Date post: | 23-Dec-2015 |
Category: |
Documents |
Upload: | tamsin-hancock |
View: | 215 times |
Download: | 1 times |
IDEA & Transition
Copyright 2010 Drummond Woodsum. All rights expressly reserved.
Preparing Students for Postsecondary Life
To ensure that schools provide children with disabilities a free appropriate public education designed to “prepare them for further education, employment, and independent living.”
20 U.S.C. § 1400(d)(1)(A)
Drummond Woodsum 2
Transition - Congressional Purpose
Drummond Woodsum 3
Basic IDEA Requirements
Focus: to improve “academic and functional achievement to facilitate” movement to post-school activities
20 U.S.C. § 1401(34)◦ The federal law does not define “functional
achievement” Nor does New Hampshire law
Drummond Woodsum 4
Major Changes in IDEA ‘04
Does the IEP include services/accommodations to address functional skills?
Drummond Woodsum 5
Tip
Goals Transition service needs and transition
services◦ To assist student in reaching postsecondary goals
20 U.S.C. § 1414(d)(1)(A)(VIII);34 C.F.R. § 300.320(b); Ed 1109.01(a)(10)
◦ In New Hampshire, an IEP must include a vocational education component if vocational education is provided Ed 1109.01(a)(10)
Drummond Woodsum 6
IEP Provisions – What?
Transition service needs are courses of study
Ed 1109.01(a)(10) Transition services are the non-course
requirements 34 C.F.R. § 300.320(b); Ed 1109.01(a)(10)
Drummond Woodsum 7
Confusing terms
Transition service needs:◦ Under New Hampshire law, must be addressed in
the IEP which is in effect when the student turns 14 years of age, and updated annually Or earlier if the IEP team determines appropriate
20 U.S.C. § 1414(d)(1)(A)(VIII); 34 C.F.R. § 300.320(b); Ed 1109.01(a)(10)
Transition services:◦ This requirement must be in a student’s IEP which is
in effect when the student turns 16 years of age (and annually thereafter) Or earlier if the IEP team determines appropriate
34 C.F.R. § 300.320(b); Ed 1109.01(a)(10)
Drummond Woodsum 8
Transition Services & Needs – When?
I think we are talking about ages 13 and 15, generally, for onset of transition obligations
Drummond Woodsum 9
Time – The Bottom Line
Goals must be based on age appropriate transition assessments related to:
Training Education Employment, and If appropriate, independent living skills and provision of
functional vocational evaluation where appropriate 20 U.S.C. § 1414(d)(1)(A)(i)(VIII)(aa); 34 C.F.R. §
300.320(b)◦ The federal law does not define “assessment”
New Hampshire law does not either
Drummond Woodsum 10
Transition Assessments
The goals, assessments and transition services requirements apply even when the student’s skill levels related to training, education and employment are age appropriate
Questions and Answers on Individualized Education Program (IEPs), Evaluations and Reevaluations (OSEP 2007)
◦ Again, addressing independent skills is only necessary when deemed appropriate
Drummond Woodsum 11
Federal Guidance
Query whether most evaluations that schools conduct address transition service needs at some level?
Tip◦ If true, identify as such
Drummond Woodsum 12
You Be the Judge
Must be appropriate and measurable Unlike any other IEP goal, these are not
expected to be achieved within the year◦ They are not annual goals
Drummond Woodsum 13
Goals
Measurable “postsecondary” goals
Drummond Woodsum 14
Tricky Concept
A student’s interests and preferences do not necessarily dictate the “appropriate” goal
Drummond Woodsum 15
Common Error
Transition services must be monitored by local school district personnel on at least a weekly basis◦ Ed 1109.03(j)
Drummond Woodsum 16
Unique N.H. Requirement
Drummond Woodsum 17
Defining Transition Services
(a) 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
Drummond Woodsum 18
Transition Services - Defined
Post-secondary education Vocational education Integrated employment
◦ Supported employment Continuing and adult education Adult services Independent living or community
participation 20 U.S.C. § 1401(34); 34 C.F.R. § 300.43(a)(1); Ed
1102.05(m)
Drummond Woodsum 19
What Are Post-School Activities?
(2) Is based on the individual child’s needs, taking into account the child’s strengths, preferences and interests; and includes
Drummond Woodsum 20
(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.
Drummond Woodsum 21
(b) 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.
34 C.F.R. § 300.43(b)
Drummond Woodsum 22
There is no “transition plan” requirement Lessard v. Wilton-Lyndeborough Coop. Sch. Dist. (1st
Cir. 2008)◦ But New Hampshire Department of Education
forms contain such a plan
Drummond Woodsum 23
Observe What Is Not There
At least one year before turning the age of majority (generally age 18 or if emancipated minor), school district must advise student of what rights will transfer and include statement in IEP
34 C.F.R. § 300.320(c); Ed 1102.01(f), 1120.01
Drummond Woodsum 24
Transfer of Rights
Parent of minor Adult student Court appointed guardian, if student is
deemed incompetent Parent/adult student may authorize power
of attorney 34 C.F.R. § 300.520(b); Ed 1120.01©
Drummond Woodsum 25
Whose Consent?
The public agency must invite the student – if the meeting is intended to address the student’s postsecondary goals and transition services◦ If the student does not attend, then the public
agency must take other measures to solicit student’s interests and preferences
◦ In N.H., that would appear to include younger students when addressing transition service needs (i.e., coursework)
Other participating agency representatives 34 C.F.R. § 300.321(b)
Drummond Woodsum 26
Team Members
Consent from the parent or adult student must be received prior to releasing personally identifiable information to participating agencies providing or paying for transition services
34 C.F.R. § 300.622(b)(2)◦ According to U.S. Department of Education,
before each IEP team meeting Letter to Gray (OSEP 2008)
Drummond Woodsum 27
Consent Requirement
If another agency fails to provide transition services as specified in the IEP, school district must convene IEP team meeting to develop alternative strategies to meet transition objectives
20 U.S.C. § 1414(d)(6); 34 C.F.R. § 300.324(c)
Drummond Woodsum 28
Failure To Meet Transition Objectives
Is often an important skill for a variety of disorders to aid in one’s transition to postsecondary life
34 C.F.R. § 300.39(b)(4)
Drummond Woodsum 29
Travel Training
Graduation with regular high school diploma
Exceeding age eligibility under State law
20 U.S.C. § 1414(c)(5)(B)(i)◦ School district is not responsible to evaluate
students for postsecondary needs Analysis of 34 C.F.R. § 300.305(e)(2)
Drummond Woodsum 30
No Re-evaluation - When
It is not a GED 34 C.F.R. § 300.102(a)(3)(iv)
Drummond Woodsum 31
What Is A Regular High School Diploma?
When eligibility ceases due to graduation or aging out – school district shall provide to the student a summary of the student’s “academic achievement and functional performance” including recommendations to assist student in meeting postsecondary goals
20 U.S.C. § 1414(c)(5)(B)(ii); 34 C.F.R. § 300.305(e)(3)
Drummond Woodsum 32
Summary of Performance
Student no longer requires special education based on an evaluation
Student ages out (in N.H., age 21) Student graduates with a regular education
diploma◦ The IDEA does not per se tie eligibility to the
student’s failure to achieve his/her IEP goals 20 U.S.C. § 1412(a)(1); 34 C.F.R. § 300.102
Drummond Woodsum 33
When Does IDEA Cease?
N.H. Department of Education rules require the issuance of a regular education diploma once the student has met all requirements
Ed 306.27(h), (j)
Drummond Woodsum 34
Graduation in N.H.
“The local school board of each high school shall award a regular high school diploma to all students, with and without disabilities, who have earned at least their local high school’s required units of credit for graduation, selected from the school’s program of studies or comparable classes and courses approved for regular credit by the applicable academic department or school program.”
Ed 306.27(j)
Drummond Woodsum 35
Graduation for Students on IEPs
Drummond Woodsum 36
Leading Judicial Opinions
Only U.S. Supreme Court and First Circuit decisions are binding in N.H.
The other decisions may be cited for persuasive authority
Drummond Woodsum 37
Caution
Courses of study:◦ Court upholds hearing officer decision allowing
school district to change focus of middle school’s academic instruction with heightened attention to independent living skills given student’s serious limitations and IDEA’s transition requirements
J.D.G. v. Colonial Sch. Dist. (D.Del. 2010)
Drummond Woodsum 38
Transition Service Needs
Even though the IEP of a 12th grade student diagnosed with a learning disability included provisions to address student’s desire to attend college, the fact that she was reading at a sixth grade level did not necessarily mean that the IEP was inappropriate◦ The IDEA does not impose on a school district an
obligation that the student meets here postsecondary goals – here to succeed in college
High v. Exeter Twnshp. Sch. Dist. (E.D.Penn. 2010)
Drummond Woodsum 39
College Bound & Transition
Transition services must be addressed in an IEP◦ But there is no “transition plan” requirement
Lessard v. Wilton-Lyndeborough Coop. Sch. Dist. (1st Cir. 2008)
Drummond Woodsum 40
IEP Components
Congress did not alter the Rowley standard requiring that the IEP be designed to enable the student to obtain some educational benefit and that standard applies to transition services
J.L. v. Mercer Island Sch. Dist. (9th Cir. 2010) Lessard v. Wilton-Lyndeborough Coop. Sch. Dist. (1st Cir. 2008) K.C. v. Mansfield Indep. Sch. Dist. (N.D. Texas 2009)
Drummond Woodsum 41
Level of Benefit
The fact that a student does not meet his/her transition goals does not necessarily mean that s/he has been denied a free appropriate public education
J.L. v. Mercer Island Sch. Dist. (9th Cir. 2010) Doe v. Marlborough Public Schs. (D.Mass. 2010)
Drummond Woodsum 42
No Obligation to Meet Goals
When measuring the overall appropriateness of an IEP, it would be error to focus on one component, such as transition services
Lessard v. Wilton-Lyndeborough Coop. Sch. Dist. (1st Cir. 2008)
Drummond Woodsum 43
IEP as a Whole
Generic transition plan which was not individualized, did not take into account student's strengths, preferences and interests, was deficient◦ But did not deny student FAPE◦ Plan included services to address generic goals of
graduation, college attendance and employment Virginia S. v. Department of Ed., State of Hawaii (D. Hawaii 2007) See also Marple Newtown Sch. Dist. v. Rafael N. (E.D.Penn. 2007);
Klein Indep. Sch. Dist. v. Hovem (S.D. Texas 2010)
Drummond Woodsum 44
Must be Individualized
Are key if the goals are to be appropriate◦ The assessments need not be conducted every
year but must be age appropriate IEP was seriously flawed because the
postsecondary goals were not based on age appropriate assessments
Dracut Sch. Comm. v. Bureau of Special Education Appeals (D.Mass. 2010)
Drummond Woodsum 45
Transition Assessments
Must be measurable and the IEP must include goals in each area:◦ Education◦ Training◦ Employment, and◦ Independent living, if appropriate
Dracut Sch. Comm. v. Bureau of Special Education Appeals (D.Mass. 2010)
Drummond Woodsum 46
Postsecondary Goals
Although court criticized IEP’s failure to adequately address student’s transition needs, the parents failed to demonstrate substantive harm to the student
Board of Ed. of Township High Sch. Dist. No. 211 v. Ross (7th Cir. 2007)
Drummond Woodsum 47
Procedural Flaws Insufficient
School district cannot be faulted for failing to address vocational and independent living when parents insisted that the student would be attending college
Marple Newtown Sch. Dist. v. Rafael N. (E.D.Pa. 2007)
Drummond Woodsum 48
Plan Addressed Parents’ Desires
Doomed IEP Dracut v. Bureau of Special Education Appeals
(D.Mass. 2010)
Drummond Woodsum 49
Lack of Community Experiences
Court upholds IEP transition plan that included interagency participation and addressed wide variety of needs for an adult student with developmental delays and mobility impairments
Pace v. Bogalusa City Sch. Bd. (5th Cir. 2003)
Drummond Woodsum 50
Plan Adequate – Team Adequate
Since the IDEA is limited to preschool, elementary and secondary schools, a school district may not use Part B IDEA funds for postsecondary education◦ But if a State considers enrollment in
postsecondary education a secondary education, Part B funds may be used but then only for special education Letter to Frank (OSEP 2008)
Drummond Woodsum 51
Use of Part B IDEA Funds
Once a student graduates with a regular education diploma, his/her IDEA eligibility, and right to transition services, ends, even if she is not 21
Yankton v. Schramm (8th Cir. 1996) Doe v. Marlborough Public Schs. (D.Mass. 2010)
Drummond Woodsum 52
Graduation
Even though graduation with a regular education diploma terminates IDEA eligibility, failure to provide transition services called for in the IEP may lead to award of compensatory education
Klein Indep. Sch. Dist. v. Hovem (S.D. Texas 2010) Dracut Sch. Comm. v. Bureau of Special Education
Appeals (D.Mass. 2010) Susquehanna Township Sch. Dist. v. Frances J. (Pa.
Commw. Ct. 2003)
Drummond Woodsum 53
Effect of Graduation
Court rules that although student met graduation requirements, he has the right to seek continuing IDEA eligibility if he can demonstrate that school district denied him a free appropriate public education◦ Here, student with learning disability failed to
demonstrate that IEP was not reasonably designed, even if he did not achieve all his IEP goals and objectives and he met state graduation requirements
Doe v. Marlborough Public Schs. (D.Mass. 2010)
Drummond Woodsum 54
Graduation & Denial of FAPE
Court overturns aspect of hearing officer decision extending student’s IDEA eligibility after ordering issuance of a regular education diploma◦ However, compensatory education services
following his graduation were proper Dracut Sch. Comm. v. Bureau of Special Education
Appeals (D.Mass. 2010)
Drummond Woodsum 55
Eligibility May Not Be Extended
Since graduation is a “change of placement”, if a parent/adult student challenges the student’s graduation, stay put would apply while parent/adult student appeals decision
Doe v. Marlborough Public Schs. (D.Mass. 2010) See also Dracut Sch. Comm. v. Bureau of Special
Education Appeals (D.Mass. 2010)
Drummond Woodsum 56
“Stay Put” & Graduation
Drummond Woodsum 58