Future Reflections Spring/Summer 1993, Vol. 12 No. 2

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NEW TRANSITION REGULATIONS

Reprinted from Pacesetter, January, 1993; a publication of the PACER Center, Inc., Minneapolis, MN.

Here are four key provisions of new federal transition-related regulations for the Individuals with Disabilities Education Act (P.L. 101-476þIDEA), that became effective November 13, 1992:

Students Must Be Invited-If a meeting is to consider transition services for a student, the public agency (school) must invite the student and a representative of any other agency likely to be responsible for providing or paying for transition services. If the student does not attend, the public agency shall take other steps to ensure that the student's preferences and interests are considered; if an invited agency does not attend, other steps shall be taken to obtain its participation in planning of any transition services. (300.344)

Parent Notification-If a meeting is to consider transition services for the student, the notice to parents must indicate this purpose, and that the student and other identified agencies will be invited. (300.345)

IEP Content-The IEP for each student, beginning no later than age 16, younger if appropriate (Minnesota stipulates by age 14 or grade 9), must include a statement of the needed transition services in four areas of content: instruction, community involvement, work/vocational skills, and daily living skills and functional assessment if needed. It must also address each public agency's responsibilities or linkages, or both, before the student leaves the school setting. If the IEP team determines that services are not needed in one or more of the areas specified, the IEP must include a statement to that effect and the basis upon which the determination was made. (300.346)

Agency Responsibilities for Transition Services-If a participating agency fails to provide agreed-upon transition services contained in the IEP of a student with a disability, the public agency responsible for the student's education shall, as soon as possible, initiate a meeting to identify alternative strategies to meet the transition objective and, if necessary, revise the student's IEP. Nothing in this part relieves any participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for any transition services that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of the agency. (300.347)

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