February 2, 2018 John R. Johnson, Ph.D.

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February 2, 2018 John R. Johnson, Ph.D. Director of Research and Development Center for Disabilities 1400 W. 22nd St. Sioux Falls SD 57105 Phone: 619-778-4580 Fax: 605-357-1438 Email: john.r.johnson@usd.edu Webpage: www.usd.edu/cd

Legal Foundations Core Elements of Transition Planning

IDEA (Individuals with Disabilities in Education Act) (amended 2004) U.S. Department of Education Regulations Other applicable regulations

IDEIA defines Transition services as (IDEIA, Part A, Section 602, 34) a coordinated set of activities for a child with a disability that (A) 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

IDEIA defines Transition services as: (B) is based on the individual child s needs, taking into account the child s Strengths Preferences Interests

IDEIA defines Transition services as: Coordinated set of activities Results-oriented process Facilitate the child s movement from school to post-school activities Taking into account the student s strengths, preferences, and interests

Instruction Basic Skills (Reading, Writing, Arithmetic) Survival Skills (Behavior Control, Study Skills) Courses Required for Graduation Transition Needs (College Counseling, Vocational Instruction) Community Experiences (e.g., Volunteering, Other Courses/Training, Recreation) Employment and/or Other Post-School Activities Daily Living Skills (When Appropriate) (e.g., Driver s Ed, Cooking, Cleaning) Functional Vocational Evaluation (When Appropriate)

beginning not later than the first IEP to be in effect when the child is 16, and updated annually thereafter (aa) appropriate measurable postsecondary goals based upon age appropriate transition assessments related to Training Education Employment where appropriate, independent living skills

beginning not later than the first IEP to be in effect when the child is 16, and updated annually thereafter (cc) beginning not later than 1 year before the child reaches the age of majority under State law, a statement that the child has been informed of the child s rights under this title, if any, that will transfer to the child on reaching the age of majority under section 615(m) (IDEIA, Section 614, (1)(A)(i)(VIII)).

The final rules for IDEIA, Section 300.321(b)(3) require 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 (US Department of Education, 2006a, p. 46788)

Measurable postsecondary goals Transition services needed to reach goals Statement that the child has been informed of his/her rights that will transfer on reaching the age of majority Reconvening the IEP team if transition objectives set by outside agencies are not met Inviting representatives from outside agencies with the consent of the parent Summary of Performance that describes academic achievement and functional performance and includes recommendations that assist the child in meeting the child s postsecondary goals.

Age 14: IEP must contain statement of Transition Service Needs **Focus on student s course of study (academic courses, vocational education program) Age 16: IEP must contain statement of Needed Transition Services **Focus on instruction (in school & post school), community experiences, work experiences

Under IDEA a student may get vocational education or career development at any time in elementary or secondary school!

STUDENTS!!! Students Must be invited to IEP/ITP Transition Planning Meetings An invitation participation IEP/ITP Transition Plans Should Emphasize Student s Preferences At age 18, all decision-making authority transfers to student (unless student is deemed incompetent by court) Self-directed IEP planning

Parents/guardians Make a Written Request to Child s Teacher, Principal, or School s Special Education Department School Must Send a Meeting Notice Stating that Transition Will Be Discussed

General education Special education OT, PT, SLT Physical education Psychologists Others

BUT... The School District has Ultimate Responsibility for Providing Transition Services! If an outside agency fails to provide services, the school district must initiate an IEP meeting ASAP to discuss! The School District has Ultimate Responsibility for Providing Transition Services!

a coordinated set of activities, in particular, requires the systematic, joint participation of educators, parents, students, and outside community service agencies and professionals (Johnson & Halloran, 1997, p. 111).

Postsecondary Education Vocational Training Employment (Integrated) Continuing & Adult Education Adult Services Independent Living Community Participation RESULTS-ORIENTED

beginning not later than the first IEP to be in effect when the child is 16, and updated annually thereafter (bb) the transition services (including courses of study) needed to assist the child in reaching those goals;

Part B, Section 614 (d)(6) requires that in the event of an outside agency s failure to meet transition objectives the local educations agency is ultimately responsible for reconvening the IEP team to identify alternative strategies.

Section 614(c)(5)(B)(ii) includes new language requiring a summary of performance such that: For a child whose eligibility under this part terminates under circumstances described in clause (i), a local educational agency shall 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 postsecondary goals.

Q: WHEN DO IDEA TRANSITION PLANNING RIGHTS KICK IN? A: It depends... on when parents/guardians demand them.

IEP must include appropriate measurable postsecondary goals related to training, education, employment, independent living skills. IEP must include transition services (not just talk).

Until he/she graduates with a regular high school diploma (not a Certificate of Achievement/Completion). Until he/she ages out of special education services (turns 22). Until he/she is re-evaluated and it is determined no longer has a qualifying disability (this can be appealed). Even if he/she has earned all necessary units for graduation, if school has not provided transition services, student may continue to be eligible for special education services.

Department of Rehabilitation Community Mental Health Agencies Community Colleges (or other Colleges/ Universities) Community Rehabilitation & Service Providers Requirements for pre-employment training services specified by the Workforce Innovation & Opportunity Act

If there is a disagreement with the school about which transition services are to be provided, a due process complaint may be filed by the family Services stay put until dispute is resolved.

Late 1970s - middle 1980s: Publication of a number of follow-up and follow-along studies of the post-school outcomes of students with disabilities. OSERS establishes transition as a policy and funding priority in the early 1980s Madeleine Will proposes Bridges from School to Work as a conceptual model of transition. 1985 Andrew Halpern proposes a revised and expanded conceptual model of transition that includes residential, employment and social interpersonal networks under the rubric of community adjustment.

1989 OSERS funds the implementation of the National Longitudinal Transition Study from 1987-1993 that included over 8,000 youth ages 13-21. Students were interviewed over 2 intervals: 2 years or less post-school and 3-5 5 years post school. 1990 IDEA passed and included provisions for transition services 1991 OSERS establishes and funds the Systems Change in Transition priority. 1992 the Rehabilitation Act was amended to include the same definition of transition as IDEA

1 st National Longitudinal Transition Study (NLTS), conducted by SRI International for OSEP from 1985 through 1993. 2 nd NLTS (NLTS2) conducted from 2000-2010 3 rd NLTS (NLTS 2012) conducted from 2012-2014 1994 The School-to-Work Opportunities Act was passed that required the inclusion of all students in all school-to-work state programs. 1996 The National Transition Alliance was funded to provide technical assistance to states receiving STW development and implementation grants 1998 Workforce Investment Act links amendments of the Rehabilitation Act to generic employment services. 1999 Ticket to Work and Work Incentives Improvement Act reduces includes incentives to return to work and to seek employment related to health care and cash benefits

2004 Individuals with Disabilities Education Improvement Act includes transition requirements for youth with disabilities age 16 and older; drops requirements for age 14-16. NSTTAC, a Technical Assistance and Dissemination project, funded by the U.S. Department of Education s Office of Special Education Programs (OSEP) funded from January 1, 2010 December 31, 2014 and NTACT from January 1, 2015 until December 31, 2019 Workforce Innovation and Opportunity Act (WIOA) signed into law on July 22, 2014 Includes key provisions of the Rehabilitation Act reauthorized by law WIOA Fact Sheet: Youth Program Authorizes pre-employment training services (pre-ets) 1. Job exploration counseling 2. Work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting 3. Counseling on opportunities for enrollment in postsecondary educational programs 4. Workplace readiness training to develop social skills and independent living 5. Instruction in self-advocacy, which may include peer mentoring

Hasazi, S.B., Gordon, L.R., & Roe, C.A. (1985). Factors associated with the employment status of handicapped youth exiting high school from 1979 to 1983. Exceptional Children, 52 (6), 455-469. Mithaug, D.E., Horiuchi, C.N., & Fanning, P.N. (1984). A report on the Colorado statewide follow-up survey of special education students. Exceptional Children, 51(6), 397-404. Mithaug, D.E., Martin, J.E., Agran, M., & Rusch, F. (1988). Why special education graduates fail: How to teach them to succeed. Colorado Springs, CO: Ascent Publications. Wagner, Mary (December 1993). The Transition Experiences of Young People with Disabilities: A summary of findings from the National Longitudinal Transition Study of Special Education Students. Menlo Park, CA: SRI International. See also NLTS2 and NLTS 2012

Indicator #1: Graduation Indicator #2: Drop-out Indicator #13: Secondary Transition Indicator #14: Postsecondary Outcomes

Indicator 1: Graduation Rates Percent of youth with IEPs graduating from high school with a regular diploma. Indicator 2: Drop-out Rates Percent of youth with IEPs dropping out of high school. Indicator 13: Post-school Transition Goals in IEP Percent of youth aged 16 and above with an IEP that includes coordinated, measurable, annual IEP goals and transition services that will reasonably enable the student to meet the post-secondary goals. Indicator 14: Participation in Post-secondary Settings Percent of youth who had IEPs, are no longer in secondary school and who have been competitively employed, enrolled in some type of postsecondary school, or both, within one year of leaving high school.

Percent of youth with IEPs aged 16 and above with an IEP that includes appropriate measurable postsecondary goals that are annually updated and based upon an age appropriate transition assessment, transition services, including courses of study, that will reasonably enable the student to meet those postsecondary goals, and annual IEP goals related to the student s transition services needs. There also must be evidence that the student was invited to the IEP Team meeting where transition services are to be discussed and evidence that, if appropriate, a representative of any participating agency was invited to the IEP Team meeting with the prior consent of the parent or student who has reached the age of majority. (20 U.S.C. 1416(a)(3)(B))

Extent to which an IEP meets minimum legal requirements established by law (IDEIA 2004) What Indicator 13 does not measure Extent to which IEP includes and implements evidence-based practice or practices that actually work Services & practices that lead to measurable adult outcomes What a valid IEP should include: Minimum legal requirements Services and practices that work (evidence/research based) Services and practices that lead to measurable adult outcomes (employment, community participation, postsecondary education) NSTTAC Indicator 13 Checklist

1. Measurable postsecondary goals (measurable outcomes AFTER a student exits/graduates) 2. Age appropriate transition assessment 3. Transition services that lead to postsecondary goals 4. Description of course of study 5. IEP goals directly aligned or related to postsecondary goals & transition services 6. Student & family invited to transition planning meeting 7. Outside agencies invited to transition planning meeting

1. Is there an appropriate measurable postsecondary goal or goals in this area? 2. Is (are) the postsecondary goal(s) updated annually? 3. Is there evidence that the measurable postsecondary goal(s) were based on age appropriate transition assessment? 4. Are there transition services in the IEP that will reasonably enable the student to meet his or her postsecondary goal(s)?

5. Do the transition services include courses of study that will reasonably enable the student to meet his or her postsecondary goal(s)? 6. Is (are) there annual IEP goal(s) related to the student s transition services needs? 7. Is there evidence that the student was invited to the IEP Team meeting where transition services were discussed? 8. If appropriate, is there evidence that a representative of any participating agency was invited to the IEP Team meeting with the prior consent of the parent or student who has reached the age of majority?

Then the IEP does NOT meet minimum requirements established by IDEIA 2004

Are the instructional activities and transition services evidence-based practices that are known to increase the probability of successful post-school outcomes (i.e., paid employment, postsecondary education) (Do the strategies reflect what we know ACTUALLY WORKS????) Based on the preferences and interests of the student/family Directly related to post-secondary goals Does the student/family have a functional Summary of Performance that may be used as collateral by non-school agencies? To what extent does the student & family participate in a) the development and implementation of the IEP/ITP and b) Directing and leading the IEP meeting What happens to youth with disabilities who graduate/leave school? Do you conduct a post-exit/graduation follow-up survey to see what happens to students after they leave school to help improve services and practices for students still in school?

These are MINIMUM REQUIREMENTS established by law They are NOT necessarily indicators of a quality transition plan that are likely to result employment, living wages, health care, access to postsecondary education, community inclusion, or high quality of life Caveats Transition planning begins day one ALL education is preparation for adult life We have some understanding and knowledge about what is likely to significantly improve the chances for achieving successful adult outcomes The probability that a child with a disability will be living in poverty as an adult is greater than 50% The probability that a child with a disability will be unemployed as an adult is greater than 70%

Developed by Madeleine Will in 1983 Focused exclusively on transition from school-to-work Emphasis on older students with disabilities age 16+ Focused on the AMOUNT of service or support that might be needed OVER TIME

PLANNING PREPARATION LINKAGE EXIT Home Early Childhood Education Elementary Middle/Junior High Senior High Early Adulthood Middle Adulthood Late Adulthood

Developed in 1984/85 Expanded Madeleine Will s model Transition involved adjustments to be successful in the community COMMUNITY ADJUSTMENT Residential (Independent Living) Employment (Social & Interpersonal Networks) Contribution was the understanding that being a successful adult was not just having a job and being a good worker or employee

Kohler, P.D. (1996). Taxonomy for Transition Programming. Champaign: University of Illinois. Kohler, P. D., Gothberg, J. E., Fowler, C., and Coyle, J. (2016). Taxonomy for transition programming 2.0: A model for planning, organizing, and evaluating transition education, services, and programs. Western Michigan University. Available at www.transitionta.org

Birth From home to school From pre-school to kindergarten/1 st grade From elementary grades to middle school From middle school to junior/senior high school From senior high school/to adulthood AND THESE ARE ONLY A FEW OF THE TRANSITIONS WE EXPERIENCE THROUGHOUT LIFE!

For More Information John R. Johnson, Ph.D. Director of Research and Development Center for Disabilities 1400 W. 22nd St. Sioux Falls SD 57105 Phone: 619-778-4580 Fax: 605-357-1438 Email: john.r.johnson@usd.edu Webpage: www.usd.edu/cd