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L everaging the IDEA for S uccessful T ransition P lanning Transition Planning Conference November 15, 2014 Law Offices of Mark B. Martin, P.A. www.markmartinlaw.com.

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Presentation on theme: "L everaging the IDEA for S uccessful T ransition P lanning Transition Planning Conference November 15, 2014 Law Offices of Mark B. Martin, P.A. www.markmartinlaw.com."— Presentation transcript:

1 L everaging the IDEA for S uccessful T ransition P lanning Transition Planning Conference November 15, 2014 Law Offices of Mark B. Martin, P.A. (410)

2 5 Basics about the IEP 1.Individualized, based on educational needs 2.Legally binding, written plan 3.Developed by the IEP team: parents and school 4.Identifies present levels of achievement and functional performance 5.Lists the special education, related services, and accommodations and modifications that the child needs 20 U.S.C. § 1414; COMAR 13A Law Offices of Mark B. Martin, P.A. (410)

3 "FAPE" Fape Free appropriate public education Special education and related services Transition Planning "Meaningful benefit" in the general education curriculum 20 U.S.C. § 1414(d)(1), § 1401(8)(D); COMAR 13A

4 After High School: What Changes? From an educational setting: Entitlement to a free appropriate education under IDEA... To a non-educational setting: Eligibility for adult services is determined on a priority basis, i.e., need.

5 Transition Planning Commences not later than the first IEP in effect when child turns sixteen (16); fourteen (14), or younger, in Maryland 20 U.S.C. § 1414(d)(1)(A)(i); COMAR 13A (A)(3)(a) Law Offices of Mark B. Martin, P.A. (410)

6 Post-Secondary Outcomes 1. What are the needed skills to function as independently as possible as an adult? 2. Consider the activities of daily living, post-secondary education and job readiness Training Education Employment Independent living skills 3. Consider the student's preferences and interests 34 C.F.R. § ; § (b)(2) L aw Offices of Mark B. Martin, P.A. (410)

7 Transition Services A coordinated set of activities... within a results-oriented process that is focused on improving the academic and functional achievement... to facilitate the student's movement from school to post-school activities, including - Post-secondary education Career and technology education Integrated employment, including supported employment Continuing and adult education Adult Services Independent living, or Community participation. COMAR 13A (80)(a); 20 U.S.C. § 1401(34); § 34 C.F.R (a) Law Offices of Mark B. Martin, P.A. (410)

8 How to Get There Age- Appropriate Transition Assessments Agency Connections Measurable Post-Secondary Goals

9 Develop a Robust IEP What amount of transition planning is required in an IEP to ensure a FAPE? : Back mapping: Who, what and where Build a usable model Bring your job to school Integrated approach for services and providers Law Offices of Mark B. Martin, P.A. (410)

10 Transition Services Activities based on the student's needs, taking into account... strengths, preferences, and interests. COMAR 13A (80)(b)

11 What can we get? What can we get? Admission to a vocational program Real-time work experience and skills Internship Work study Job search Interview Portfolio Travel training Job coach on site Law Offices of Mark B. Martin, P.A. (410)

12 Supplementary Aides and Services: Accommodations/Modifications Supplementary Aides and Services: Accommodations/Modifications What does the child need to navigate Structured vs less-structured environments Self-advocacy Task completion E.g., Assistive technology devices and services Social skills Recreation and daily living Employer and co-worker relationships Law Offices of Mark B. Martin, P.A. (410)

13 Using the IEP Form

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15 TRANSITION (To be completed annually, beginning at age 14 or younger, if determined appropriate.) STUDENT PREFERENCES AND INTERESTS: The postsecondary goal(s) are to be based on the student's interests, preferences and age appropriate transition assessment(s). Date of Annual Student Interview: Discussion of student's interests, preferences and age appropriate transition assessment(s): POSTSECONDARY GOALS (Outcomes): Postsecondary goal(s) are to be recorded here.At least one goal must be indicated for training and/or education. Employment (required): Training: Education: Independent Living (if appropriate): COURSE OF STUDY: The course of study is to support the stated postsecondary goal(s) Student is enrolled in the following Functional and Skill Development Activities: Discussion to support decision: PROJECTED CATEGORY OF EXIT: The student is projected to exit with: PROJECTED DATE OF EXIT: Have the student and parents been informed that rights under IDEA do not transfer to students with disabilities on reaching age of majority, except under limited circumstances. as described in Education Article § , Annotated Code of Maryland? Law Offices of Mark B. Martin, P.A. (410)

16 TRANSITION ACTIVITIES TRANSITION SERVICES/ACTIVITIES Transition services are a coordinated set of activities for a student with a disability that is designed within a results oriented process that will facilitate the student's movement from school to postsecondary activities. Annual date student and parent were provided a copy of the Transition Planning Guide: AGENCY LINKAGE *The student has been referred to: *Agency Representatives were invited to the IEP Team Meeting: Anticipated Services for Transition: Division of Rehabilitation Services (DORS) Developmental Disabilities Administration (DDA) Mental Hygiene Administration (MHA) *If no or N/A, document basis for decision: Discussion to support decision: Name: Law Offices of Mark B. Martin, P.A. (410)

17 Denial of FAPE Denial of FAPE “Loss of educational opportunity” Failure to - Perform the necessary age-appropriate assessments to determine the student’s postsecondary goals and interests Target transition services to achieve those goals Invite transition service providers to team meetings Consider the student's preferences and interests Law Offices of Mark B. Martin, P.A. (410)

18 Graduation Checklist Graduation Checklist 1. Updated assessments before HS graduation  Team of experts  Vocational assessments 2. Development of an appropriate exit document 3. Agency connections  DORS  DDA  DHMH  SSA (SSI) Law Offices of Mark B. Martin, P.A. (410)

19 MSDE Transition Planning Guide onlyres/5F4F EE-4F3A-B495- 5E4B3C850D3E/23109/TransitionPlanningG uide_updatedJan2010.pdf Law Offices of Mark B. Martin, P.A. (410)

20 In Summary Transition: Begin early Transition: Begin early IEP is individualized IEP is individualized FAPE: IEP and Transition FAPE: IEP and Transition Low expectations do not apply Low expectations do not apply Law Offices of Mark B. Martin, P.A. (410)


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