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Changes to Administrative Rules Impacting Secondary Transition Revised 12/15/09

Changes to Administrative Rules Impacting Secondary Transition Revised 12/15/09 Florida Department of Education Dr. Eric J. Smith, Commissioner.

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Changes to Administrative Rules Impacting Secondary Transition Revised 12/15/09

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  1. Changes to Administrative Rules Impacting Secondary Transition Revised 12/15/09 Florida Department of Education Dr. Eric J. Smith, Commissioner

  2. The following slides were excerpted from Bambi J. Lockman’s presentation at the Project 10: Transition Education Network Spring Institute on April 22, 2009. These slides address changes to Florida’s Administrative Rules impacting secondary transition. • The slides were revised to include subsequent changes to rules on December 15, 2009.

  3. Changes to Administrative Rules Impacting Secondary Transition Florida Statutes and State Board of Education Rules: Excerpts for Special Programs (Vol. I-B) 2008

  4. 6A-6.03411 • Name changed from “Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students” to “Definitions, ESE Policies and Procedures, and ESE Administrators”

  5. Definition of Transition Services… “a coordinated set of activities for a student 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 student with a disability to facilitate the student’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; and Rule 6A-6.03411(1)(nn), F.A.C.

  6. …Definition of Transition Services… • Is based on the individual student’s needs, taking into account the student’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 the provision of a functional vocational evaluation, and Rule 6A-6.03411(1)(nn), F.A.C.

  7. …Definition of Transition Services • Transition services for students with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a student with a disability to benefit from special education. Rule 6A-6.03411(1)(nn), F.A.C.

  8. 6A-6.03028 • Name changed from “Development of Individual Educational Plans for Students with Disabilities” to “Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities”

  9. No Longer Required for Students Ages 14 and 15 • Desired Post-School Outcome Statement

  10. Notice: Ages 14 and 15 • Must indicate that • A purpose of the meeting will be identifying transition services needs of the student • The district will invite the student Rule 6A-6.03028(3)(b)4., F.A.C.

  11. Student Participation • Students should participate in all cases where a purpose of the meeting will be the identification of the student’s transition services needs or consideration of postsecondary goals for the student and the transition services needed to assist the student in reaching those goals. • If the student does not attend the Individual Educational Plan (IEP) meeting to identify transition services needs or consider postsecondary goals and transition services, the school district shall take other steps to ensure that the student’s preferences and interests are considered. Rule 6A-6.03028(3)(c)7., F.A.C.

  12. Content: Ages 14 and 15… • During the student’s eighth (8th) grade year or the school year of the student’s fourteenth (14th) birthday, whichever comes first, a statement of whether the student is pursuing a course of study leading to a standard diploma or a special diploma. Rule 6A-6.03028(3)(h)8., F.A.C.

  13. …Content: Ages 14 and Older • IEP Teams shall begin the process of identifying transition services needs of students with disabilities, to include consideration of the student’s need for instruction or the provision of information in the area of self-determination to assist the student to be able to actively and effectively participate in IEP meetings and self-advocate, beginning no later than age fourteen (14), so that needed postsecondary goals may be identified and in place by age sixteen (16). Rule 6A-6.03028(3)(h)9., F.A.C.

  14. No Longer Required for Students Ages 16 and Older • Identification of an IEP team member or designee to follow-up with agencies and verify the provision of services by other agencies to the student • No services needed statements for transition services (instruction, related services, community experience(s), employment, post-school adult living, and, if appropriate, daily living skills and functional vocational evaluation)

  15. Notice: Ages 16 and Older • Must indicate • That a purpose of the meeting will be consideration of the postsecondary goals and transition services for the student • That the district will invite the student • Any other agency that will be invited to send a representative to the meeting Rule 6A-6.03028(3)(b)5., F.A.C.

  16. Agency Participation • To the extent appropriate and with the consent of the parents or a student who has reached the age of majority, the school district shall invite a representative of any participating agency that may be responsible for providing or paying for transition services. • Parental consent or the consent of the student who has reached the age of majority must also be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services. Rule 6A-6.03028(3)(c)8., F.A.C.

  17. Clarification on Consent • To invite an agency to an IEP meeting, “…a separate consent must be obtained from the parents or a child who has reached the age of majority for each IEP Team meeting, conducted in accordance with 34 CFR §300.320(b), before a public agency can invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services to attend the meeting.” February 6, 2009, Memorandum and OSEP Letter

  18. Content: Ages 16 and Older… • Measurable postsecondary goals based on age-appropriate transition assessment • Training or Education • Employment • Independent Living (where appropriate) • Annual goal(s)or short-term objectives or benchmarks that reasonably enable the student to meet the postsecondary goals CFR 300.320(a)(2)

  19. …Content: Ages 16 and Older • Transition services (including courses of study) to assist the student in reaching those goals • Instruction or the provision of information in the area of self-determination Rule 6A-6.03028(3)(h)9.a.b.c., F.A.C.

  20. Reconvene • If a participating agency responsible for transition services, 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. Rule 6A-6.03028(3)(h)9.a.b.c., F.A.C.

  21. Transfer of Rights • The Transition IEP for a 17-year-old includes a statement that the student has been informed of the rights that will transfer at age 18. 34 CFR 300.320(c); 34 CFR 300.520(a)(1) • A separate and distinct notice of the transfer of rights was provided closer to the time of the student’s 18th birthday. 34 CFR 300.320(c); 300.520(a)(1)

  22. 6A-6.0331 • Name changed from “Identification and Determination of Eligibility of Exceptional Students for Specially Designed Instruction” to “General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of Exceptional Education”

  23. Reevaluation and Summary of Performance • “Reevaluation is not required for a student before the termination of eligibility due to graduation with a standard diploma or exiting from school upon reaching the student’s twenty-second (22) birthday. • The district must provide the student with a summary of academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the postsecondary goals. Rule 6A-6.0331(8)(f), F.A.C.

  24. Questions?

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