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Transition Laws and Regulations Summary

Individuals with Disabilities Education Act (IDEA)


Purpose of IDEA
The purposes of IDEA include ensuring that all children with disabilities have available to them a free
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.
Definition of Transition Services
The term transition services means a coordinated set of activities for a child with a
disability that:
Is designed to be within a results-oriented process, focused on improving the academic and
functional achievement of the child with a disability in order to facilitate the childs movement from
school to post-school activities, including postsecondary education, vocational education, integrated
employment (including supported employment);
continuing and adult education, adult services, independent living, or community participation;
Is based on the individual childs needs, taking into account the childs strengths, preferences, and
interests; and
Includes instruction, related services, community experiences, the development of employment and
other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and
functional vocational evaluation.
Transition Service Requirements
Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined
appropriate by the IEP Team, and updated annually thereafter, the IEP must include:
Appropriate measurable postsecondary goals based upon age-appropriate transition assessments
related to training, education, employment and, where appropriate, independent living skills;
The transition services (including courses of study) needed to assist the child in reaching those goals;
and
Beginning not later than one year before the child reaches the age of majority under State law, a
statement that the child has been informed of the childs rights under Part B, if any, that will transfer
to the child on reaching the age of majority.
Michigan Compliance Standard for Transition Service Requirements Under IDEA
(Compliance Standards for Special Education, October 2013 - Michigan Department of Education, Office of Special
Education, Page III-5)

If the student is 16 or will turn 16 when the IEP is in effect, the IEP includes:
1. Appropriate measurable postsecondary goals.
2. Postsecondary goals based upon age appropriate transition assessments related to:
a. Training.
b. Education.
IDEA Transition Requirement Summary

c. Employment
d. Independent living skills if appropriate.
3. The course of study
4. The transition services needed to assist the student in reaching postsecondary goals.
5. If a student is younger than16 and the IEP team determines that the student needs transition services,
items one through four are included in the IEP.

Requirement for Inviting Other Agencies


If a purpose of a childs IEP Team meeting will be the consideration of postsecondary goals for the child
and the transition services needed to assist the child in reaching those goals, the school, to the extent
appropriate, and with consent, must invite a representative of any participating agency that is likely to
be responsible for providing or paying for transition services, to attend the childs IEP Team meeting.
However, if the participating agency does not attend the meeting, the LEA is no longer required to take
other steps to obtain participation of an agency in the planning of any transition services.
If A Participating Agency Fails to Provide Transition Services
If a participating agency, other than the school, fails to provide the transition services described in the
IEP, the school must reconvene the IEP Team to identify alternative strategies to meet the transition
objectives.
Obligations of Other Agencies
Nothing in IDEA relieves any participating agency, including a State vocational
rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency
would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.
Requirements for Child Attendance at IEP Team Meeting Regarding Transition
The LEA must invite a child with a disability to attend the childs IEP Team meeting if a purpose of the
meeting will be the consideration of the postsecondary goals for the child and the transition services
needed to assist the child in reaching those goals If the child does not attend the IEP meeting, the school
must take other steps to ensure that the childs preferences and interests are considered.
Allowable Use of Federal Funds for Transition
States may use a portion of their federal funds for special education for the development and
implementation of transition programs, including coordination of services with agencies involved in
supporting the transition of students with disabilities to postsecondary activities.

IDEA Transition Requirement Summary

Michigan Administrative Code


Department of Education
State Board of Education
Special Education Programs and Services
Provision of Transition Services
Intermediate school districts, local school districts, public school academies, or a combination of such
agencies in cooperation with public and private entities, will provide or contract for the provision of
transition services. Special education teachers will be assigned to supervise such services. Professional
special education personnel, a transition coordinator, or both, will coordinate transition services.
Worksite-Based Learning Requirements
For worksite-based learning, a written agreement/plan is required, signed by
the student, parent, school, and worksite representative. The agreement will set forth all of the
following information:
1. Expectations and standards of attainment.
2. Job activities.
3. Time and duration of the program.
4. Wages to be paid to the student, if applicable.
5. Related instruction, if applicable.
The superintendent of the school district will designate a staff member to visit the students worksite at
least once every 30 calendar days for the duration of the program to check attendance and student
progress and assess the placement in terms of health, safety, and welfare of the student.

Michigan Administrative Code Transition Requirements Summary

WIOA Title IV
Rehabilitation Act
(Covers Michigan Rehabilitation Services and Bureau of Services for Blind Persons)
Eligible individuals
Individual with a disability: An individual who has a physical or mental impairment which results in a
substantial impediment to employment and can benefit in terms of an employment outcome from
vocational rehabilitation services.
Eligibility criteria
The person is determined to be individual with a disability as defined above and requires vocational
rehabilitation services to prepare for, secure, retain, advance in, or regain employment. For purposes of
an assessment for determining eligibility and vocational rehabilitation needs, an individual is presumed
to have a goal of an employment outcome.
Eligibility determination
As part of eligibility determination, is it presumed that an individual that can benefit in terms of an
employment outcome from vocational rehabilitation services. Prior to determining that an applicant is
unable to benefit due to the severity of the individuals disability or that the individual is ineligible for
vocational rehabilitation services, the VR agency must explore the individual's abilities, capabilities, and
capacity to perform in work situations, through the use of trial work experiences. Such experiences must
be of sufficient variety and over a sufficient period of time. In providing the trial experiences, the public
VR system must provide the individual with the opportunity to try different employment experiences,
including supported employment, and the opportunity to become employed in competitive integrated
employment.
Presumption of eligibility
Individuals receiving Social Security Disability Benefits (SSI or SSDI) are considered to
individuals with a significant disability and are presumed to be eligible for vocational rehabilitation
services unless the VR agency can demonstrate by clear and convincing evidence that the individual is
incapable of benefiting in terms of an employment outcome due to the severity of the individuals
disability.

Student with a Disability


For the purposes of public VR services, a student with a disability is an individual who:
A) is not younger than the earliest age for the provision of transition services under the Individuals With
Disabilities Education Act or if the State involved elects to use a lower minimum age for receipt of preemployment transition services under WIOA, is not younger than that minimum age; and
B) Is not older than 21 years of age or If the State law for the State provides for a higher maximum age
for receipt of services under the Individuals With Disabilities Education Act is not older than that
maximum age (in Michigan this age is 26); and
C) Is eligible for, and receiving, special education or related services under part B of the Individuals With
Disabilities Education Act or is an individual with a disability under section 504 of the Rehabilitation Act.
WIOA Title IV Rehabilitation Act Transition Requirements Summary

Pre-Employment Transition Services


Each state is required to reserve at least 15% of its allotted Title I VR funds for the provision of preemployment transition services. From these funds, and any funds made available from states, local, or
private funding sources, each state must ensure that the public VR system, in cooperation with the local
educational agencies will provide, or arrange for the provision of, pre-employment transition services for
all students with disabilities in need of such services, who are eligible or potentially eligible for VR
services.
Required Pre-Employment Transition Services
Funds available for pre-employment transition services are to be used for the following:
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 (including internships) that is provided in an
integrated environment to the maximum extent possible;
3. counseling on opportunities for enrollment in comprehensive transition or postsecondary
educational programs at institutions of higher education;
4. workplace readiness training to develop social skills and independent living; and
5. instruction in self-advocacy, which may include peer mentoring.
Additional Pre-Employment Transition Services
If funds are available after the provision of the required activities described above, they may be used to
improve the transition of students with disabilities from school to postsecondary education or
employment outcome by
A. Implementing effective strategies to increase the likelihood of independent living and inclusion in
communities and competitive integrated workplaces.
B. Developing and improving strategies for individuals with intellectual disabilities and individuals with
significant disabilities to live independently, participate in postsecondary educational experiences,
and obtain and retain competitive integrated employment.
C. Providing instruction to vocational rehabilitation counselors, school transition personnel, and other
persons supporting students with disabilities.
D. Disseminating information about innovative, effective, and efficient approaches to achieve the goals
of this section.
E. Coordinating activities with transition services provided by local educational agencies under the
Individuals With Disabilities Education Act.
F. Applying evidence-based findings to improve policy, procedure, practice, and the preparation of
personnel, in order to better achieve the goals of this section;
G. Developing model transition demonstration projects.
H. Establishing or supporting multistate or regional partnerships involving states, local educational
agencies, designated state units, developmental disabilities agencies, private businesses, or other
participants to achieve the goal of this section.
WIOA Title IV Rehabilitation Act Transition Requirements Summary

I.

Disseminating information and strategies to improve the transition to postsecondary activities of


individuals who are members of traditionally un-served populations.

Pre-Employment Transition Coordination


Each local VR office is required to do the following:
1) Attending IEP meetings for students with disabilities, when invited.
2) Work with local workforce development boards, one-stop centers, and employers to develop work
opportunities for students with disabilities, including internships, summer employment and other
employment opportunities available throughout the year, and apprenticeships.
3) Work with schools to coordinate and ensure the provision of pre-employment transition services.
4) When invited, attend person-centered planning meetings for individuals receiving services under
title XIX of the Social Security Act (Medicaid).
In carrying out pre-employment transition services, states shall address the transition needs of all
students with disabilities, including such students with physical, sensory, intellectual, and mental health
disabilities.

Coordination with education officials


The VR State plan is to contain plans, policies, and procedures for coordination between the designated
State agency and education officials responsible for the public education of students with disabilities,
designed to facilitate the transition of the students with disabilities from the receipt of educational
services in school to the receipt of vocational rehabilitation services, including pre-employment
transition services. The plan is to include information on a formal interagency agreement with the State
educational agency that, at a minimum, provides for-a) Consultation and technical assistance to assist educational agencies in planning for the transition of
students with disabilities from school to post-school activities, including vocational rehabilitation
services;
b) Transition planning by public VR personnel and educational agency personnel for students with
disabilities that facilitates the development and implementation of their individualized education
programs (IEPs).
c) The roles and responsibilities, including financial responsibilities, of each agency, including provisions
for determining State lead agencies and qualified personnel responsible for transition services; and
d) Procedures for outreach to and identification of students with disabilities who need the transition
services.
Obligations of other agencies
The requirements of the Rehabilitation Act do not reduce the obligation under the Individuals with
Disabilities Education Act of a local education agency or any other agency to provide or pay for any
transition services that are also considered special education or related services and that are necessary
for ensuring a free appropriate public education to children with disabilities.

WIOA Title IV Rehabilitation Act Transition Requirements Summary