Rules & Regulations Extractions

 

Pay It Forward - Assistive Technology (AT) Project

There is an opportunity to support students with disabilities to access "mobile" assistive technology by making a donation of old and/or unused IPhones (version 2 or 3). The VT DOE is working on a statewide Assistive Technology (AT) Project to increase access to assistive technology for students who otherwise might not have an equal opportunity to use this technology in their everyday lives. We are actively looking to convert old iPhones into "cool" AT devices to help students gain access to digital text, communication and other academic apps. Please consider this as an opportunity to make a difference in a student's life and  "Pay It Forward".

For more information about this unique project please contact Michael Ferguson, Assistive Technology Project Director with the Vermont Agency of Education.

   
OVERVIEW
   
 

It can be difficult to find the state and federal regulations pertaining to secondary transition (ST), since they are imbedded in various larger regulations. To facilitate the process of finding the ST regulations, the following extractions all of the secondary transition regulations are provided below.

   
Vermont Agency of Education: STATE BOARD OF EDUCATION MANUAL OF RULES AND PRACTICES
   
  What do the Vermont Special Education Regulations say about transition planning?
   
 
  • Vermont Agency of Education State Board of Education Manual of Rules and Practices: §2363.8 (i) Content of IEP

(i) Transition services

(1) For students, beginning with the first IEP in effect when the child is 16, or younger if determined appropriate by the IEP team, and updated annually thereafter, there shall be:
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(i) age appropriate and measurable post secondary goals based upon age appropriate assessments related to:

(A) community employment;
(B) post secondary education; and
(C) if appropriate, independent living.

(ii) evidence that the student's interests and preferences were taken into consideration during the formulation of the goals.

(2) contingent upon prior consent from the parent or adult student, representatives of any agency that is likely to be responsible for providing or paying for transition services to implement the goals, shall be invited to participate in the IEP meeting.

(3) If a participating agency, other than the school district, fails to provide the transition services described in the IEP, the school district shall reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP.

(4) Nothing in these regulations shall relieve any participating agency of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

(5) When a student is going to graduate, a "summary of performance" report shall be written for the student as described at Rule 2362.2.4(m).

  • Vermont Agency of Education State Board of Education Manual of Rules and Practices:
    §2360.3.1(c) Special Education Services

(c) To ensure successful postsecondary transition, transition services may be special education, if provided as specially designed instruction, or related services, if required to assist a student to benefit from special education.

(1) "Transition services" means a coordinated set of activities for a student with a disability that:

(i) Are designed within a results-oriented process, that is focused on improving the academic and functional achievement of the child who is eligible to facilitate the child's 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;

(ii) Are based on the individual student's needs, taking into account the student's preferences and interests; and includes:

(A) Instruction;
(B) Related services;
(C) Community experiences;
(D) The development of employment and other adult living objectives; and
(E) If appropriate, acquisition of daily living skills and functional vocational evaluation.

  • Vermont Agency of Education State Board of Education Manual of Rules and Practices: §2362.2.4(m) Evaluation Procedures (Summary of Performance)
    If a student is due to graduate with a regular high school diploma or will be attaining the age when his/her entitlement to a FAPE ends, there is no requirement to conduct a special education evaluation. The responsible school district 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 post secondary goals.
  • Vermont Agency of Education State Board of Education Manual of Rules and Practices: §2363.4(b) IEP Team
    (b) Additional participants when the transition services of the student will be discussed.

(1) Not later than the IEP to be in effect when a student is age 16 (or younger, if determined appropriate by the IEP team), the school district shall continue inviting the student to attend his/her IEP meetings to discuss transition services.

(2) If the student does not attend the IEP meeting when invited, the school district shall take other steps to ensure that the student's preferences and interests are considered.

(3) In implementing the requirements with respect to transition services, the school district also shall invite a representative of any other agency that is likely to be responsible for providing or paying for such services.

(4) If an agency invited to send a representative to a meeting does not do so, the school district shall take other steps to obtain participation of the other agency in the planning of any transition services.

  • Vermont Agency of Education State Board of Education Manual of Rules and Practices: §2363.5(d) Participation in IEP meeting
    (d) When the student reaches age 17, the school district shall notify the parent and the student that at age 18, the student, unless he/she is under guardianship, will become an adult under Vermont law. At that time, the district shall send a notice to the student of his/her IEP meetings. The parent shall be given a copy of the notice unless, as set forth in rule 2365.1.13, the student is incarcerated. When a student becomes an adult, the parents may attend an IEP meeting at the discretion of the student pursuant to Rule 2363.4(a)(4).

For Further Research: View the Vermont Agency of Education - State Board of Education Manual of Rules and Practices Rule 2360

   
U.S. Department OF EDUCATION IDEA 2004
   
 

What does the United States Agency of Education IDEA 2004 law say about transition planning?

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, that is focused on improving the academic and functional achievement of the child with a disability.

THE COORDINATED SET OF ACTIVITIES MUST:
A) Facilitate the child's movement from school to post-school activities, including postsecondary education, integrated employment (including supported employment), continuing and adult education, adult services, and independent living; and…
B) Include instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

  • Public Law 108-446 (IDEA) Re-Authorization December 3, 2004 Page 118 Statute:
    §2658

    (34) Transition services. --The term 'transition services' means 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, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
    (B) is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and
    (C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

For Further Research: View the United States Agency of Education Individuals with Disabilities Education Act (IDEA)

   
FEDERAL REGISTER
   
  What does the federal register say about transition 300.320?
   
 
  • Part 2 - United States Agency of Education 34 CFR Parts 300 and 301
    § 300.43 Transition Services.

    (a) Transition services means a coordinated set of activities for a child with a disability that—
    (1) 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, including post secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
    (2) Is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and includes—
    (i) Instruction;
    (ii) Related services;
    (iii) Community experiences;
    (iv) The development of employment and other post-school adult living objectives; and
    (v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
    (b) Transition services for children with disabilities may be special education, if provided as specially
    designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.
    (Authority: 20 U.S.C. 1401(34)
   
 
  • Part 2 - United States Agency of Education 34 CFR Parts 300 and 301
    §300.320 Definition of Individualized Education Program

    (b) Transition services. 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—
    (1) Appropriate measurable post secondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
    (2) The transition services (including courses of study) needed to assist the child in reaching those goals.
    (c) Transfer of rights at age of majority. Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child's rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under
    § 300.520.
    (d) Construction. Nothing in this section shall be construed to require—
    (1) That additional information be included in a child's IEP beyond what is explicitly required in section 614 of the Act; or
    (2) The IEP Team to include information under one component of a child's IEP that is already contained under another component of the child's IEP.
    (Authority: 20 U.S.C. 1414(d)(1)(A)

For Further Research: Agency of Education 34 CFR Parts 300 and 301

Questions?

Michael Ferguson at michael.ferguson@state.vt.us or (802) 479-1408

Page Last Updated on March 21, 2014