Transition Planning for
Students with Special Needs

By Adrienne J. Arkontaky, Esq.

Many parents dream of the day when their children graduate high school, become independent and move on to post secondary opportunities.  The  Individuals with Disabilities Act of 2004 (“IDEA”) specifically mandates that school districts must  put together a transition plan for students with disabilities to allow students to achieve post-high school success.  By law, school districts must develop and implement a “transition plan” for each student covered under the IDEA by the time the student is sixteen years old (34 CFR §300.344).  The law also requires that a statement of the student’s transition goals and services be included in the transition plan. Transition services are a coordinated set of activities that assist students shift from high school to post-secondary education, vocational training, employment, adult services and/or independent living and community participation. These transition services must be based on the individual student’s unique needs.  Transition services must include instruction, community experiences, and development of employment and other post school adult living objectives.

The Individualized Education Program (“IEP”) for students sixteen or older must include measurable post-secondary goals that are result-oriented, based upon the following: employment, education and independent living.  The Committee on Special Education (“CSE”) must analyze how to adequately ready the student for life after high school.  The members of the team (including the student) should consider the following:

• Where will the student live after high school?
• Will the student work or attend a center based or school program?
• How will the student travel to these programs?
• How will the student obtain health care benefits?
• Does the family need to address guardianship and apply for government benefits for the student?
• Does the family have proper estate planning in place for the student?
• What support services are necessary to make the plan effective?

The CSE team that addresses transition issues may include: a social worker, employment agency staff member, job coach, assistive technology expert, travel training coach, Medicaid service coordinator, health care provider, and disability support staff from the post secondary education or vocational program.

LIFE AFTER HIGH SCHOOL- The protections available

Once the student leaves high school (through the end of the year in which the student turns 21 OR the student graduates with all necessary credits-whichever is sooner) the student is no longer protected by the IDEA.  The following two Civil Rights statutes that offer protections to students are:

• The Americans with Disabilities Act (“ADA”) and
• Section 504 of the Rehabilitation Act (“Section 504”)

Title II of the ADA covers state funded schools such as universities, community colleges and vocational schools.  Title III of the ADA covers private colleges and vocation schools.  If a school receives federal funds it is also covered by Section 504.

Important Aspects of Both Statures:

• The postsecondary program’s eligibility requirements can not screen out candidates based on physical or mental disabilities.  Application forms can not ask candidates whether they have a disability.
• A school cannot discriminate on the basis of a disability.
• A school must insure that the programs that are offered including extracurricular activities are accessible to students with disabilities.
• Buildings must meet certain architectural accessibility requirements.
• Housing to students with disabilities must be comparable to housing available to students without disabilities.
• The standard for accommodations, aids and services available to students with disabilities is “reasonable.”
• Modifications must be based on the student’s needs but modifications of policies and practices are not required when the alteration would fundamentally alter the nature of the service, program, or activity.
• Students are not required to disclose their disability.  However, remember if a student would like accommodations, they will need to provide proof of the disability.

What to do if an instructor or program does not make the proper accommodations:

• The student should contact the Office of Services for Students with Disabilities or the ADA/504 coordinator.
• If this does not resolve the problem, the student may need to follow an internal grievance procedure.  The student may also contact the Office of Civil Rights (“OCR”) of the U.S. Department of Education.  The student may also file a private lawsuit in Federal Court.

Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities.  Section 504 ensures that a student with disabilities has equal access to an education.  Under Section 504, the student may receive accommodations and modifications.  Unlike the IDEA, Section 504 does not require the school to provide an IEP that is designed to meet the child’s unique needs.  Under Section 504, fewer procedural safeguards are available to students with disabilities and their parents than under the IDEA.

Title II of the ADA specifically precludes public entities, including public elementary and secondary school systems, regardless of the receipt of Federal financial assistance from discriminating on the basis of disabilities.

Remember that the most important part of Transition Planning is “Self Advocacy.”  Teaching a student to advocate on her own behalf is crucial for successful transition planning. With the proper supports and guidance, students with disabilities can enjoy greater success than ever before!

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