumstances for referring a student or the student's parents to a governmental agency for services.

Adapted from: The Texas Education Agency, Division of IDEA Coordination, Special Education Rules and Regulations, Side-By-Side; March 2012. http://framework.esc18.net/documents/side-by-side%20mar%202012.pdf

 

What We Do


Transition is the process of identifying a student appropriate measurable post secondary goal(s). Post secondary goals must include training/education, employment and when appropriate independent living. Transition must be in place beginning no later than the first IEP to be in effect when a student turns 14. In Spring ISD, beginning in the 2018-2019 school year, initial transition planning will occur for all students during their 6th grade school year.  If Transition is being discussed at the IEP/ARD meeting, by law, the student must be invited to the meeting.  

Each high school and middle school campus has an assigned Transition Specialist/Vocational Adjustment Coordinator responsible for transition plan development. The Transition specialist/VAC also connects parents/guardians and adult students with appropriate agencies such as the Workforce Solutions Rehabilitation Services (VRS) and the Harris Center for Mental Health and IDD.

Discussion of the following items should occur in the IEP meeting:
  1. Student post-secondary outcome.
  2. What does student need to do in order to achieve goal?
  3. What has student already achieved toward goal development?
  4. What are student academic needs in order to accomplish goal?
  5. What are the STAAR requirements related to the post secondary goal?

Procedure for Transition ARDs

Beginning the 2018-2019 school year, in Spring ISD, initial transition planning will occur for all students during their 6th grade school year. Additionally, for all students transition must be in place beginning no later than the first IEP to be in effect when a student turns 14. If the student is 13 and will turn 14 prior to August 1 of the next school year, transition must be addressed during the student’s annual ARD.  If transition is not addressed and documented in the IEP document, the IEP does not meet state and federal compliance.

  1. The Transition Specialists will pull the lists of students receiving special education services at the start of the school for secondary campuses.  The secondary campus IEP Clerks will notify the assigned Transition Specialist monthly when transfers occur. 
  2.  Transition Specialists are required to conduct student and parent interviews yearly, prior to the annual ARD for any student of transition age and document the interview in eSped. 
  3. The case manager will provide the transition specialist with copies of the Student Interview and Teacher Input Forms.
  4. Prior to the annual IEP/ARD meeting, the case manager should collaborate with the Transition Specialist to make sure transition goals comply with federal and state guidelines.
  5. If transition is being discussed at the IEP/ARD meeting, the law requires that the student must be invited to the ARD meeting and the students should be encouraged to participate through the entirety of the meeting.
  6. The Transition Specialists provide students with a script that allows them to be active participants in the IEP/ARD meeting.  The student should be given an opportunity to speak using the script during the meeting.
  7. The student’s participation in the IEP/ARD meeting must be documented on the signature page and in the deliberations. 
  8.  If the campus wants the Transition Specialist to attend an IEP/ARD meeting, such as a need for agency support or concerns regarding transition, the Transition Specialist must receive advanced notice via email or calendar invite (7 days prior to the meeting date).
  9. If the parent requests a representative from VRS, the Harris Center or another agency to attend the IEP/ARD meeting, the campus should collaborate with the Transition Specialist prior to scheduling the meeting. The Transition Specialist will contact the agency and invite them to the IEP/ARD meeting.

6th Grade Transition Planning Process


Beginning the 2018-2019 school year, in Spring ISD, initial transition planning will occur for all students during their 6th grade school year.

1.  The campus will provide the assigned transition specialist with a list of all 6th grade students receiving special education services.

2.  Prior to the annual ARD, the case manager will conduct a Student Transition Interview with the student.

3.  The case manager and another teacher of record will complete the Teacher Input Form.

4.  The case manager will provide the transition specialist with copies of the student interview and teacher input forms.

5.  The Transition Specialist will contact the parent and conduct the Parent Interview and explain transition services.

6.  The Transition Specialist will document the student’s information on the deliberations page.  A transition supplement will not be completed until the student reaches transition age. The transition specialist will collaborate with the campus to ensure copies of the interviews are scanned into ESped.


Student Input Documentation Process

  1. The Transition Specialist meets with the student and completed student interview form and career interest inventory (Naviance or Unique for CASE)
  2. The Transition Specialists reviews the results and pull relevant career information to complete the transition supplement and provide resources to the student/parent.
  3. The Transition Specialist updates the Transition Supplement to include student input and collaborates with Case Manager regarding student goal and career pathway.

Parent Input Documentation Process

  1. If the student is younger than 18 or another adult has guardianship, the Transition Specialist speak with parent/guardian and complete parent interview form
  2. The Transition Specialists reviews the student's career interest results, shares relevant career resources, and provided agency information.
  3. The Transition Specialist asks the parent if they would like agency participation in the IEP/ARD Meeting.
    • If the parent declines ensure that the case manager documents that in the deliberations. 
    • If the parents agrees, the Transition Specialist invites the agency and informs the Case Manager of the agencies participation. 
  4. The Transition Specialist updates the Transition Supplement to include the parent input and collaborates with the Case Manager.

Transfer of Rights Notification Timeline and Process

  1. For all students when they turn 16, the Transition Specialist will explain the transfer of rights during the student interview. The Transition Specialist will also notify the parent regarding the transfer of right during the parent interview. Both notifications are to be documented in the student's IEP.
  2. When the student turns 17, The Transition Specialist will explain the transfer of rights during the student interview and have the student sign the eSped form. The Transition Specialist will also notify the parent regarding the transfer of right during the parent interview. Both notifications are to be documented in the student's IEP.

Expectations for Transition Specialists


  1. The Transition Specialist is expected to follow district procedures for signing in and out while on assigned campus and when visiting other campuses.
  2. The Transition Specialists will maintain a sign in sheet to record meetings and/or visits with students, parents and/or agency representatives.  When a student visits the Transition Specialist, they are expected to sign in.
  3. Upon meeting with students, the Transition Specialist provided students with a script to be recited at the IEP/ARD meeting.  The Transition Specialist rehearses the script with the student in preparation for the meeting.
  4. The Transition Specialist will document all interactions or services provided to students using the Transition Services Monthly Log.
  5. After each annual ARD of students who meet the age criteria for SPP Indicator 13, (students with disabilities who are at least 16 years of age between July 1 and June 30, and students up through age 21) the Transition Specialist will audit the student’s folder/ IEP in eSped to ensure that the annual ARD meets the state requirements.  The Transition Specialist will complete the SPP Indicator 13 Data Collection Checklist and keep the documents in a file on their campus.
  6. If a Transition Specialist attends an IEP/ARD meeting, his/her name and signature must be reflected on the signature page of the IEP.
  7. Transition Specialists are expected to maintain an electronic calendar.  Attendance to IEP/ARD meetings, appointments in the community, department meetings, professional development, etc. must be documented on the calendar.  Each Transition Specialists must share their calendar with the Transition/ 18+ Program Coordinator.
  8. At the end of the month the Transition Specialists will submit the Transition Specialist will submit the Transition Services Monthly Log and SPP Indicator 13 Data Collection sheets to the Transition Coordinator.

Forms
  • Transition Script
  • Transition Website Strips ( to be handed out at ARD/IEP Meeting to Parent)