spring 2014 all things considered - transitions

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All Things Considered

All About Transition

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What We’ll Cover . . . Transition

To Preschool From Preschool to Elementary School From Elementary School District to High School

District From High School to Postsecondary Activities From NPS to Public School Other Transitions

For each topic, we’ll discuss: Law Cases Practical pointers

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I. Transition to Preschool

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Who?Children participating in early childhood

special ed services moving to a district preschool program

When? IEP must be developed by the child’s third

birthday; transition planning conference held before child is 2 years 9 months

(Ed. Code,§56426.9; Cal. Code. Regs., tit. 17, § 52112)

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What?Lead agencies must develop transition process

in IFSP; notify districts; invite districts to transition conference

If evaluation indicates child is eligible for services, district develops IEP before child’s third birthday

Part C service coordinator must be invited to initial IEP team meeting on parent’s request

Team must consider IFSP when developing IEP

(Early Childhood Transition FAQs (OSEP 2009) 53 IDELR 301)

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I. Transition to Preschool – Cases

Most cases involve either challenges to initial eligibility determination or alleged failure to develop IEP before child turns 3

Districts get very little leeway when IEP and/or services are late . . .

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Shaun M. v. Hamamoto (D. Hawaii 2009) IEP indicated initial starting date for services for 3-

year-old with developmental delays was several months before third birthday due to difficulties with transitioning

But no services provided until almost a month after Student turned 3

Disruption in services caused regression in behaviors and denied FAPE

(Shaun M. by Kookie M. v. Hamamoto (D. Hawaii 2009) 53 IDELR 185)

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Student v. Riverside USD (OAH 2006) Parents repeatedly failed to make Student available

for assessment and declined to provide information after moving to new district

ALJ excused both former and new districts from legal requirement to prepare and develop IEP before Student’s third birthday

Districts made reasonable attempts to comply but were frustrated by Parents

(Student v. Riverside Unified School Dist. and Desert Sands Unified School Dist. (OAH 2006) 106 LRP 49420)

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I. Transition to Preschool– Practical Pointers Attend transitional IFSP meeting

convened by lead agency Communicate with Parents about differences between

early intervention and preschool services Convene IEP meeting early, even if lead agency never

scheduled a transition meeting Include appropriate team members - general ed

teacher, Part C personnel, as appropriate

Make sure to discuss necessary steps to ensure smooth transition to preschool

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II. Transition from Preschool to Elementary

School

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II. Transition from Preschoolto Elementary School

Who?Child who is transitioning from preschool

program to kindergarten or first grade When?

Child must be assessed prior to beginning kindergarten or elementary school

(Ed. Code, § 56445; Ed Code, § 56441.1)

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II. Transition from Preschoolto Elementary School

What?Prior to transition from preschool to

elementary school, District must assess Child to determine need for continuing special education and related services

If Child is to be exited from special education, IEP team should note present levels and learning styles and make information available to general education teacher

(Ed. Code, § 56445)

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II. Transition from Preschool to Elementary School – Cases

Very few OAH decisions have interpreted scope of this assessment requirement.

The most recently reported case concerned whether or not assessment rules applied . . .

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II. Transition from Preschool to Elementary School Student v. Baldwin Park USD (OAH 2012)

Parent claimed District’s failure to assess Student prior to transitioning him from preschool to kindergarten denied FAPE

ALJ disagreedClassroom was not kindergarten but a transition

classroom that included students as old as 9th grade

Student’s continued eligibility was never at issueNo showing how failure to assess deprived Student

of educational benefit(Student v. Baldwin Park Unified School Dist. (OAH 2012) 112 LRP 21708)

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II. Transition from Preschool to Elementary School – Practical Pointers Consider whether additional assessments

are needed to plan for kindergarten Evaluate specific transition needs, including

Equipment Instructional methodologies Consistent implementation of behavior plan,

health plan, toileting plan, as applicable

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III. Transition from Elementary School District

to High School District

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III. Transition from ESD to HSD

Who?Any student transitioning from an elementary

school district to a high school district When?

Appropriate high school district placement must be determined prior to last scheduled review by the elementary school district

(Cal. Code Regs., tit. 5, § 3024)

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III. Transition from ESD to HSD

What?Elementary school district must invite high

school district personnel to collaborate in determining appropriate high school district placement

If high school district representative does not participate in collaborative IEP, elementary school district must notify high school district that student has needs requiring special education

(Cal. Code Regs., tit. 5, § 3024)

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III. Transition from ESD to HSD – Cases

Law only requires that elementary school district take steps to involve high school district in collaborative IEP

No requirement that high school district develop transition plan for every student coming from elementary school district, but such a plan is required if student has unique need for transition

Consider . . .

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III. Transition from ESD to HSD Student v. Franklin-McKinley ESD (OAH

2007) Elementary school District failed to invite

representatives from high school district where Student would be attending to its IEP meeting

ALJ: Failure to invite representatives denied FAPE Even though meeting with high school administrators

took place several months later, it was not an IEP meeting as parent was not invited

(Student v. Franklin-McKinley Elem. School Dist. (OAH 2007) 107 LRP 69368)

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III. Transition from ESD to HSD Student v. San Benito HSD (OAH 2008)

District failed develop transition plan despite being aware that Student:

Was moving from ESD in another communityHad extensive difficulties navigating new

environments ALJ: District should have developed plan to ease

Student’s transitions with orientation and mobility services at high school

Failure to address transition denied FAPE; 50 hours of comp ed awarded

(Student v. San Benito High School Dist. (OAH 2008) 51 IDELR 205)

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III. Transition from ESD to HSD – Practical Pointers Elementary School Districts:

Remember to invite representativefrom HSD to IEP meeting to discusstransition

High School Districts: Send a representative to ESD after receiving IEP notice To determine if Student requires transition plan,

consider impact of larger campus, increased difficulty of curriculum, social skills needs, safety concerns

Determine if Student should meet staff in advance

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IV. Transition from High School to Postsecondary

Activities

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IV. Postsecondary Transition Who?

Students who will turn 16 during time period covered by their IEP

Transition goals, planning and/or services may be discussed for students younger than 16 when appropriate

When?Transition plan must appear in IEP not later

than first IEP to be in effect when Student turns 16 and updated annually thereafter

(Ed. Code, § 56043 and 56345)

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IV. Postsecondary Transition

What? Transition plan must include:Measurable postsecondary goals based on

age appropriate transition assessments related to

Training Education Employment Independent living skills, where appropriate

Transition services needed to assist Student in reaching those goals

(34 C.F.R. § 300.320(b))

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What are transition services? Coordinated set of activities that:

Is designed within results-oriented process focused on improving academic and functional achievement to facilitate movement from school to post-school activities

Is based on Student’s individual needs, taking into account strengths, preferences and interests

Includes instruction, related services, community experiences, development of employment and other post-school adult living objectives

(34 C.F.R. § 300.43)

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What are transition services? (cont’d) May include special education or related

services IEP must identify:

Date the Student will begin receiving the service(s) Frequency which the service(s) will be provided Location at which service(s) will be provided How long the service(s) will continue

(34 C.F.R. § 300.320(a)(7))

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Procedural Requirements Invite Student to IEP meeting; if Student does not attend,

ensure preferences and interests are considered Invite representative of participating agency responsible

for providing/paying for services; Parents must consent IEP meeting notice to Parents must:

Include statement that purpose of the meeting is to consider postsecondary goals and transition services

Indicate that Student will be invited Identify agency that will be invited to send

representative

(34 C.F.R. § 300.321-300.322)

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IV. Postsecondary Transition – Cases

Although some cases address procedural issues of transition planning and services (e.g., failure to invite Student to IEP meeting), most focus on substantive adequacy of District’s transition plan

Some examples . . .

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IV. Postsecondary Transition Failure to Meet Needs of Student with

AutismStudent v. Los Angeles USD (OAH 2013)

ALJ: District failures “extended to every aspect of Student’s transition plan”

Failure to administer comprehensive assessmentSole goal – communication of personal preference –

was vague and unmeasurableVocational activities in plan were not individualized to

Student, whose abilities were below what was required to complete activities

Failure to implement relevant portions of plan

(Student v. Los Angeles Unified School Dist. (OAH 2013) 62 IDELR 68)

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IV. Postsecondary Transition Job in Teacher’s Office ≠ Real-World Work

Student v. Horizon Instructional Sys. Charter Sch. (OAH 2012)

Transition plan for Student with autism did not address needs for independent living skills or community employment experiences

Vocational goals vague and obsoleteEmployment training confined to on-campus simulations

that included “mock job” in teacher’s officeWork was unrelated to Student’s interests or aspirations

and did not substitute for “real-world experiences”

(Student v. Horizons Instructional Systems Charter School (OAH 2012) 58 IDELR 145)

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IV. Postsecondary Transition Provision of Services Excuses Plan Failure

Student v. Los Angeles USD (OAH 2010)

District committed procedural violation by failing to conduct assessment or develop transition plan for 18-year-old Student with ED

However, no denial of FAPE because Student received “more than adequate” transition services at her charter school

Work-force development class provide sufficient training

Student took courses in dance and cosmetology (areas in which she desired to find employment)

(Student v. Los Angeles Unified School Dist. (OAH 2010) 110 LRP 34448)

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IV. Postsecondary Transition Adult Transitional Program Offers FAPE

Student v. Montebello USD (OAH 2011)

Parents requested Student attend college art class for higher specialization, job training and advancement opportunities

District’s functional life skills curriculum with general education art class provided FAPE

No obligation to place in program of Parent’s preference

Even if District had offered support to attend college art class, Student might not benefit due to her limited cognitive ability

(Student v. Montebello Unified School Dist. (OAH 2011) 111 LRP 74053)

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IV. Postsecondary Transition – Practical Pointers Start early in developing transition plan;

it must be in effect when Student turns 16

Don’t forget: Student must be invited to IEPmeeting at which transition is to be discussed

Encourage and foster parental participationand help families sort through available agencies and options

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IV. Postsecondary Transition – Practical Pointers Identify specific transition needs

(e.g., driver license, job application, college application; pay bills, etc.) and design a statement accurately summarizing those needs

State transition goals completely and carefully, but realistically

Design clear, concise statement of transition services

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V. Transition from Nonpublic School to Public

School

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V. Transition from NPS to Public School Who?

Students transitioning from NPS into general class at public school for any part of school day

Also applies to students transitioning from special education classrooms to general education classrooms

When? If District has placed Student in NPS, team must

meet annually to consider whether Student should be transitioned back to public school

(Ed. Code, §§ 56345, subd. (b)(4) and 56343, subd. (d))

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V. Transition from NPS to Public School

What? Transition plan should be part of Student’s

IEPPlan should include a description of the

activities provided to integrate Student into general education program

Description must indicate the nature of each activity and the time spent on activity each day or week

(Ed. Code, § 56345, subd. (b)(4))

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V. Transition from NPS to Public School – Cases

Only a handful of OAH cases over the past few years alleging District’s failure to comply with statutory requirement for students transitioning for NPS

Two examples . . .

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V. Transition from NPS to Public School Student v. Redlands USD (OAH 2011)

District offered to change placement of 10-year-old Student with autism from NPS to SDC class

Plan described nature of general education activities in which Student would participate (recess, lunch, assemblies, PE, art and music) and time to be spent in such activities (23 percent)

ALJ rejected Parents claim that plan did not comply with state law

(Student v. Redlands Unified School Dist. (OAH 2011) 111 LRP 23774)

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V. Transition from NPS to Public School Student v. Los Angeles USD (OAH 2012)

Parent claimed denial of FAPE because IEP did not specifically state the gen ed classes in which Student would participate when she transitioned from NPS as required by California law

ALJ found harmless procedural violation because: Even though IEP did not mention specific gen ed

classes, it contained all other relevant information concerning Student’s participation

Mainstreaming was discussed extensively at IEP meeting

(Student v. Los Angeles Unified School Dist. (OAH 2012) 59 IDELR 55)

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IV. Transition from NPS to Public School – Practical Pointers When discussing transition from NPS

to public school gen ed environment, consider Student’s needs for: Social integration and supports (Are there general

education activities that can assist with transition?) Academic integration and supports (Did NPS use

different curriculum? Does Student require support to access new curriculum?)

Medical support (Will school nurse or other staff need to be assigned to address Student’s medical needs?)

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VI. Other Transitions

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Other Transitions

Even in absence of statute imposing affirmative duty to create transition plan, Student’s unique needs might require IEP team to address transitioning in certain other circumstances

For example . . .

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V. Transition from Elementary School to Middle School and Middle School to High School (in Same District) Consider:

Staff and campus familiarity to Student Safety issues Appropriateness of behavior plan in new setting Increasing difficulty of curriculum Peer pressure issues (larger campus with older

students) Increasing opportunities for problem behavior to

arise

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V. Transition from Private Service Provider to District Service Provider Consider:

Student’s difficulty generalizing Is overlap period between providers appropriate? Is consultation from former provider appropriate? Does change in providers mean a change in

locations? If Student receives group services, will peer group

change when provider changes?

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V. Transition from Home Program to School-Based Program

Consider: Length of transition and who should be involved to

facilitate it Student’s ability to independently navigate campus Student’s familiarity with school rules (potential

behavior issues) Safety concerns Transportation issues

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V. Transition Out Of or Into Residential Placement

Consider: Does Student have skills to be successful in new

environment? Are staff members familiar with Student’s behavior

plan and how to implement it? What system is in place for monitoring Student’s

transition into new educational setting?

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Take Aways . . . Numerous types of transitions

with different laws applicable to each

Addressing and solving transitionproblems early is essential because Student’s success in new environment depends onappropriate and properlyimplemented IEP

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Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice. We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances .

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Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice. We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances .