1. TRANSITION from School to Work to Independence Presented by: Attorney Janine A. Solomon © Massachusetts Advocates for Children www.massadvocates.org June 2016

2. IDEA 2004: the Purpose 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. 20 USC §1400(d)(1)(A) Massachusetts Advocates for Children 2016

3. TRANSITION – WHAT is it? PREPARATION for LIFE!  School to community  Exploration of:  post-secondary  vocational  employment opportunities  housing  transportation  Each student’s BIG vision  Self advocacy & self determination  Skill based learning Massachusetts Advocates for Children 2016

4. WHY is Transition Important?  TRANSITION prepares young adults with disabilities to move from school to post school activities.  TRANSITION increases your student’s ability to achieve successful outcomes in adult life. Massachusetts Advocates for Children 2016

5. WHO is Eligible? Any student receiving special education services  Any disability classification  Age 14 to 22 or  Until they graduate with a state standard diploma  Students on 504 plans are NOT eligible to receive Transition Services Massachusetts Advocates for Children 2016

6.  Request Transition Planning Meeting using the Transition Planning Form (TPF)  Request necessary Transition Assessments in writing  Include the student, parent, teachers and others important to student  Invite an adult service agency to attend (at the appropriate time)  Consider any available transition assessment data  Guided by the TPF discussion, incorporate Transition Goals into the IEP Getting Started … Massachusetts Advocates for Children 2016

7. Transition Planning Form TPF  MA DESE mandated form (Sept. 06)  Guide transition discussion  Parent, student, community, school  In student file (not attached to IEP)  Revisit the TPF every year After the TPF discussion, go directly to the IEP to develop Transition goals and determine appropriate Transition services Massachusetts Advocates for Children 2016

8. TPF - 3 Steps Transition Planning Form Includes: 1.Post-Secondary Vision considering the student’s preferences, interests and the desired outcomes for education/ training, employment and adult living 2.Disability Related Skill Needs will be defined by skill development addressed in the IEP goals 3.A call to Action of HOW students can develop self- determination skills to be prepared both academically and functionally to meet their vision for the future and WHO will support them (only Transition goals documented in the IEP are guaranteed) Massachusetts Advocates for Children 2016

9. Assessments are Key  Appropriate assessments drive the special education process  Transition assessments drive the transition process and transition goals in the IEP Massachusetts Advocates for Children 2016

10. Transition Assessments  FORMAL and INFORMAL  An ongoing process  Individual’s needs, preferences, and interests  Related current and future educational, working, living, personal and social environments  Assessment data serve as the common thread in the transition process  Forms the basis for defining goals and services to be included in the Individualized Education Program (IEP) Massachusetts Advocates for Children 2016

11. Transition Service Options  Education, including post secondary education  Employment opportunities  Community Involvement  Self Advocacy training  Related services - SPL, PT, OT, transportation, etc.  Vocational training  Job Coaching  Independent Living Skills  Recreation training Massachusetts Advocates for Children 2016

12. The Law TRANSITION SERVICES (Authority: 20 U.S.C. § 1401(34); 34 C.F.R. § 300.43) (a) The term “transition services” means a coordinated set of activities for a child with a disability that - (1) Is designed within a results - oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate 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; Massachusetts Advocates for Children 2016

13. The Law…continued (2) is based upon 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 a functional vocational evaluation. (b) Transition services for students with disabilities may be special education, if they are designed as specially designed instruction, or related services, if they are required to assist a student with a disability to benefit from special education. Massachusetts Advocates for Children 2016

14. The Law…continued (Authority: 20 U.S.C. § 1414(d)(1)(A)(i)(VIII); 34 C.F.R. § 300.320b) (b) Transition services: Beginning no later than the first IEP to be in effect when the child is 16, (in MA age 14) or younger if determined appropriate and updated annually thereafter, the IEP must include – 1)Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and 2)The transition services (including courses of study) needed to assist the child in reaching those goals. (c) beginning at least one year before the student reaches the age of 18... …. inform student of “age of majority” issues Massachusetts Advocates for Children 2016

15. Programs for Older Students 603 C.M.R. 28.06(4) obligates school districts to ensure that options are available for older students, particularly eligible students ages 18-21. Such options include continuing education, developing independent living skills, vocational skills, skills for community access, and medical self-management skills. Massachusetts Advocates for Children 2016

16. Age of Majority Age 18 (state law)  Decision making rights transfer to student  Education, health, other areas IEP Student “choice” options  Acting on own  Share decision making with parent  Delegate decision making to parent  Court appointed guardian Massachusetts Advocates for Children 2016

17. MCAS and PARCC Class of 2016 10 th grade students must pass MCAS with a score of 240 or above  240 or above >English Language Arts (ELA)  240 or above > Mathematics  at least 220 biology, chemistry, introductory physics, or technology/engineering. or  PARCC (spring 2015, 54 percent of districts will administer PARCC tests to students in grades 3-8; districts that administered PARCC in grades 3–8 in spring 2015 will do so again in 2016) http://www.doe.mass.edu/parcc/http://www.doe.mass.edu/parcc/  www.mass.edu/mcas/altwww.mass.edu/mcas/alt Massachusetts Advocates for Children 2016

18. Graduation  A change of placement  Parents and students must have prior written notice from school district  Team must discuss graduation when developing the transition plan  The Team determines whether student has met all requirements be eligible to graduate. Massachusetts Advocates for Children 2016

19. Graduation – End of Eligibility A student must meet state & local requirements to graduate (exit special education) 3 criteria for graduation with a state standard diploma 1.Pass all local district requirements 2.Pass MCAS with a score of 240 or higher 3.Receive Transition services OR  Turn 22 years of age Massachusetts Advocates for Children 2016

20. Social Graduation Legislation When students with disabilities do not pass MCAS they do not receive a state standard diploma, but… They can still participate in graduation ceremonies with peers They can receive a ‘certificate’ of attainment or achievement. They can continue eligibility for Special Education including Transition Services. Massachusetts Advocates for Children 2016

21. Challenging Graduation Massachusetts Advocates for Children 2016 Students may challenge if school district has not developed Transition Goals May challenge for transition and/or general FAPE denial “Stay put” applies until dispute is resolved

22. Chapter 688 Massachusetts “Turning 22 law”  Two year planning process  School makes the referral to adult agency  Agency develops an Individualized Transition Plan (ITP) 688 is NOT:  Continuation of Special Education  Eligibility Determination for adult services  Entitlement to adult services www.doe.mass.edu/sped/688/brochure.pdf Massachusetts Advocates for Children 2016

23. MA Adult Service Agencies  Massachusetts Rehabilitation Commission - MRC  Department of Developmental Services - DDS  Department of Mental Health - DMH  Massachusetts Commission for the Blind – MCB  Massachusetts Commission for the Deaf and Hard of Hearing - MCDHH  Department of Youth Services - DYS  Department of Children and Families – DCF Massachusetts Advocates for Children 2016

24. DESE Post-Secondary Guidance Technical Assistance Advisory SPED: 2013-1:  Post Secondary Goals and Annual IEP Goals in the Transition Planning Process, http://www.doe.mass.edu/sped/advisories/13_1ta.htmlhttp://www.doe.mass.edu/sped/advisories/13_1ta.html Technical Assistance Advisory SPED: 2014-4:  Transition Assessment in the Secondary Transition Planning Process, http://www.doe.mass.edu/sped/advisories/2014-4ta.html http://www.doe.mass.edu/sped/advisories/2014-4ta.html Technical Assistance Advisory SPED: 2016-2:  Promoting Student Self-Determination to Improve Student Outcomes, http://www.doe.mass.edu/sped/advisories/2016-2ta.pdf http://www.doe.mass.edu/sped/advisories/2016-2ta.pdf Massachusetts Advocates for Children 2016

25. Summary of Performance - the final word It’s purpose is to provide students with a summary of their academic achievement and functional performance to help them transition to post-secondary life. 20 U.S.C. § 1414( c ) (5)(B)(ii); 34 CFR § 300.305(e)(3) Massachusetts Advocates for Children 2016