We have evolved from an agrarian society where one's career expectations were clearly defined by the family. From the agrarian era society moved into the industrial age, an era that began the blending of roles as both parents worked outside of the home. Families became more mobile and were not bound to the family trade. Families moved where the jobs existed. With mobility, came the loss of clearly defined career expectations for young people.
People with disabilities were often seen as nonproductive members of society. They were not educated through the public school system or expected to work. Families were the caretakers and often did not anticipate that their adult family member with disabilities could function independently outside of the home. As time passed, attitudes towards the disabled changed.
The Civil Rights Movement of the 1960's opened doors for all people. From that decade, we begin to see laws that focused on the rights for all people, including people with disabilities.
In 1975, the United States Congress enacted P.L. 94-142, the Education of All Handicapped Children Act. This law transformed education systems so that they were obligated to provide a free and appropriate education program to all children with disabilities. It established Special Education and services, and focused on
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access |
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equal opportunity |
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equity |
P.L. 94-142 was amended and renamed the Individuals with Disabilities Education Act (IDEA) P.L. 101-476) in 1990. The amended law strengthened the educational rights of disabled children and their parents and for the first time addressed Transition services. The intent of the Transition services requirements was to improve the quality of life of young adolescents with disabilities.
Transition language was written into IDEA and required IEP teams to consider development of employment and other adult living objectives, instruction, and community experiences for students 16 years and older.
Americans with Disabilities Act
In 1990, at the same time IDEA was enacted, another federal law was passed that would ultimately have an effect on all persons with disabilities. P.L. 101-376 became known as the Americans with Disabilities Act (ADA). This law guarantees equal access for all Americans with disabilities.
As a result of the National Longitudinal Transition Study, Congress was faced with the reality that adolescents with disabilities were not adequately prepared for adulthood.
In 1997, a new amendment to IDEA was enacted. This became known as the 1997 Reauthorization of IDEA or IDEA '97 (P.L. 105-17). This federal law established the basis from which all school districts presently operate.
This new amendment focused on access to the general curriculum and the expectation of preparing adolescents for adulthood.
Reauthorization of IDEA expanded the definition of Transition services for students 16 years and older to include the following:
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related services |
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instruction |
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community experiences |
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development of employment and other post- school adult living objectives |
In addition, the regulations require school districts to consider and document when appropriate, the need for acquisition of daily living skills and functional vocational evaluations. The reauthorization also required Transition services language to be written in the IEP for students beginning at age 14. The focus at that age was the student's course of study, an academic or alternative curriculum.
Beginning at age 16 or younger, if determined by the IEP team, a statement of interagency involvement was required. Another new tenet of the law was the “Age of Majority” mandate. This mandate requires school districts to officially notice the student and his family of the student's educational rights as an adult, a year prior to the student's 18th birthday. Typically, districts notice both student and family at the student's IEP meeting.
Individuals with Disabilities Education Improvement Act 2004 (IDEIA '04 aka IDEA '04) continues to require Transition services language be written in each student's IEP. The goal of IDEA '04 is to improve post-secondary outcomes for students with disabilities.
Transition services, under IDEA '04 reinforces student-centered planning by focusing on the student's "...strengths, preferences, and interests..." when planning for the student's future. As in the 1997 reauthorization of IDEA, Transition services language continues to be addressed in the following areas:
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instruction, |
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related services, |
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community experiences, |
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development of employment and other post-school adult living objectives, and |
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daily living skills and functional vocational evaluation when appropriate. |
In addition, IDEA '04 restates the mandate that a student with an IEP and his/her family must be notified that the student's educational rights are transferred to the student one year before the student reaches age 18 (age of majority) in California.
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Transition service language must be included in a student's IEP not later than his/her 16th birthday [Section 614(d)(1)(A)(VIII)]. |
Although Transition service language does not have to be included in the student's IEP until age 16, best practices suggest discussion and, inclusion of Transition language in the IEP earlier than age 16.
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Transition service language now must be written in the IEP using "measurable post-secondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate independent living skills" |
| "...the transition services (including course of study) needed to assist the child in reaching those goals." [Section 615(d)(1)(A)(i)(VIII)(bb)] |
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This means, "IDEA '04 does not require that transition services language in the IEP repeat what was already addressed in another section of the IEP" California Department of Education (2007). Transition to Adult Living: an information and resource guide. Rohnert Park: CalSTAT, p. 7 .
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"...The evaluation described in subparagraph (A) shall not be required before the termination of a child's eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education under State law." [Section 614(c)(5)(B)(i)] |
In general, a new evaluation is not required when a student's eligibility ends due to graduation with a diploma or the student reaches the age of 22.
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However, under IDEA '04, when a student is exiting school as a result of graduation with a diploma or the student reaches the age of 22 (also know as aging out) the school is required to provide the student with a Summary of Performance. This Summary of Performance is designed to |
| "...provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's post-secondary goals." [Section 614(c)(5)(B)(ii)] |
Expectations for our youth have evolved over the years to meet the needs of society. In 1975, P.L. 94-142 (Education of All Handicapped Children Act) became law to protect the rights of all handicapped children to a free and appropriate education. The 1990 Individuals with Disabilities Education Act (IDEA) introduced and addressed the issue of Transition services for students. At the same time, a new federal law emerged, called American Disabilities Act (ADA), which protected the rights of all disabled people.
The reauthorization of IDEA in 1997 expanded the definition of Transition services, as an "outcome oriented process, that is student driven (interest and preferences) with a coordinated set of activities". The law required the inclusion of Transition services language in the student's IEP no later than the age of fourteen.
IDEA '04, all so known as IDEIA '04, maintained many of the components of the 1997 law. What changed is the new age requirement for the inclusion of Transition services language in the IRP. The law now mandates inclusion of Transition no later than the student's 16th birthday. The law also requires that Transition services language be written in appropriate measurable post-secondary goals based on age-appropriate transition assessment. It is no longer necessary to have a new evaluation when a student will end eligibility for special education due to graduation with a diploma or aging out of the program. However, districts are required to provide students who are exiting the program due to graduation with a diploma or those aging out of the program with a Summary of Performance.
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to Unit III ...
Table of Contents-
Overview-
What Does Transition Mean?-
What Do I Need to Know?-
What Does my Child Need to Know?-
Putting it All Together-
Common Terms, Resources & Websites-
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