From the ECS State Policy Database Special Education--Transition

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary IL Signed into law 08/2012 P-12 Existing statute permits supplies and services to be procured without advertising or calling for bids from any qualified not-for-profit agency for persons with severe disabilities that meets certain criteria. New provision extends eligibility for procurement of services without bid to a non-profit agency that is an accredited vocational program that provides transition services to youth between the ages of 14 1/2 and 22, and that provides residential services at a child care institution, or at a group home. Page 80 of 113: http://www.ilga.gov/legislation/97/SB/PDF/09700SB2958lv.pdf Title: S.B. 2958 Source: www.ilga.gov CA Signed into law 06/2012 P-12 From section 44 of bill summary: Extends definition of eligible applicants for Project Workability program (to provide transition services for individuals with exceptional needs) to include local educational agencies, including districts, county offices of education, state special schools, charter schools, and nonpublic, nonsectarian schools. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1016_bill_20120627_chaptered.pdf Title: S.B. 1016 - Eligibility for Project Workability Funds Source: www.leginfo.ca.gov OH Signed into law 06/2012 P-12 Requires transition plan to be developed during first IEP meeting after student turns 14 (previously was 16). Replaces existing reference to "employment" in transitions plans with requirement that plan include a statement describing "appropriate measurable post-secondary goals based on age-appropriate transition assessments related to employment in a competitive environment in which workers are integrated regardless of disability." Pages 225-227 of 592: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf Title: S.B. 316 - IEP Transition Plans Source: www.legislature.state.oh.us RI Signed into law 06/2012 P-12 Adds a representative of community-based providers of services to adults with disabilities and a representative of community-based providers of adult behavioral healthcare to the interagency transition council within the department of elementary and secondary education. This act also lowers from 16 to 14 the age for transition planning to be initiated. Makes other technical amendments. http://www.rilin.state.ri.us/BillText12/HouseText12/H7739Aaa.htm Title: H.B. 7739 Source: http://www.rilin.state.ri.us RI Signed into law 06/2012 P-12 Modifies the membership of the transition council. The council supports transition from school to self-sufficient adulthood for students with disabilities. http://www.rilin.state.ri.us/BillText12/SenateText12/S2446A.pdf Title: S.B. 2446A Source: http://www.rilin.state.ri.us FL Signed into law 04/2012 P-12 Establishes a two-year Adults with Disabilities Workforce Education Pilot Program in four counties to make scholarships available for students with disabilities (age 22-30) who are receiving instruction in a private school to meet state-set high school graduation requirements, and who receive "supported employment services", i.e., employment provided or located in an integrated work setting with earnings paid on a commensurate wage basis and for which continued support is needed for job maintenance. Defines "student with a disability" for purposes of the pilot. Establishes eligibility requirements for participating private schools and providers of supported employment services. Establishes procedures for scholarship payments. Bill text (pages 19-23 of 72): http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h5201er.docx&DocumentType=Bill&BillNumber=5201&Session=2012 Final bill analysis: http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h5201z.HEAS.DOCX&DocumentType=Analysis&BillNumber=5201&Session=2012 Title: H.B. 5201 - Adults with Disabilities Workforce Education Pilot Program Source: myfloridahouse.gov MA Signed into law 03/2012 P-12 Requires the board of elementary and secondary education to provide a specialist teacher endorsement in transition services including coursework and field experience for special education teachers and rehabilitation counselors to develop the competence necessary to serve as transition coordinators. Transition coordinators will facilitate provision of a coordinated set of activities to prepare students with disabilities to achieve successful transition to post-school activities including further education, competitive employment, and independent living. Requires the board to allow individuals who have previously been employed serving as transition coordinators and coordinating school-based transition services to be eligible to receive a transition specialist endorsement one year after the board has promulgated regulations, provided that they demonstrate the knowledge, skills, and competencies necessary to receive such endorsement. http://www.malegislature.gov/Bills/187/House/H03720 Title: H.B. 3720 Source: http://www.malegislature.gov/Bills/ TX Signed into law 06/2011 P-12 Directs the Texas Education Agency to develop a model form for districts to elect to use in developing an individualized education program (IEP). Provides the form may include only specified information. Requires that the form be posted to the agency Web site. Adds provision that the written statement of a student's IEP may be required to include only information included in the model form. Adds section requiring that appropriate state transition planning begin not later than when the student reaches 14 years of age. http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB01788F.pdf#navpanes=0 Title: S.B. 1788 Source: www.legis.state.tx.us NH Signed into law 05/2011 Postsec. Authorizes the labor commissioner to establish a practical experience/training program for individuals with disabilities upon application by a proper post-secondary organization or rehabilitation facility. Allows the labor commissioner to establish a sub-minimum wage rate or no wage rate for such programs and specifies that no existing or laid-off workers be replaced by individuals with disabilities enrolled in the program. http://www.gencourt.state.nh.us/legislation/2011/HB0401.html Title: H.B. 401 Source: www.gencourt.state.nh.us IL Signed into law 07/2010 P-12 Provides that a child with a disability who receives residential and educational services from or paid by the department of human services is eligible to receive transition services (rather than transition services provided by the state board of education) from the age of 14.5 through age 21, regardless of the child's residential services arrangement. Directs the department of human services to review its policies and regulations that create obstacles to the provision of these services and, within the constraint of existing federal or state law, change or modify the policies and regulations to support the provision of transition services in accordance with Article 14 of the School Code. Defines "child with a disability" as a child with a disability as defined by the federal Individuals with Disabilities Education Improvement Act of 2004 (rather than persons who are 22 years old or younger and are afflicted with a disability as defined by the Americans with Disabilities Act of 1990 that is attributable to a developmental disability, a mental illness, a physical disability or a combination of those). http://www.ilga.gov/legislation/publicacts/96/PDF/096-1189.pdf Title: H.B. 5688 Source: www.ilga.gov MS Signed into law 03/2010 P-12 Relates to testing instruments and procedures for students with disabilities. Clarifies accommodation. http://billstatus.ls.state.ms.us/documents/2010/pdf/SB/2500-2599/SB2520SG.pdf Title: S.B. 2520 Source: http://billstatus.ls.state.ms.us CA Signed into law 10/2009 P-12 Relates to individual development programs for persons with a developmental disability. Encourages the individual program planning process team to discuss school-to-work opportunities for consumers commencing at 14 years of age. Requires the formation of a standing Employment First Committee to implement an Employment First Policy by July 2011. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0251-0300/ab_287_bill_20091011_chaptered.pdf Title: A.B. 287 Source: www.leginfo.ca.gov IL Signed into law 08/2009 P-12 Amends provisions concerning transition goals, supports and services. Removes certain provisions concerning transition goals and supports. Provides instead that beginning no later than the first individualized education plan (IEP) in effect when the student turns age 14 1/2 and updated annually thereafter, the IEP must include measurable postsecondary goals and other information available regarding the student that are related to training, education and employment, and the the transition services needed to assist the student in reaching those goals, including courses of study. http://www.ilga.gov/legislation/96/HB/PDF/09600HB0979lv.pdf Title: H.B. 979 Source: www.ilga.gov NY Signed into law 09/2008 P-12 Requires the Commissioner of Mental Retardation and Developmental Disabilities to notify the Committee on Special Education, multidisciplinary team, or social services official that submitted a report on a mentally retarded or developmentally disabled child requesting adult services when the commissioner determines that such services are not required; requires such notice to provide the reasons for such determination. Provides that if such determination is not acceptable to the child's parent or guardian, such person may appeal the determination. http://assembly.state.ny.us/leg/?bn=A09225&sh=t Title: A.B. 9225 Source: Lexis-Nexis/StateNet HI Signed into law 06/2008 P-12 Establishes a power of attorney for adult special education students. Provides a process for revocation of the power of attorney for special education. Establishes the process to appoint an educational representative for an adult student who lacks capacity to provide informed consent, and for the reconsideration of the need for an educational representative if the adult student appears to have regained decisional capacity. Clarifies the authority of a guardian of an adult student. Sets forth the duties and roles of the agent and educational representative. http://www.capitol.hawaii.gov/session2008/Bills/SB2879_CD1_.htm Title: S.B. 2879 Source: www.capitol.hawaii.gov IL Signed into law 08/2007 P-12 Provides that when a student eligible for special education reaches the age of 18, rights accorded to the student's parents transfer to the student. Provides that rights shall not transfer from the parents to the student if the student has been adjudged to be incompetent under state law or the student has not been adjudged. Provides that this may not be construed to deny a student with a disability who has reached majority age the right to have an adult of his or her choice, including the student's parent, assist the student in making decisions regarding the student's individualized education program. http://www.ilga.gov/legislation/95/SB/PDF/09500SB0396lv.pdf Title: S.B. 396 Source: www.ilga.gov/legislation IL Signed into law 07/2007 P-12 In the definition of children with disabilities, provides that an eligible student who requires continued public school educational experience to facilitate his or her successful transition and integration into adult life is eligible for special education services through age 21, inclusive, which, for purposes of the article, means the day before the student's 22nd birthday. http://www.ilga.gov/legislation/95/HB/PDF/09500HB0817lv.pdf Title: H.B. 817 Source: Lexis-Nexis/StateNet TX Signed into law 05/2007 P-12 H.B. 1230 requires the executive commissioner of the Health and Human Services Commission (executive commissioner) to monitor programs and services to study trends and to promote positive outcomes for transitional youth with disabilities. This bill requires transition counselors to receive training on long-term supports and services from other health and human services agencies. This bill also requires the executive commissioner to establish a work group with the goal of creating and implementing a plan to ensure the efficiency and availability of postschooling opportunities, state and local services for adults, and supported employment opportunities. Relates to services provided to youth with disabilities transitioning from school-oriented living to post-schooling activities, services for adults, and community living. http://www.legis.state.tx.us/tlodocs/80R/billtext/pdf/HB01230F.pdf Title: H.B. 1230 Source: http://www.legis.state.tx.us VT Signed into law 05/2006 P-12 Postsec. Relates to coverage of disabled adult children and college students on medical leave; requires a health insurance plan that covers dependent children who are full-time college students beyond the age of 18 to include coverage for a dependent's medically necessary leave of absence from school for a period not to exceed 24 months; establishes a committee to study issues related to continuing health insurance eligibility for spouses following divorce and for young adult children. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT199.HTM Title: S.B. 285 Source: Lexis-Nexis/StateNet VT Signed into law 05/2006 Postsec. Community College Relates to services for transitional youth; increases the age at which a child may be adjudicated in need of care and supervision; provides that the agency of human services, in consultation with the department of education, shall analyze current law and regulation regarding Medicaid eligibility for young adults ages 18-22. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT159.HTM Title: H.B. 618 Source: Lexis-Nexis/StateNet WI Signed into law 03/2006 P-12 Establishes a clearinghouse for information about special education transition services and vocational opportunities that are available in each county; provides that the information shall be posted on the appropriate Web site. (Act 218) http://www.legis.state.wi.us/2005/data/acts/05Act218.pdf Title: A.B. 308 Source: http://www.legis.state.wi.us KY Adopted 02/2006 P-12 Clarifies provisions relating to awarding of high school diplomas to students with disabilities. States that if the severity of an exceptional student's disability precludes the student from completing the standard high school graduation requirements, the student must be offered an alternative course of study based upon student needs and the provisions specified in 704 KAR 3:303, Program of studies. Mandates that a student who completes an alternative course of study must receive a certificate of work readiness and employability, consistent with the graduation practices for all students. http://www.lrc.ky.gov/kar/704/003/305reg.htm Title: 704 KAR 3:305 (section 7) Source: www.lrc.ky.gov/kar/ IL Signed into law 07/2005 P-12 Amends the Interagency Coordinating Council Act. With respect to the annual report that the Council is required to make to the Governor and the General Assembly, provides that in the 2007 report, the Council shall include recommendations for expanding the recruitment of students and school personnel into programs that provide the coursework for Learning Behavioral Specialist II-Transition Specialist certification. http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0230 Title: S.B. 768 Source: http://www.ilga.gov CA Signed into law 09/2004 P-12 Require the Superintendent of Public Instruction to conduct an investigation onsite at any time without prior notice when there is substantial reason to believe that there is an immediate danger to the health, safety, or welfare of a child, and to monitor the facilities, the educational environment, and the quality of the educational program of an existing certified nonpublic, nonsectarian school or agency on a 3-year cycle. Also requires the Superintendent of Public Instruction, with respect to a nonpublic, nonsectarian school, to conduct an investigation, which is to include an unannounced onsite visit, if the Superintendent of Public Instruction receives evidence of a significant deficiency in the quality of educational services provided by the school or noncompliance with other specified requirements. Places additional requirements on a nonpublic, nonsectarian school regarding financial recordkeeping, submitting an annual budget and an annual audit, and documenting services and programs. Increases the base fees charged a nonpublic, nonsectarian school or agency when it applies for certification and when it updates its application for annual review by the Superintendent of Public Instruction. Provides that any educational funds received from a local educational agency for the educational costs of individuals with exceptional needs it has placed in nonpublic, nonsectarian schools are to be used solely for those purposes and not for the costs of a residential program. Requires the State Department of Education to implement a program to integrate individuals with exceptional needs placed in nonpublic, nonsectarian schools into public schools. Prohibits a licensed residential school for children with exceptional needs from requiring as a condition of residential placement that it provide the appropriate educational programs to those individuals through a nonpublic, nonsectarian school or agency owned, operated by, or associated with, a licensed children's institution. Provides that those services may only be provided if the special education local plan area determines that appropriate public alternative education programs are not available. http://www.leginfo.ca.gov/pub/bill/asm/ab_1851-1900/ab_1858_bill_20040930_chaptered.pdf Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_1858_sign.pdf Title: A.B. 1858 (multiple provisions) Source: www.leginfo.ca.gov MD Signed into law 04/2004 P-12 Amends Division of Rehabilitation Services in the Department of Education responsibilities with county boards of education about transition services for students with disabilities; requires rehabilitation counselors to certain schools; provides for an employment plan. Title: H.B. 988 Source: StateNet NV Signed into law 06/2003 P-12 Postsec. Establishes the Legislative Committee on Persons with Disabilities; requiring the Department of Human Resources to submit certain reports to the Committee; requires the committee to conduct a study for the purpose of establishing an Interagency Transition Plan concerning the transition from school to work for pupils with disabilities, and to facilitate the use of service animals; studies nursing care and intermediate care facilities. Title: S.B. 137 Source: StateNet TX Signed into law 05/2003 P-12 H.B. 2823 delegates the responsibility of ensuring compliance with federal transition-related requirements to the commissioner of education. The bill sets out the transition issues that must be considered in the transition portion of a student's individualized education program. (Bill Analysis, Senate Research) http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=02823&VERSION=5&TYPE=B Title: H.B. 2823 Source: http://www.capitol.state.tx.us IL Signed into law 08/2001 P-12 Public Act No. 92-303., Amends the Developmental Disability and the Mental Disability Services Act; creates a workforce taskforce for persons with disabilities and directs the task force to develop recommendations and an implementation plan to address certain issues affecting persons with disabilities in relation to employment; requires the task force to conduct a longitudinal study of the outcomes that secondary education programs have for students with disabilities after exiting the school. Title: H.B. 3392 Source: Lexis-Nexis/StateNet DE Signed into law 07/2001 P-12 Relates to persons with mental retardation or other specific developmental disabilities; provides for centers for vocational habilitative and social skill development. Title: S.B. 144 Source: Lexis-Nexis/StateNet SD Signed into law 02/2001 Postsec. Revises the rehabilitation services provided at public cost to disabled and visually impaired persons based on economic need to include postsecondary tuition and fees. Title: H.B. 1030 Source: Lexis-Nexis/StateNet RI Became law without GOVERNOR'S signature 07/2000 Postsec. Amends the composition of the Transition Council by adding a representative from one of the regional education collaboratives.Transition from school to self-sufficient adulthood for students with disabilities Title: H.B. 7466 Source: Lexis-Nexis/StateNet