SPP/APR

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Changes to Administrative Rules Impacting
Secondary Transition Revised
12/15/09 Florida Department of Education Dr.
Eric J. Smith, Commissioner
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• The following slides were excerpted from Bambi J.
  Lockmans presentation at the Project 10
  Transition Education Network Spring Institute on
  April 22, 2009. These slides address changes to
  Floridas Administrative Rules impacting
  secondary transition.
• The slides were revised to include subsequent
  changes to rules on December 15, 2009.

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Changes to Administrative Rules Impacting
Secondary Transition

• Florida Statutes and State Board of Education
  Rules Excerpts for Special Programs (Vol. I-B)
  2008

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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

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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
  students 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.

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Definition of Transition Services

• Is based on the individual students needs,
  taking into account the students 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.

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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.

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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

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No Longer Required for Students Ages 14 and 15

• Desired Post-School Outcome Statement

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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.

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Student Participation

• Students should participate in all cases where a
  purpose of the meeting will be the identification
  of the students 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 students preferences and interests are
  considered.
• Rule 6A-6.03028(3)(c)7., F.A.C.

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Content Ages 14 and 15

• During the students eighth (8th) grade year or
  the school year of the students 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.

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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
  students 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.

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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)

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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.

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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.

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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

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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)

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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.

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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.

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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
  students 18th birthday.
• 34 CFR 300.320(c) 300.520(a)(1)

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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

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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 students
  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.

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Questions?