Federal and State Special Education Transition Planning Provisions

Learn about federal and state special education transition planning provisions.

Special Education Federal Law

The Individuals with Disabilities Education Act (IDEA) requirements:

• The federal statute on transition planning [Title 34 CFR 300.43(a)] defines “transition services” as a coordinated set of activities for a child 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 child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, and community participation.
• When the student turns 16 or younger (depending on the state/jurisdiction), “the IEP must address transition requirements based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests, and includes – (i) instruction; (ii) related services; (iii) community experiences; (iv) the development of employment and other post-school adult living objectives; and (v) if appropriate, acquisition of daily living skills and provision of functional vocational evaluation.”
• IDEA does not include health or health care activities as part of post-secondary transition goals. However, states/jurisdictions can include involving health care representatives or adding IEP transition goals and activities focused on health and health care as part of their post-secondary education, employment, and independent living goals into their state/jurisdiction statute, administrative rules, or other mechanisms. States have the option of integrating health care into IEP transition planning.

Extended special education transition for students ages 18 to 22:

• Extended transition supports are available for students with a disability who have not graduated/exited from high school and have an IEP that calls for continued special education and an approved vocational program or similar services. 
• Extended Supplemental Security Income (SSI) disability benefits and SSI payments are also available if the youth, ages 18 through 21, is participating in an approved program of special education, vocational rehabilitation, or similar services until they stop participating in or complete the program. Under Section 301, the youth must be participating in the program a month before the age-18 redetermination. This SSI extension affords the youth continued disability payments and Medicaid eligibility.

State laws and regulations

• Each state and jurisdiction has statutes and administrative codes that outline state-specific provisions for special education, including transition planning, which can exceed federal requirements. For example, many states/jurisdictions have lowered the age for special education transition planning from age 16 to age 14 and in a few states/jurisdictions, to age 12, enabling them to have more time to plan for transition.
• The following steps describe how to review your state/jurisdiction’s laws and regulations on special education. This background research will help you to identify what state laws and regulations are in effect that reference, health and health care, if any. 
  
  1. Click here for a complete list of all federal and state special education laws and regulations
  2. Identify the section on special education transition planning or post-secondary transition services
  3. Looking at the state/jurisdiction statute, consider these questions as you review the section: 
  4. Is there any reference made to health or health care or health insurance?
  5. What about supported decision-making? 
  6. Under what domain is transition included (e.g., post-secondary education, employment, independent living, other)?
  7. Is there any reference to a transition interagency workgroup that may include the state/jurisdiction’s Department of Health?
• Looking at the regulations related to special education transition planning, consider the same questions as above.