The Importance of Providing Transitional Services to the Special Needs Population

1. The Importance of Providing Transitional Services to the Special Needs Population Matt Cohen, Esq., Monahan & Cohen Chad Kollross, Hopewell School Will McDermott, Hopewell Career Academy

2. Transition – the Big Enchilada • Goal of IDEA is to promote maximum independence in adulthood • Goal of transition plan is to promote maximum transition plan in adulthood • Transition plan must address child’s interests, aptitudes, plans regarding education, career, housing and community involvement

3. The 2004 Congressional Finding: • “Almost 30 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by- • (A) having high expectations for such children and ensuring their access to the general education curriculum in the regular classroom, to the maximum extent possible, in order to – • (i) meet developmental goals and, to the extent possible, the challenging expectations that have been established for all children; and • (ii) be prepared to lead productive and independent lives to the maximum extent possible (20 U.S.C. Sec. 1401 (c)(5)

4. Expanded Clarity for Transition • Expands requirements for transition plans to include “appropriate measurable postsecondary goals based upon age appropriate transition assessments including training, education, employment and, where appropriate, independent living skills” • Transition services (including courses of study) needed to assist the child to reach those goals. • (1414(d)(1)(A)(i)(VIII))

5. Assessment • Assessment must include all areas of transition planning relevant to the particular student, including academic, vocational, life skills, etc. • Assessment must be based on age-appropriate assessment tools • Assessment must all address the student’s interests and aptitudes (what they are able to do or are relative strengths)

6. Course of Study • Course of study includes the courses the student will likely need in order to pursue the identified transition path, e.g., if the student wishes to go to college (and that is realistic), the course of study must allow for the student to have the classes needed to meet college entrance requirements • Course of study also can include the generic skills necessary to function in the desired transition path, e.g., how to apply for a job, time management, etc. • Course of study may also include remediation in areas where the student needs help that are necessary to accomplish realistic post-secondary goals

7. Timing of transition planning: • Per IDEA 2004, must start transition planning and services when child is 16. • Under Illinois law, transition planning begins at 14 1/2

8. New Rule on Parent Participation • Student has a right to complete a Delegation of Authority to parents upon turning 18. • Ill. Statute provides a form for this purpose • Student may revoke the delegation at any time. • School must advise the parents and student of the delegation procedure.

9. REMEMBER - • IDEA 2004 requires measurable post-secondary goals • This is a radical approach to IEP planning • Goals should be developed in each area of need • Goals should have a monitoring and evaluation procedure comparable to that used for goals and objectives

10. Who pays for services? • Other agencies may be responsible for services. • If the district believes other agencies should provide services, they must be invited to the transition meeting. • If other agencies are identified to provide service, make sure to include a short review date to insure that they have agreed to provide service, with a reconvened IEP if needed if the other agency refuses • But if other agencies fail to provide service, school must reconvene to provide other ways to provide service.

11. Grades and Credits Do NOT Equal Provision of FAPE • IDEA 2004 provides that a child is entitled to a free appropriate public education (FAPE) even if the child is receiving passing grades, progressing from year to year, or has not been retained from progressing to the next grade level (34 CFR Sec. 300.101(c))

12. Significance of high school evaluation for test and college accommodations. • Evaluations critical and critical early rather than late. • LD/AD/HD distinction. Fundamental alteration. • Three year reevaluation if parent insists - Junior and Senior year • High school transcripts cannot flag disability

13. The 2004 Summary of Performance Requirement • When a child is graduating or aging out of high school, the school “shall provide 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 postsecondary goals. • 20 U.S.C. Sec. 1414(c)(5)(B)(ii)

14. Forms of Transition Remedies • School-based services • Community college of vocational school services (Willie G.) • Private remedial services (Calumet City case) • Formal or informal escrow accounts • Money damages

15. Change… • The WAY we instruct our students. • OUR expectations of our students. • The SERVICES we offer our students. • The way home school districts VIEW their special needs population and the nonpublic schools that serve them.

16. The Way We Instruct • Add relevance to the curriculum. • Assess and utilize the students’ preferences and interests. • Integrate career goals + therapeutic goals + academic goals + daily living goals = Sustained Successful Independence for Students • Move your classrooms into the community.

17. Our Expectations • What we expect from students is usually what we get. • Even with a disability, we expect students to be self-sufficient, prepared for employment, prepared for secondary education, independent, and happy. • Tell students someday they will be a husband, a mother, an attorney, a toll booth operator, a school board president, a therapist, a friend, a church member, President, etc. • We don’t just expect students to just graduate from our school, we expect them to be happy, productive people who lead purposeful lives.

18. The Services We Offer • We represent schools with some room for innovation, chance to try new strategies. Seize this opportunity. • Hire a job developer, a job coach, an OT, a vocational rehab specialist instead of another behavior specialist. • Experiment on what you can offer. Assess your program and plan your budgets based upon your data.

19. The District Perspective • Celebrate your students as success stories. • Share this with the home district. • CHANGE the way the districts look at their “problem” students. • Offer to help home districts change their approach to transition with special needs students. • Challenge districts to join you in your efforts. • Transitions back to home districts should be more successful.