Federal Law: Individuals with Disabilities Education Act (IDEA) – 2004

Federal Law: Individuals with Disabilities Education Act (IDEA) – 2004

The purpose of IDEA is to ensure that all children with disabilities have available to them a free appropriate public education (FAPE). FAPE emphasizes special education and related services designed to meet children’s unique needs and prepare them for further education, employment, and independent living.

One specific component of IDEA is related to “Transition Services.” This means a coordinated set of activities for a child with a disability that:

1. Are 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 postsecondary education; vocational education; integrated employment (including supported employment); continuing and adult education; adult services; independent living or community participation;

2. Are based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and

3. Include instruction, related services, community experiences, the development of employment and other post-school adult living objectives and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

WHAT THIS LAW MEANS TO YOU

Each Individualized Education Program (IEP) starting at age 16 must include:

• 1. At least one appropriate, measurable postsecondary goal based upon age-appropriate transition assessments in each of the following areas: training, education, employment, and, where appropriate, independent living skills; and

  2. The transition services and school work needed to assist the child in reaching those goals.

Massachusetts Law Chapter 285 of the Acts of 2008 (section 2 of c.71B)

Beginning at age 14 or sooner if determined appropriate by an individualized education program team, school-age children with disabilities shall be entitled to transition services and measurable postsecondary goals, as provided under the federal Individual with Disabilities Education Act. 20 USC sec. 1400.

WHAT THIS LAW MEANS TO YOU

Although the federal law states that transition activities start at age 16, Massachusetts starts transition services at age 14.

Massachusetts Law Chapter 688, “Turning 22” Law (Chapter 71b, Section 12c)

A disabled person who has been receiving special education shall be eligible, subject to appropriation, upon graduation from high school or upon attaining the age of twenty-two, whichever occurs first, to receive habilitative services. The education authority which is responsible for the education of a person with a disability shall, with the consent of such person or his parent or guardian, at least two years before such person attains the age of twenty-two or at least two years before such person’s graduation, whichever first occurs, determine whether such person may need continuing habilitative services and

notify the bureaus of transitional planning of the name an address of such person, the record of the special education services being provided to such person, and the expected ate of termination of such services.

WHAT THIS LAW MEANS TO YOU

It is the responsibility of the local school system to make a Chapter 688 referral for adult services for each student needing continued services upon leaving special education. The referral must be made while the student is still in school and should be made at least two years in advance of graduation or turning 22.

A 688 referral is needed even if a student is already known to the Department of Developmental Services (DDS) and eligible for adult services. The school system can send the 688 referral directly to the adult service agency best suited to serve the individual as an adult.

If DDS is the designated agency, the referral can be sent directly to the Area Office that covers the referring school system. If the school system is unsure which agency would best serve the individual, the referral can be sent to the Bureau of Transitional Planning at the Executive Office of Health and Human Services for assistance.

Eligibility for Chapter 688 is broad and does not guarantee eligibility for DDS or any other specific adult human service agency.