In This Issue:

How to Understand Adult Service Agencies Involved in the Transition Process

How To Understand Age of Majority

Many different individuals come together to help the student plan for transition. Typically, transition planning is handled by members of the IEP team, with other individuals becoming involved as needed. It’s important to involve a variety of people, for they will bring their unique perspectives to the planning table. The team draws upon the expertise of the different members and pools their information to make decisions or recommendations for the student.

In addition to the regular players at the IEP table (parents, student, special education and general education teachers, related service providers, administrators, others), when transition is going to be discussed, representatives of outside agencies may be invited, especially those who are well informed about resources and adult services in the community. Here’s a list of four different agencies to consider, plus the ever-useful “Other” category. Each is discussed in some detail further below.

The Vocational Rehabilitation (VR) Agency

The VR agency has traditionally been a primary player in determining the way transition services are delivered. Typically, VR helps persons with cognitive, sensory, physical, or emotional disabilities to find employment and achieve increased independence. Funded by Federal and state money, VR agencies typically operate regional and local offices. VR services usually last for a limited period of time and are based on an individual’s rehabilitation plan. If needed, an individual with disabilities can request services later, and a new rehabilitation plan will be developed.

VR has its own eligibility requirements. Therefore, not all students receiving special education services can receive VR services. You will need to check with the VR agency in your own area to learn what eligibility requirements apply. Identify your VR agency at:
https://askjan.org/cgi-win/TypeQuery.exe?902

Examples of employmentservices that may be available through VR include:

vocational guidance and counseling
medical, psychological, vocational, and other types of assessments to determine vocational potential
job development, placement, and follow-up services
rehabilitation, technological services and adaptive devices, tools, equipment, and supplies

Examples of postsecondary educationservices that may be available through VR include:

apprenticeship programs, usually in conjunction with Department of Labor
vocational training
college training towards a vocational goal as part of an eligible student’s financial aid package

Examples of independent living and adult services that may be available through VR include:

housing or transportation supports needed to maintain employment
interpreter services
orientation and mobility services

To learn more about VR, try these two on-target resources:

Vocational Rehabilitation Services: Can It Help You? | An online module @ the HEATH Resource Center
https://heath.gwu.edu/rehabilitation-services

Getting the Most from the Public Vocational Rehabilitation System
https://www.communityinclusion.org/article.php?article_id=129

Service Agencies for Individuals with Intellectual Disabilities or Mental Health Concerns

Depending on the student’s individual needs, it may be important for the transition team to include representatives from service agencies addressing intellectual disabilities or mental health. These agencies provide a comprehensive system of services responsive to the needs of individuals with mental health concerns or intellectual disabilities. Federal, state, and local funding are used to operate regional offices; local funding is often the primary source. Services are provided on a sliding payment scale.

Examples of employment-related services often available through these service agency include supported and sheltered employment, and competitive employment support for those who need minimal assistance.

Examples of independent living and adult services you may find available include:

case management services to access and obtain local services
therapeutic recreation, including day activities, clubs, and programs
respite care
residential services (group homes and supervised apartments)

The services provided by these agencies, however, vary greatly from community to community due to differences in local funding and priorities. The names of the agencies may also vary. Again, you will need to check with your state’s agencies that offer such services. To see what’s available in your state, visit the Administration on Intellectual and Developmental Disabilities, at:
https://www.acl.gov/Programs/AIDD/Index.aspx

Independent Living Centers (ILCs)

ILCs are nonresidential, community-based agencies that are run by people with various disabilities. ILCs help people with disabilities achieve and maintain self-sufficient lives within the community. Operated locally, ILCs serve a particular region, which means that their services vary from place to place. ILCs may charge for classes, but advocacy services are typically available at no cost.

To find out more about ILCs in your area, here are two national-level organizations that can put you in touch with state and local info:

Independent Living Research Utilization Project
(where you can find contact info for your Statewide Individual Living Council (SILC)
https://www.ilru.org

National Council on Independent Living
(to find contact info for local-level ILCs)
https://www.ncil.org

Social Security Administration (SSA)

The Social Security Administration operates the federally funded program that provides benefits for people of any age who are unable to do substantial work and have a severe mental or physical disability. Several programs are offered for people with disabilities, including:

Social Security Disability Insurance (SSDI);
Supplemental Security Income (SSI);
Plans to Achieve Self-Support (PASS);
Medicaid; and
Medicare.

Examples of employment services that may be available through SSA work incentive programs may include:

cash benefits while working (e.g., student-earned income)
Medicare or Medicaid while working
help with any extra work expenses the individual has as a result of the disability
assistance to start a new line of work.

With respect to adult and independent living services, SSA programs may support medical benefits, as well as allow the individual to use income as basis for purchase or rental of housing.

SSA can be a great source of support and assistance to youth with disabilities as they leave high school and move into adulthood. It’s very important for a student’s transition team to investigate whether or not the student is eligible for any of SSA’s programs and, if so, to involve SSA as part of transition planning.

Others to Consider Involving in Transition Planning

Other individuals or agencies may serve as one-time or ongoing consultants to the team, sharing a particular expertise or insight, while others may be valuable sources of specific information that helps the team plan and make decisions (see Potential Consultants to the Transition Team). Consider the useful information to be gained from any of the following:

Postsecondary education and training providers such as representatives from colleges, or trade schools, who can help the student explore types of training available as well as remind the group that lifelong learning for all individuals is important.

Department of Labor job services agencies, which offer transition services and employment programs, many of which are meant for individuals with disabilities (although others may not have a disability focus).

One-Stop program representatives, who can tell the team about job training available under the Workforce Investment Act (WIA) to help students prepare for their first job or further education and training.

Community leaders such as religious leaders, directors of recreation programs, and county extension agents, who may help the team address a particular need that a student has;

Community recreation centers such as Boys Clubs, YMCA, or 4-H Clubs, which may provide job counseling and youth development activities.

Employers, who can provide training and job opportunities and who can explain the expectations that the business community has for future workers.

Team members do not necessarily have to come from social service agencies. Students and their families may also invite a relative, friend, or advocate who can provide emotional support, access to their personal networks, or other unique expertise. If possible, it is also helpful to have team members from similar language and cultural backgrounds as the student. These members can help the team understand how cultural or language issues impact the transition process. Some typical transition outcomes, such as going away to college, getting a paying job, moving out of the family home, and making decisions independently of the family are valued differently by different cultures.

It is very important to invite service representatives and other individuals identified as transition consultants to IEP meetings that will be focused on only transition. They do not need to be at every IEP meeting of the student. If they cannot attend the meetings focusing on transition, talk to them about the IEP and bring their ideas or comments to the meeting.

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IDEA’s Exact Words

The relevant IEP-related provision within IDEA requires the following:

(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. [§300.320(c)]

What Does Age of Majority Mean?

“Age of majority is the legal age established under State law at which an individual is no longer a minor and, as a young adult, has the right and responsibility to make certain legal choices that adults make” (National Center on Secondary Education and Transition, 2002). Thus, when people use the term age of majority, they are generally referring to when a young person reaches the age where one is considered to be an adult. Depending upon your state law, this usually happens at some point between 18 and 21.

What’s your state’s age of majority?
https://minors.uslegal.com/age-of-majority/

At this juncture in a child’s life, the state may transfer to that child all (or some of) the educational rights that the parents have had up to the moment. Not all states transfer rights at age of majority. But if your state does, then the rights and responsibilities that parents have had under IDEA with respect to their child’s education will belong to that child at the age of majority.

Beginning at least one year before the child reaches the age of majority, then, the child’s IEP must include a statement that the child has received notice and been told about the rights (if any) that will transfer to him or her at age of majority under §300.520.

What §300.520 Requires

The text of §300.520 is provided below.

§ 300.520 Transfer of parental rights at age of majority.

(a) General. A State may provide that, when a child with a disability reaches the age of majority under State law that applies to all children (except for a child with a disability who has been determined to be incompetent under State law)—

(1)(i) The public agency must provide any notice required by this part to both the child and the parents; and

(ii) All rights accorded to parents under Part B of the Act transfer to the child;

(2) All rights accorded to parents under Part B of the Act transfer to children who are incarcerated in an adult or juvenile, State or local correctional institution; and

(3) Whenever a State provides for the transfer of rights under this part pursuant to paragraph (a)(1) or (a)(2) of this section, the agency must notify the child and the parents of the transfer of rights.

(b) Special rule. A State must establish procedures for appointing the parent of a child with a disability, or, if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of the child’s eligibility under Part B of the Act if, under State law, a child who has reached the age of majority, but has not been determined to be incompetent, can be determined not to have the ability to provide informed consent with respect to the child’s educational program.

While these provisions may appear redundant with §300.320(c), they actually aren’t. These provisions relate to informing both the child and the parents of any transfer of rights that has occurred when the child has reached the age of majority in the state; the provision at §300.320(c) stipulates in the IEP that, not later than one year before the child reaches the age of majority, he or she was informed of any rights that will transfer upon reaching that age.

Moreover, the provisions at §300.520 fall under the umbrella of “Procedural Safeguards” and include the “special rule” for children who have reached the age of majority but who do not have the ability to provide informed consent with respect to their educational programs (although they have not been determined to be incompetent). By state-designed procedures, the educational interests of these children would continue to be represented by the children’s parents during the entire time of their eligibility under Part B of IDEA. Should the parent of such a child not be available, another individual would be appointed to represent the child’s educational interests.

So, while this special rule relates directly to the transfer of rights to the child at age of majority, it also serves an exception to the transfer of such rights.

How is the Student Informed?

IDEA does not specify the way schools must inform students of any rights that will transfer to them upon reaching the age of majority. This is a matter “best left to States, districts, and IEP Teams to decide, based on their knowledge of the child and any unique local or State requirements.” (71 Fed. Reg. at 46668)

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