Basic rights transition planning

1. INFORMING, EDUCATING, EMPOWERING FAMILIES 617-236-7210 | www.fcsn.org | fcsninfo@fcsn.org Basic Rights: Transition Planning Parent Training and Information Center
2. The Federation for Children with Special Needs promotes quality education, parent participation and access to quality health care services for all children, especially those with disabilities. The Parent Training and Information Center is a project of the Federation. It provides free information, support, technical assistance and affordable workshops to families who have children with disabilities and the professionals who work with them. Workshop contents were developed under a grant from the US Department of Education. However, the contents do not necessarily represent the policy of US Department of Education; you should not assume endorsement by the federal government.
3. Workshop Objectives • Summarize the legal rights to transition services • Utilize the transition planning process to identify student’s vision • Participate in developing a transition plan with the IEP team • Outline potential services and supports needed after graduation Participants will be able to:
4. A Guiding Principle “The purpose of IDEA is to ensure that all children with disabilities have available to them a free and 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...” 20 USC §1400(d)(1)(A)
5. A Legal Basis for Transition Planning IDEA 2004 Beginning in 1990, the Individuals with Disabilities Education Act (IDEA) required transition services for all children with disabilities- 20 USC §1400 (d)(1)(A) M.G.L. c.71B – MA Special Education Law M.G.L. c.688 – “Turning 22” Law Rehabilitation Act of 1973 (Amended in 1992 and 1998) Creates the framework for a nationwide service system intended to support the transition from school to work - 29 USC §1701 Workforce Innovation and Opportunity Act of 2014 (WIOA)
6. Who is Eligible for Transition Services? In Massachusetts, students  between the ages of 14-22 (or younger if determined appropriate by the IEP Team)  who receive special education services (IEP)  of all disability types Transition!!
7. What is Transition Planning? Transition is about Planning for Life after high school, and the IEP team should consider: • Academic and non-academic courses • Employment and related training opportunities • Independent and community living
8. Academic and Non-Academic Courses • Students in the first 4 years of high school should pursue an academic course load to be able to graduate with a regular high school diploma. • Students should use electives to pursue interests such cooking, technology, etc. • Not every student will complete the districts local requirements in 4 year. • Tip: read your local high school handbook for information on district requirements for graduation.
9. Employment and Training For students ages 14-22 the team should discuss employment objectives: • Talk about work – students should understand what knowledge, skills, and training is needed for employment. • Students should consider internships and volunteering. • Soft skills, interviewing, applications, resume should be worked on while in school. • Tip: work on self-determination and disability disclosure early!
10. Independent and Community Living • Students should work on social skills development in school. • Learn to independently access community resources – library, YMCA, Independent Living Center, etc. • Financial literacy – debit card! • Understanding healthcare needs – doctor, prescriptions, daily exercise, etc. • Transportation – T, bus, Lyft/Uber • Recreational opportunities – social life! • Safety skills – in the community and online. • Tip: students should understand their social media footprint.
11. Why is Transition Important?
12. Why is Transition Important? *The information above is take from the 2016 Disability Statistics Compendium, developed by the Rehabilitation Research and Training Center on Disability Statistics and Demographics at UNH.
13. Transition Planning is Driven by the Students’ Vision Sports Recreation and Social Activities Personality shy/outgoing Job or Volunteer Activities Likes/ Dislikes Favorite Things What do you want to be when you grow up? Where are you going to live? What do you want to do for fun?
14. What will they do all day? Where will they live? How will they get around? What government assistance do they qualify for? Who will pay for their expenses? What will happen when I can no longer care for them? Family Discussions before age 22
15. The IEP must include “ …appropriate measurable post-secondary goals based upon age appropriate transition assessments related to training, education, employment and where appropriate, independent living skills; …” [20 U.S.C. §1414 (d)(1)(A)(i)(VIII)]] How do you answer these questions? - You May Need to Collect Data on Student Skills
16. Sample Questions that Drive Assessment:  Can my student learn to drive?  Can he work more than 4 hours during an average work day?  Can she write an 5 paragraph essay for a college application?  Can she navigate on the bus to the gym independently using her phone?  Can he work in a group?  Can she follow multi-step directions?
17. 1. Review the Transition Planning Form. 2. Discuss what interests your student has, what further education or jobs they might be interested in. 3. Talk to student about how they will participate. 4. Make a list of questions. 5. Ask about transition assessments done by the school. 6. Learn about graduation requirements. How to Prepare for the Transition Planning Meeting
18. The Team should discuss and complete the TPF before completing the IEP Form. 1. Post-Secondary Vision considers the student’s preferences, interests and the desired outcomes for education/training, employment and adult living. 2. Disability Related Needs addresses disability-related skills that require IEP goals and/or related services. 3. Action Plan outlines how student can develop skills to be prepared both academically and functionally to meet their vision for the future and who will support them. Transition Planning Form (TPF)
19. • Provide opportunities to help student develop skills needed to become independent • Assist student in developing a vision of what student wants to do in life Parent’s Role in Transition Planning EXAMPLES– visit places in the community where student could volunteer, support extra-curricula activities and clubs, use professional connections to help youth identify real world career opportunities, practice soft skills with youth
20. • Participate in IEP Meeting at age 14 or earlier • Develop their own vision statement to share at the IEP meeting • Identify their strengths, preferences and interests • Take courses to prepare them for postsecondary goals • Identify career options that match their interests and strengths/skills • Set goals, aim high – sustain motivation Student’s Role in Transition Planning
21. Making choices and decisions based on own preferences and interests is self-determination. Self-advocacy is giving a voice to those choices. These skills need to be taught and practiced • in school • at home, and • in the community Need opportunity to problem-solve, make mistakes and advocate for oneself. Self-Determination and Self-Advocacy
22. Transition in the IEP 1. Vision Statement (IEP 1) 2. PLEP A - General Curriculum (IEP 2) academic accommodations and specialized instruction 3. PLEP B - Other Educational Needs (IEP 3) Extra curriculum activities, Social/Emotional needs, Assistive Technology, Travel Training, Behavior, Nonacademic activities, Skill development related to vocational preparation 4. Measurable Annual Goals (IEP 4) Should align with student’s post - secondary outcomes and disability related needs IEP is the legal document; nothing on TPF is mandated to occur, TPF is a planning tool
23. 5. Additional Information (IEP 8) Include the following transition information: • the anticipated graduation date; • the discussion of transfer of rights at least one year before age of majority; • a statement of interagency responsibilities or needed linkages; and • a recommendation for Chapter 688 Referral. Document efforts to obtain participation if a parent and if student did not attend meeting or provide input. Additional Transition Issues to be considered by an IEP team
24. Anticipated Graduation Date IEP &TPF Form both include: Anticipated Date of Graduation • Graduation = When student receives state standard diploma OR turns 22. • To earn a state standard diploma, student must • Meet Competency Determination (Pass all 3 MCAS tests) AND • Meet all local requirements • All students allowed to participate in high school graduation ceremonies and activities. M.G.L. c.71B §16
25. Chapter 688 Referral Massachusetts “Turning 22 law” enacted in 1984 to address transition planning needs of students with significant disabilities who will need adult services. (one referral per student)  Unable to work more than 20 hours per week w/out supports  Two year planning process  School makes the referral to Adult Human Service Agency  State Agency develops an Individualized Transition Plan (ITP) 688 is NOT: Continuation of Special Education Adult Eligibility Determination Entitlement to adult services
26. Adult and Community Agencies Adult service agencies and community providers can have a role in transition planning, and can offer services that complement the transition services that the school provides. • State agencies include: • Massachusetts Rehabilitation Commission (MRC) • Department of Developmental Services (DDS) • Department of Mental Health (DMH) • Community agencies include: • Arc (regional) • Easterseals Massachusetts • Partners for Youth with Disabilities (PYD) • Independent Living Centers (regional)
27. Age of Majority Law – At least one year prior to the student reaching age 18 the student and the parent must be informed about the rights that will transfer from the parent to the student – The IEP written when the student is 17 must include a statement that the student has been informed about the rights they will have when they turn 18 Advisory: Age of Majority http://www.doe.mass.edu/sped/advisories/11_1.html
28. In the eyes of the law, at age 18, the student is presumed to have the capacity to make informed legal, financial and healthcare decisions. At age 18, all of the decision-making rights in special education transfer to the adult student. Age of Majority – Transfer of Rights
29. Supported Decision-Making and Guardianship What are your students strengths and what supports to they need to live as independently as possible? Options of Supports from Least to Most Restrictive: •Joint/Custodial Bank Accounts •Trusts •Representative Payee •Durable Power of Attorney for Property •Advocate •Health Care Proxy •Conservatorship •Guardianship
30. When you have a conflict … Procedural Safeguards and “Due Process” Rights *if civil rights violation Voluntary Alternative Dispute Resolution Procedural Violations & Enforcement Issues Due Process PRS Problem Resolution System 781-338-3700 OCR* Office for Civil Rights 1-800-421-3481 Mediation 617-626-7291 Facilitated IEP Meeting 617-626-7250 BSEA Hearing 617-626-7250 Resolution Meeting
31. A Continuum of Options There is not one right pathway and with acquisition of skills, an individual can move into new opportunities.
32. Stay Informed about Transition • Join the Conversation! FCSNTransition Listserve – a free Yahoo group for parents and professionals fcsntransition-subscribe@yahoogroups.com Facebook – Massachusetts Transition to Adulthood • Learn More! FCSN’s The LINK Center website www.fcsn.org/linkcenter DESE Secondary Transition website http://www.doe.mass.edu/sped/secondary- transition/
33. Planning a Life Transition planning conference over two days with information and resources for families, educators and professionals. Topics include: • Creating a Vision for life beyond High School • Understanding the Law • MA DESE Transition Planning Form • Transition Based IEP Goals • Transition Assessments • Employment: Let’s Talk about Work! • Next Steps: Connecting to Supports and Services as a Young Adult • Community connections • Family Involvement • Graduation Issues: Diploma, MCAS, and more!!! Conference is fee based - Registration is required as space is limited. For current dates and more information - http://fcsn.org/linkcenter/pal
34. See also: http://thearcofmass.org/resources/transition/ Timelines can be valuable planning tools
35. More Transition Resources A Family Guide to Transition Services in Massachusetts http://fcsn.org/transition_guide/english.pdf http://fcsn.org/transition_guide/spanish.pdf Transition Planning Form http://www.doe.mass.edu/sped/28MR/28m9.pdf DESE Technical Assistance SPED Advisories: http://www.doe.mass.edu/sped/advisories/?section=tech
36. Contact our Call Center 617-236-7210 Visit our website www.fcsn.org Email Us info@fcsn.org Follow Us on . . . How Can We Help You?

Notas

Purpose of the Slide: Welcome Attendees
Notes to presenter: Introduce yourself as the presenter
Maybe do room introductions quickly to get an idea of who the audience is….. Parents, educators, other professionals
Talking points:

Purpose of the Slide: Explain what will be covered – general topics – in the workshop
Notes to presenter:
Talking points:
Can read through list or just make a general statement of “here is what will be discussed”

Purpose of the Slide: State general purpose as a framework
Notes to presenter: This is the first and BEST paragraph in IDEA! It supports EVERYTHING you will talk about. It reinforces the IDEA that school is not just EDUCATION, but EMPLOYMENT and INDEPENDENT LIVING
This is not the Federation’s interpretation but the language of IDEA.
Read the quote and note the citation in IDEA.
Talking points:
Focus on the bold text:
The goal of public education for students with disabilities is prepare them for transitioning to further their education, employment and life skills.
Transition is FAPE for students with disabilities on an IEP.
The THREE BIG areas of need. The THREE Transition goal areas.
EDUCATION
EMPLOYMENT AND
INDEPENDENT LIVING
Each of the three BIG areas are critically important to each other. Every IEP should reflect appropriate goals in each of these three areas as determined necessary.

Purpose of the Slide: Review that transition planning is supported by federal and state laws.
Talking points: Page highlights key laws that impact transition services, but we are just providing an overview and not getting into the law details.

IDEA- 1990 requires transition services are provided to students with disabilities
MA Law- Specific to MA, so more focused and includes younger students starting at 14
Turning 22/ Ch. 688- talk more about it later but it is a referral process for some students to get referred to an adult service agency to receive supports beyond high school.
Rehab act- prohibits discrimination on the basis on disability both in school and employment- for example section 504 to support accommodations.
WIOA- law on July 22, 2014. WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. Pre-employment transition Services (PETS) specifically to increase for youth with disabilities – 15% of MRC funding to go to PETS projects.

Purpose of the Slide: Defines who is eligible for transition services
Notes to presenter:
Talking points:
Highlight bullet points
Note – those on 504 plans are NOT eligible
OK to start younger (students in DCF custody may exit system at age 18 – best to start as early as practical)

Purpose of the Slide: Define what is meant by “transition”
Notes to presenter:
Talking points:
Helping young adults to build their vision
Emphasizing the importance of planning and preparation here
Opportunity to comment on difference between school being an entitlement and how adult services are more limited
An on-going process
Experiences both in school, at home and in the in the community
Opportunity to develop skills

Presenter can talk about the MRC pre-ETS programs as a way for students to gain employment related experience.

Purpose of the Slide: Help audience understand why planning for the future is so important, the statistics are grim for people with disabilities
Notes to presenter:
Talking points:
Just read some or all of the statistics
Point out that the data shows significant challenges for young adults with disabilities and how transition can help prepare young adults and hopefully influence their success

With family informal

Purpose of the Slide: Getting people thinking about the future and importance of planning.
Notes to presenter:
Talking points:
Pose these questions to highlight there are many things to think about for when your student leaves the school system.
Follow up with the LINK Center with specific questions or find more workshops that cover these topic areas.
Suggest don’t think about all these questions at once- use a transition timeline and remember one step at a time and BREATHE.

Purpose of the Slide: Transition Assessments can help student/family assess if future vision is attainable – what skills need to be developed- or help to define what it is that someone wants to do or can do
Notes to presenter:
Talking points:
A strategy to help learn more about the student if they are lacking some self-determination/advocacy skills is through transition assessment….(help with moving from last slide)
Transition Assessment is a crucial element to transition planning in helping to figure out what services are appropriate.
What do you need to know about the student?
No one magic test
Assessment chosen should support student’s learning style
Individualized per student
On going process during the high school years

Purpose of the Slide: Questions to help define the types of assessments for a student – What do you need to know about student in order to plan
Talking points: Who is the student? (i.e., what are the student’s needs and strengths)
Who does the student want to be, or what does the student want to do? (i.e., what are the student’s preferences and interests)
What is the fit between the student and the requirements of the educational, employment, and living environments into which the student plans to move?
What skills, strengths, interests, personal attributes, and accomplishments does the student currently have that will contribute to his/her postsecondary success?
What skills and strengths will the student need to acquire in order to achieve his/her desired postsecondary outcomes?
Given the student's disabilities, what supports and services will be necessary for the student to progress towards achieving his/her postsecondary goals?
What experiences will they require in high school to be successful in their future employment and post secondary settings?
What needs do they have in self-determination, financial literacy, assistive technology, etc?

Purpose of the Slide: Helpful advice to think about the meeting beforehand- prepare notes/documents/questions
Notes to presenter:
Talking points:
Make sure the team discusses a graduation date so the everyone is aware when the student will be leaving school. Even if you are not sure- a discussion is warranted
Think about how the student could participate in the meeting. Make a short presentation, collage, portfolio, video?

Purpose of the Slide: Review the handout/form
Notes to presenter:
Talking points:
The TPF is a flexible, brainstorming tool
Should be completed BEFORE drafting IEP – see DESE Advisory http://www.doe.mass.edu/sped/advisories/13_1ta.html
“When developing annual IEP goals for Transition, the team should discuss and complete the TPF before completing the IEP form. “
Go through each section – text on form is informative
A clear and direct link should exist between the student's annual IEP goals and his/her postsecondary goals as delineated in the Vision section of the TPF and IEP.

Purpose of the Slide: Families should be involved – important to the process
Notes to presenter:
Talking points:
Make community connections
Help with planning around the transition timelines and systems of support, but encourage young adults to be self-determined (ex: Social security, housing, health care…..)

Purpose of the Slide: Student should own a piece of the planning process
Notes to presenter:
Talking points: The more students are engaged in planning their own futures, the more promising those futures are likely to be.
The more experiences youth have, the more they:
understand themselves, including their likes/dislikes
develop a bigger and more detailed vision
grow in confidence
acquire new skills
become known in your community
Developing a Portfolio can help them to prepare to participate and allows them to share their stories, experiences and expectations. A student’s portfolio begins to document life’s journey.
Portfolios can also be useful as the student applies to community service, postsecondary and/or work environments.
Portfolios also foster feelings of self worth as students ‘see’ their accomplishment and documents their successes.

Purpose of the Slide: To emphasize the need for self-advocacy skills, to empower students to take more control over their own lives.
Notes to presenter:
Self-advocacy skills are essential; they are the key to a student’s successful independence and interdependence.
It is important that self-advocacy goals include identifying a problem/issue/concern as well as someone who can help address or resolve that issue.
Without these skills the student can become lost and overwhelmed.
Talking points:
Remember the VISION drives the TRANSITION process! It is the most important force behind the development of meaningful transition goals and a truly student driven process.
IDEA encourages the involvement of students with disabilities in decisions regarding their own future to facilitate a more student-centered transition plan. Students need to be actively involved and when ready, lead transition planning if they have sufficient preparation and support. —it is their life being planned.
Resource: http://www.doe.mass.edu/sped/advisories/2016-2ta.pdf

Purpose of the Slide: Providing a little background on the IEP and where transition should go
Notes to presenter:
Talking points:
Transition should read throughout the IEP. There are not Transition IEP goals- the WHOLE IEP is Transition!!!!!

You should be able to pick up an IEP and without looking at age of student know that the student is 14-22

Purpose of the Slide: Highlighting the end of services- students exiting special education
Notes to presenter:
Talking points:
No services are guaranteed after this!!- Based on disability related needs and eligibility

Summary of Performance - The law requires that "the public agency provide a summary of academic and functional performance, including recommendations to assist the student in meeting postsecondary goals, for students whose eligibility terminates because of graduation with a regular high school diploma or because of exceeding the age eligibility for FAPE under State law" (§300.305[e][3]).

SOP Resroiuces: http://www.nsttac.org/content/summary-performance-resources

Purpose of the Slide: Graduation and MCAS requirements
Notes to presenter:
Talking points:
Graduation means exit from high school not receiving a diploma
Anticipated Date of Graduation – make sure you are on the same timeline as the school district!

Competency Determination - http://www.doe.mass.edu/lawsregs/603cmr30.html?section=03

MCAS - http://www.doe.mass.edu/mcas/graduation.html

Educational Proficiency Plans - http://www.doe.mass.edu/ccr/epp/

An Educational Proficiency Plan (EPP) must be developed for any student who does not meet or exceed the Proficient level (score of 240) on the grade 10 ELA and/or Mathematics tests. http://www.doe.mass.edu/ccr/epp/

Purpose of the Slide: The Referral form- show a copy (simple one page form)
Notes to presenter:
Talking points:
Make sure it is clear this is a process of referral- not an application. Follow up must occur with actually apply for adult services.
Anyone can apply without a Chapter 688 referral from the school
The school does not take care of this process for you always- make sure you ask and follow up!
This is now online! School will make the referral.

Purpose of the Slide: Highlighting some of the big changes at 18
Notes to presenter:
Talking points:
You are just touching on the topic and then you can talk about how the FCSN offers workshops on these topics or other organizations for more information.

Age of Majority - http://www.parentcenterhub.org/repository/age-of-majority-parentguide/

Guardianship - FCSN YouTube #18 - Guardianship and the Alternatives with Attorney Hilary Dunn of DLC
https://www.youtube.com/playlist?list=PLoxXvZyVuP_adWcRy3LZwyeKvtPD2I89v

Selective Service - https://www.sss.gov/Home/Registration
SSI - http://www.mass.gov/eohhs/consumer/basic-needs/financial/ssi-ssdi/
Section 8 – new video from Autism Housing Pathways - http://18section8.org/

Purpose of the Slide: Guardianship and the Alternatives discussion
Notes to presenter:
Talking points:
Talk about the continuum of options and that guardianship is certainly not for everyone, especially as we encourage our youth to be more self-determined.
This is an area where families need to follow up with more workshops- there is a webinar online FCSN on guardianship with Hillary Dunn that they can watch to learn more.

Talking points:
Procedural Violations and Enforcement Issues
Contact Problem Resolution System (formerly PQA) to file a complaint, occurring less than 1 year prior to date of complaint, about: 1. not receiving procedural protections required by law;
2. educational services provide for all students; and
3. services required by the IEP.
Contact Office of Civil Rights (OCR) to file a complaint about discrimination in education programs on the basis of race, color, national origin, sex, disability, and age.

Alternative Dispute Resolution Options under BSEA
Facilitated IEP Team Meeting is a voluntary process that can be used when parties to an IEP meeting agree that presence of a neutral third party would assist them in communicating so they can successfully draft an IEP for a student.
Mediation is an informal process with a neutral third-party mediator present to help parents and school work out a resolution of difference. If an agreement is reached, it will be reduced to a written document. Both parties must agree to participate in mediation. It can be requested at any time. Discussions and offers during mediation are confidential and cannot be used in any subsequent proceedings; however any agreements reached in mediation are legally binding.

Due Process
BSEA hearing: A parent or the school district may file a written request for a due process hearing with the Bureau of Special Education Appeals. Hearings are used to resolve disagreements about the identification, evaluation, educational placement, or provision of a free appropriate public education in the least restrictive environment (FAPE in the LRE) to a child who needs or is suspected of needing special education and related services. A BSEA hearing officer, who is an attorney, conducts the hearing. It is not required that a parent be represented by an attorney. However, the school district is typically represented by an attorney.
Resolution Meeting: School district must hold a resolution meeting within 15 calendar days of receiving notice of a parent’s BSEA hearing request. Resolution meeting is an opportunity to resolve issues listed in hearing request. Meeting must take place unless parent and school district agree in writing not to have meeting, to use mediation, or use other settlement options. These other options include a pre-hearing conference with hearing officer, or a settlement conference with director of BSEA, which are typically available when the parties are represented by attorneys.

Purpose of the Slide: Reviewing all of the Options in Education, Employment and Ind. Living
Notes to presenter:
Talking points:

There is not one right pathway and with acquisition of skills , an individual can move into new opportunities.

Purpose of the Slide: More resources – how to learn more about the topic of transition
Notes to presenter:
Talking points:

FCSN Transition Listserve is a free Yahoo group – can get daily emails, weekly digest or just view online

New LINK Center website just coming online

DESE new website debut in Fall 2015

Purpose of the Slide: Introduce our 2-day conference
Notes to presenter:
Talking points:

Learn more about transition!

Takes place 3 times per year throughout the state

Fee-based workshop but some scholarship opportunities

Can register online

Purpose of the Slide: Examples to assist families in planning
Notes to presenter:
Talking points:
Timelines are one of the best resources for families to understand that transition is beyond the classroom. Families will often find that schools can not help families with all the systems involved in the transition process….that is why starting early and planning ahead is important.

Purpose of the Slide: Share some resources
Notes to presenter:
Talking points:

The Family Guide is available online in both English and Spanish

You can access the Transition Planning Form at http://www.doe.mass.edu/sped/iep/
(English Version, Spanish Version, Portuguese Version, Haitian Creole Version, Chinese Version

Purpose of the Slide: FREE Call Center
Notes to presenter:
Talking points:

Get answers to your questions

Also can contact the LINK Center!

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