(See Overview in the Introduction for more information on the SPP.)

SPP 13:

Secondary transition: Percent of youth aged 16 with an IEP that includes coordinated, measurable, annual IEP goals and transition services that will reasonably enable the student to meet the post-secondary goals. (20.U.S.C. 1416 (a)(3)(B))

To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living.

Beginning at age 14 (or younger, if determined appropriate by the IEP team), the IEP shall include a statement, updated annually, of the child's transition service needs under the applicable components of the child's IEP that focuses on the child's course of study.

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, the IEP must include:

• Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills; and
• The transition services (including course of study) needed to assist the child in reaching those goals.

3301-51-07
(H) Definition of individualized education program (IEP)
(1) General
As used in this rule, the term "individualized education program" or "IEP" means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with paragraphs (H) to (L) of this rule and that must include:

(a) A statement that discusses the child’s future.

The IEP team shall ensure that the family and child's preferences and interests are an essential part of the planning process. The IEP team will document planning information on the IEP.

This includes the family and child’s needs, preferences and interests, as well as their vision of immediate and post-secondary-life plans that guide the development of the IEP.

The Future Planning statement in the IEP affords the IEP team the opportunity each year, beginning with the very first IEP when a child turns 3, to discuss long range plans with the child and family. Future plans should become more specific to post-school life as the child nears age 14. Ask questions such as "What do you want to do as an adult (education, training, employment, independent living)?" and "Between now and then, what do you need to do to get there?" Focus on statements of achievable, postsecondary goals. Ask the question "What do you see yourself doing immediately after high school in the areas of education and training, employment and independent living?"

See Resources for Future Planning www.nsttac.org, [student-focused planning, student development and evidence- based practices.]

See Annotations for the IEP PR-07 Form.

3301-51-01
(B) Definitions
The following terms are defined as they are used in rules 3301-51-01 to 3301-51-09 and 3301-51-11 of the Administrative Code:
(63) "Transition services":

(a) Means a coordinated set of activities for a child with a disability that:

(i) 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;

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

(a) Instruction;

(b) Related services;

(c) Community experiences;

(d) The development of employment and other post-school adult living objectives; and

(e) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

(iii) Shall be provided by individuals who have the competencies, experiences, and training required to meet the individual child’s transition services needs, and may include job training coordinators, vocational special education coordinators, career assessment specialists, work-study coordinators or other qualified individuals.

(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.

Transition services are embedded into the IEP and required for all children who are or will be 16 years of age during the effective dates of the IEP. For children who are 14 years of age (or younger, if determined appropriate by the IEP team) during the effective dates of the IEP, the IEP shall include a statement, updated annually, that addressees the child's transition service needs that focus on the child's course of study.

Transition services are specifically designed activities and processes that will help the child move through middle school and high school toward adult life, keeping in mind the specific post-school activities envisioned in the areas of employment, education, training, and independent living.

For example, an instructional transition service may be mobility training provided by the Bureau of Vocational Rehabilitation Services to enable the child to use public transportation, to reach a work experience site.

A related service may be special tutoring to prepare for the written section of the state driver’s exam, to help the child obtain a driver’s license.

Community experiences may include job shadowing, volunteer work at a local veterinarian’s office, helping out at a homeless shelter on weekends or any other community activity related to the child’s postsecondary goals or current course of study.

Functional vocational evaluation is defined as a documentation of general work behaviors (e.g., attention to task, work rate, work organization, attendance, punctuality and physical stamina); dexterity; following directions; working independently or with job supports or accommodations; job interests and preferences; abilities (aptitude); and other special needs such as job-specific work skills; interpersonal relationships and socialization; and work related skills (e.g. independent transportation, appropriate use of break time, appropriate dress for work). Functional vocational assessments are considered most valid when provided in a specific work environment.

• If the school district is conducting an individualized functional vocational evaluation to determine the nature and extent of special education and related services needed by the child, parental consent is required.

• If the district is not conducting an evaluative process, but merely collecting or reviewing data that already exists or assessing children’s progress on the curriculum, parental consent is not required.

3301-51-01
(B) Definitions
The following terms are defined as they are used in rules 3301-51-01 to 3301-51-09 and 3301-51-11 of the Administrative Code:

(10) "Child with a disability" means a child evaluated in accordance with rule 3301-51-06 of the Administrative Code as having a cognitive disability (mental retardation), a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this rule as "emotional disturbance"), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

(a) Subject to paragraph (B)(10)(b) of this rule, if it is determined, through an appropriate evaluation under rule 3301-51-06 of the Administrative Code, that a child has one of the disabilities identified in this rule, but needs only a related service and not special education, the child is not a child with a disability under this rule.

(b) If, consistent with the definition of special education in paragraph (B)(58) of this rule, the individualized education program (IEP) team considers the related service required by the child to be special education rather than a related service under state standards, the child would be determined to be a child with a disability under this rule.

(63) "Transition services":

(a) Means a coordinated set of activities for a child with a disability that:

(iii) Shall be provided by individuals who have the competencies, experiences and training required to meet the individual child’s transition service needs, and may include job training coordinators, vocational special education coordinators, career assessment specialist, work-study coordinators or other qualified individuals.

There is no specific licensure or endorsement required for personnel who may provide transition services for children with disabilities approaching age 14, or above. The transition to work endorsement is the preferred credential for personnel who provide transition services for children with disabilities. However, if the provider does not hold the transition to work endorsement, this person should have the competencies, experiences and training required to meet the individual child's transition services needs. Providers may include those individuals listed in the above Requirements, paragraph (63)(a)(iii).

The IEP team determines if transition services are special education or a related service following the definition of "child with a disability" in Rule 3301-51-01(B)(10)(b) of the Requirements above.

For example, a child with significant needs may require specially designed instruction during secondary school that focuses on the development of specific job skills related to work experience (i.e., functional math skills in construction and carpentry) or another a child may require only a related service, such as transportation training from a mobility specialist, to get to a postsecondary education or training site as an adult.

3301-51-07
(H) Definition of individualized education program
(2) Transition services
(a) For each child with a disability, beginning at age 14 (or younger, if determined appropriate by the IEP team), the IEP shall include a statement, updated annually, of the transition service needs of the child under the applicable components of the child’s IEP that focuses on the child’s courses of study (such as participation in advanced-placement courses or a vocational education program).

1. Beginning at age 14 (or younger, if determined appropriate by the IEP team):
   • No later than when the child is age 14, the IEP team must address the child’s transition service needs related to the child's course of study.
   • Beginning with the IEP in effect when the child turns 14, the IEP team must discuss the child’s projected high school course of study, related to post-school plans outlined in the future planning statement, to ensure that this course of study is designed to lead to post-school success.
   • This process should start as early as possible after the child reaches the middle/junior school high level.

2. The IEP shall include a statement, updated annually, of the transition service needs of the child that focuses on the child's course of study.

   The IEP team must consider the child’s projected high school course of study related to the postsecondary goals, based on the child’s future planning statement. The team then must determine the specific transition services needs (if any) to support the child’s proposed course of study and other activities related to the measurable postsecondary goals for working, learning and living. For example,

   • If the child wants to pursue automotive technology at the career-technical center, he or she may need additional instruction in higher-level mathematics, if that is an area of need. Or he or she may need a work experience related to automotive technology.
   • If the child intends to enroll in a four-year college, he or she may need accommodations in foreign languages class or assistance from the guidance counselor.
   • If the child’s future plan is to seek supportive employment or independent living, he or she may need a significantly modified curriculum and referral to BVR, DD or other adult service agencies to determine potential eligibility.
3. The IEP should focus on the child’s course of study (such as participation in advanced-placement courses or a vocational education (career-technical education) program).
   • When the child is age 14, this may be a general statement of the courses required to graduate and move to post-school life, or a specific list of courses for each year, required to gain entrance into career-technical education or specific postsecondary education or training.
   • The classes listed in the course of study would not be "mandatory" or definite, but rather would be a map of what classes and experiences would benefit the child in reaching the stated future plans in the IEP.
   • This would be a proposed course of study, and the stipulated courses may be altered or deleted at any time by the IEP team, depending upon the changing needs, strengths, preferences and interests of the child and must be based upon the future planning statement. By age 16, this course of study would be much more specific and would facilitate the achievement of measurable postsecondary goals.
   • For a child with significant disabilities, a "course of study" may refer to specially designed instruction in math, language arts and in functional life skills, as appropriate.

See Annotations for the New IEP PR-07 Form.

3301-51-07
(H) Definition of individualized education program
(2) Transition services - continued

(b) Beginning not later than the first IEP to be in effect when the child turns sixteen, or younger if determined appropriate by the IEP team, and updated annually, thereafter, the IEP must include:

(i) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and

(ii) The transition services (including courses of study) needed to assist the child in reaching those goals.

See Annotations for the IEP PR-07 Form.

No later than in the IEP that is in effect when the child turns 16, there must be measurable postsecondary goals in these areas:

1) Employment (or specific career);

2) Postsecondary education and training; and

3) Independent living, where appropriate

These goals must be based upon results of age-appropriate transition assessments and the needs identified in the present levels of academic achievement and functional performance.

Goals in these areas describe outcomes that will occur after the child leaves high school. "Measurable" in this context means that it can be easily determined by a "yes" or "no" response whether or not the child achieved the goal.

For example:

• Charlie will enroll in the Yoder Welding Academy after graduation from high school and will receive transportation training and support from the Bureau of Vocational Rehabilitation Services.
• Sally will obtain employment in the food service industry as a baker and salad chef after graduation from the Culinary Arts Program at the Buckeye’s Rule CTC.

IEP teams may be concerned about liability for children to attain goals the child is expecting to reach after he or she leaves high school. This issue is addressed in NSTTAC's Indicator 13 Q and A. An excerpt appears below. See www.nsttac.org for the complete Q and A document.

NSTTAC Indicator 13 Checklist Frequently Asked Questions and Responses

The following are Frequently Asked Questions regarding the NSTTAC developed Indicator 13 Checklist with Responses from NSTTAC that may help you as you consider the I-13 Checklist, available at www.nsttac.org. These responses were approved by OSEP on November 16th, 2006.

14. Can the goal be counted? In other words, you mean is it measurable? If it is stated as a measurable goal that occurs after children have left the LEA, I'm concerned about liability issues when children don't meet those state goals after high school.

Yes. If a postsecondary goal (an outcome that occurs after the child has left high school, not a process that occurs after a child leaves school) is stated in a manner that can be counted as occurring or not occurring, it is a measurable postsecondary goal. Statements that indicate what a child "will" do rather than "plans" or "hopes" to do, indicate measurable postsecondary goals.

NSTTAC staff are developing examples and non-examples for this item for training purposes. IDEA 2004 discusses the purpose of transition services as "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" (IDEA 2004, Part B, 614, [d][1][A][VIII]; §300.43[a][1]).

The Regulations, released August 14, 2006, also clarify the purpose of transition services as being "designed to meet (children's) unique needs and prepare them for further education, employment, and independent living" (§300.1[a]). IDEA 2004 does not require that LEAs are held accountable for the attainment of postsecondary goals. The stated measurable postsecondary goals are required components of transition planning. There are numerous mediating factors that positively or negatively affect an adult's acquisition of goals, for which a school could not be held accountable. The purpose of the legislation and this indicator is that a child's education program supports their goals beyond secondary school.

See Annotations for the New IEP PR-07 Form.

3301-51-07
(H) Definition of individualized education program
(2) Transition services

(b) Beginning not later than the first IEP to be in effect when the child turns sixteen, or younger if determined appropriate by the IEP team, and updated annually, thereafter, the IEP must include:

(ii) The transition services (including courses of study) needed to assist the child in reaching those goals.

In a child's IEP at age 14, transition services are more focused on those needed to assist the child in achieving success in the high school course of study. At age 16, transition services are determined by the IEP team with more of a focus on assisting the child with needs related to adult environments.

For example:

• The Ohio Rehabilitation Services Commission (ORSC) will provide mobility training with a mobility specialist two days per week for one hour each day. (This must be verified and approved through ORSC before the statement can be put in the secondary transition services and ORSC representatives should be invited to meetings where this is discussed.)
• A school district tutor will provide instruction for the driver’s training course two hours per week for a total of eight hours.
• The school district will provide course work in applied mathematics that is specially designed to enhance the child's employability skills related to a post-school goal of entering an apprenticeship in carpentry.

See Annotations for the New IEP PR-07 Form.

3301-51-07
(I) IEP team
(2) Transition services participants

(a) In accordance with paragraph (I)(1)(g) of this rule, the school district must invite a child with a disability to attend the child’s IEP team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under paragraph (H)(2) of this rule.

No later than the IEP that will be in effect when a child turns 14, the district is required to invite the child to attend the child’s IEP meeting and involve the him or her in the planning process for postsecondary goals and current secondary transition service needs.

3301-51-07
(I) IEP team
(2) Transition services participants

(b) If the child does not attend the IEP team meeting, the school district must take other steps to ensure that the child’s preferences and interests are considered.

When a child does not attend the IEP meeting, steps that can be taken to ensure that a child’s preferences and interests are considered. These include reviewing currently existing data, interviewing the child, or using any type of formal or informal age-appropriate transition assessment. (See information on Age-Appropriate Assessments at http://www.nsttac.org/pdf/trans_fact_sheet.pdf.)

Active child participation in IEP meetings can be encouraged by preparing the child in advance to take ownership of his or her post-school plans. (See information on Evidence Based Practices at www.nsttac.org.)

3301-51-07
(I) IEP team
(2) Transition services participants
(a) In accordance with paragraph (I)(1)(g) of this rule, the school district must invite a child with a disability to attend the child’s IEP team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under paragraph (H)(2) of this rule.
(c) To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, in implementing the requirements of paragraph (I)(2)(a) of this rule,the school district must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.

3301-51-07
(L)Development, review, and revision of IEP
(3) Failure to meet transition objectives
(a) If a participating agency, other than the school district, fails to provide the transition services described in the IEP in accordance with paragraph (H)(2) of this rule, the school district must reconvene the IEP team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.

These rules require the school district, through the IEP team and with permission of the parents and/or child (when 18 and above), to invite representatives of outside agencies that may be involved in providing transition services, or in providing adult-level services at a later date, based upon current needs. These agencies may include, but are not limited to, the county board of DD, Ohio Rehabilitation Services Commission (ORSC), Social Security Administration, Children’s Services, juvenile or family court and Job and Family Services. The purpose is to collaborate with these agencies to provide services as needed for the transition to post-school life.

If there is a possibility that the child would need transition services the school district cannot provide, the agencies that could provide or pay for these services should be invited, with the permission of the parents or child (if the child is 18 or older). This includes representatives from a career-technical education provider, the Social Security Administration, the county board of DD, Job and Family Services, Bureau of Vocational Rehabilitation Services, family courts, foster care or any other local agency that may provide services.

If a participating agency, other than the school district, fails to provide the transition services described in the IEP in accordance with paragraph (H)(2) of this rule, the school district must reconvene the IEP team to identify alternative strategies to meet the transition goals or services for the child set out in the IEP.

3301-51-07
(J) Parent participation
(2) Information provided to parents

(b) For a child with a disability, beginning not later than the first IEP to be in effect when the child turns fourteen, or younger if determined appropriate by the IEP team, the notice also must:

(i) Indicate that a purpose of the meeting will be the development of a statement of the transition services needs of the child; and

(ii) Indicate that the school district will invite the child.

(c) For a child with a disability, beginning not later than the first IEP to be in effect when the child turns sixteen, or younger if determined appropriate by the IEP team, the notice also must:

(i) Indicate:

(a) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with paragraph (H)(2)(b) of this rule; and

(b) That the school district will invite the child; and

(ii) Identify any other agency that will be invited to send a representative

Beginning with the IEP that is developed for a child that will turn 14 during the ensuing 12 months (or earlier if appropriate), the child, parents and other IEP team members must focus on activities and goals for the transition to high school and beyond. This means that a course of study must be developed and discussed in light of post-school plans and that transition services related to the course of study must be included in the IEP.

For the IEP in place when the child turns 16 (or earlier if appropriate), the transition component of the IEP must contain specific appropriate, measurable postsecondary goals that are based upon age-appropriate transition assessments. These measurable postsecondary goals will address the following three areas: employment (career goal), education and training (as required for the career goal), and, if appropriate, independent living goals. "If appropriate" means that the present levels of academic achievement and functional performance identifies needs that warrant goals in the area of independent living skills. Independent living skills may include communication, behavior, technology, interpersonal skills, problem solving skills, organizational skills, motor skills, mobility skills, money management and other skills needed to successfully manage the routines and requirements of everyday life.

See Annotations for the New IEP PR-07 Form.

3301-51-07
(J) Parent participation
(2) Information provided to parents

(c) For a child with a disability 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, the notice also must:

(i) Indicate:

(a) That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with (H)(2)(b) of this rule; and

(b)That the agency will invite the student; and

(ii) Identify any other agency that will be invited to send a representative.

3301-51-04
(M) Consent
(2) Except as provided in paragraphs (M)(2)(a) and (M)(2)(b) of this rule, parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this rule and 34 C.F.R. Part 300 (October 13, 2006)

(a) Parental consent, or the consent of an eligible child who has reached the age of majority under Ohio law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with rule 3301-51-07 of the Administrative Code.

(b) If a child is enrolled, or is going to enroll in a nonpublic school that is not located in the school district of the parent’s residence, parental consent must be obtained before any personally identifiable information about the child is released between officials in the school district where the nonpublic school is located and officials in the school district of the parent’s residence.

As stated in the requirement.