Technology Assistance Program FactSheet

Transition Services: A Requirement of the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation Act

ATTENTION ALL STUDENTS, PARENTS, FAMILY MEMBERS, GUARDIANS, ADVOCATES, DISABILITY ORGANIZATIONS AND OTHER INTERESTED OR AFFECTED PARTIES:

If you are age 14 or older and a student with a disability, or know someone who is, you should know that students with disabilities have a right to receive transition services. This means that the Florida Department of Education (FLDOE) and the Department of Labor and Employment Security Division of Vocational Rehabilitation (DVR) and the Division of Blind Services (DBS) Vocational Rehabilitation Program (VR) are mandated by law to provide transition services to eligible students with disabilities. Beginning at age 14, and annually thereafter, a student's Individualized Education Plan (IEP) and/or Section 504 plan must include a statement of their transition services needs. At age 16, the provision of transition services by federal law and regulations is mandated to begin. The IEP/Section 504 plans must clearly state all interagency responsibilities for the provision of transition services. This requires FLDOE and VR Programs to directly focus on interagency cooperation to insure the coordination of transition services. Be sure to remember to inquire, about your rights to receive Assistive Technology (AT) training and support services.

What are transition services?

Transition services are defined in the Individuals with Disabilities Education Act, as amended at 20 U.S.C., Chapter 33, Section 1401(30) (1997) and in Section 6 (37) of the Rehabilitation Act of 1973, as last amended in 1998. The term transition services means a coordinated set of activities for a student with a disability that "(A) are designed within an outcome-oriented process, which promotes 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; (B) are based upon the individual student's needs, taking into account the student's preferences and interests; and (C) include instruction, related services, community experiences, the development of employment and other post-school, adult living objectives, and, when appropriate, the acquisition of daily living skills and functional vocational evaluation." Ø When should transition services begin? Beginning at age 14, and annually thereafter, a student's IEP/Section 504 plan must include a statement of the student's transition service needs. At age 16, the provision of transition services is mandated to begin and the IEP/Section 504 plan must include a statement of all the interagencies' responsibilities.

Who may be included in the transition team?

The transition team can include the student, parent(s), teacher(s), counselor(s), and therapist(s), as well as representatives from: Developmental Services Program, Alcohol, Drug Abuse and Mental Health Program, DVR, community colleges, DBS-VR Program, deaf service centers, Children's Medical Services, Children and Family Services, community mental health services, Center for Independent Living Programs (CIL), Social Security, and any other service delivery system or program that needs to be a part of the student's successful transition from FLDOE.

FLDOE must implement a coordinated services system that will bring all members of the transition team together, as well as any other person or service delivery program representative that the student or representative of the student may want to include. The implementation of a thoroughly-coordinated transition system designed to improve results for students and families is the goal FLDOE and VR Programs should achieve. FLDOE is responsible for service coordination and case management that facilitates the linkage of IEP/Section 504 plans with individualized family service plans from any other agency responsible for the provision of services. See 20 U.S.C., Chapter 30, Section 1413(f) and Section 101 (11)(D) of the Rehabilitation Act of 1973, as amended last in 1998, requires FLDOE to be responsible for service coordination and case management that facilitates the linkages of IEPs with individualized family services plans from any other agency responsible for the provision of services.

In Florida, DVR and FLDOE have entered into a written agreement regarding the provision of transition services. This agreement was finalized on May 8, 1998. DBS-VR Program is working on, but has not finalized, their cooperative agreement with FLDOE, to date. Students with an IEP/Section 504 plan are qualified to be deemed eligible to have DVR and DBS-VR formulate an Individualized Plan for Employment (IPE) before high school graduation.

What needs to be included in the IEP/Section 504 Plan?

The transition goals must focus on the student's long-term needs, preferences and interests. Specific annual goals are to be written with time frames and may be changed, as needed. Service providers, agencies and people involved in the student's transition from FLDOE shall be named in the transition plan. All needed transition services must be set forth in a transition plan, including a statement of the interagencies' responsibilities and/or any needed linkages with other service providers. This should be regardless of whether FLDOE or some other agency will be providing those services.

Who can be called for assistance?

For information on how to apply for transition services, the student or student's representative should speak with the school district administration and transition liaison, as well as the local DVR and DBS-VR offices. For information on VR Program transition services and how to apply for VR services in transition from FLDOE and beyond, DVR has a toll-free help line that you can call at (800) 451-4327; DBS-VR also has a toll-free number at (800) 342-1828.

For more information about transition services, you can read about the legal requirements for special education in the Individuals with Disabilities Education Act, as amended in 1997 at 20 U.S.C., Chapter 33, Section 1400, and Section 6 of the Rehabilitation Act of 1973, as amended last in 1998. Also be aware that students with disabilities have lawful rights under the Americans with Disabilities Act (ADA). FLDOE and VR Programs must comply with Title II of ADA, federal regulations and ADA Accessibility Guidelines (ADAAG).

If you, or someone you know with a disability, is having difficulty obtaining transition services, you may contact the Intake Unit of the Advocacy Center for Persons with Disabilities, Inc. (Advocacy Center) at (800) 342-0823 (voice) and (800) 346-4127 (TDD). The Advocacy Center can provide you with information, investigate a complaint, and has the authority to negotiate, mediate, and if necessary, may litigate, to secure your rights under the law. At the Advocacy Center you can request an investigation from the Protection and Advocacy for Individuals with Developmental Disabilities (PADD). PADD has the authority to investigate the adequacy of transition services provided to students with developmental disabilities. You may also request an investigation from the Client Assistance Program (CAP). CAP has the authority to investigate concerns regarding the provision of transition and other services by DVR and DBS-VR Programs, and/or any other programs, projects and facilities funded under the Rehabilitation Act. Also for your information, the Advocacy Center has produced a fact sheet on the Rights of Students with Disabilities to Assistive Technology.

*Notice: This fact sheet is not a substitute for legal advice