LRP Publications, October 13, 2010, Wednesday

LRP Publications

October 13, 2010, Wednesday

LRP Publications

Key points:
· Keep open lines of communication with families during transition process
· Make sure postsecondary plan reflects child’s current needs, interests
· Review transition plan section by section to give parents time to raise concerns

Regularly communicate, collaborate with parents throughout transition process

Recent litigation underscores the importance of communicating with parents throughout the transition process about a student’s progress toward acquiring delineated postsecondary skills.

In Dracut School Committee v. Bureau of Special Education Appeals, 55 IDELR 66 (D. Mass. 2010), a student who had graduated was entitled to compensatory transition services because the district had failed to address his significant deficits with pragmatic language and social skills in his transition plan.

In Oyster River Cooperative School District, 110 LRP 33121 (SEA NH 06/08/10), an IHO ordered a district to allow a student with Asperger syndrome and anxiety issues to finish the school year rather than graduate in January because he had not yet met his transition objectives.

Cases like these are on the rise, says Cheryl Maimona, a school attorney with Pepple & Waggoner Ltd. in Cleveland. “More parents either don’t think their child is ready to graduate or come back to the district after the child graduates and say they did a poor job transition planning and don’t want the diploma after all,” she says.

Work to avoid these situations in your district by regularly communicating with parents and reviewing a student’s postsecondary needs, sources say.

Follow these steps:

Conduct, consider transition assessments. Conducting transition assessments related to training, education, employment and, where appropriate, independent living skills should be the first step in your transition planning, says Nancy Hinkley, transition specialist for the Employment and Disability Institute at the Cornell University School of Industrial and Labor Relations. The Dracut case underscores the danger of not conducting proper assessments and using those assessments to determine goals and services, adds Christopher L. Hirst, a school attorney at K&L Gates LLP in Seattle.

Consider family input early. Start talking to students with disabilities when they turn 12 about their future plans for living, learning and working, Hinkley says. This is a good age to begin discussing career pathways and whether the student will work toward a regular high school diploma. Having these conversations early gives the IEP team more time to consider realistic goals, help the student work toward those goals, and address any concerns that may arise.

Review transition plan often. “You have to regularly review whether the plan is appropriate and the student is meeting his goals,” Hinkley says. Consider holding a meeting if the child’s needs or aspirations change, sources say. Students’ needs and interests are “continually changing,” says Amy Szymanski, special education and school improvement consultant with State Support Team Region 1 in Toledo, Ohio. “The transition plan should stay up to speed with those changes.”

Review transition plan slowly. Review it section by section, and discuss each of the child’s areas
of need, Hirst says. Look at whether the goals are still appropriate or whether different services arerequired to address the goal.

Taking time to review the transition plan also gives parents a chance to think about whether they have any concerns. They’re going to feel rushed if you go through it in a hurry and say, “Any questions?” Szymanski says. Also, if you rush through the transition plan at the annual meeting, parents may be less likely to ask to reconvene at other points throughout the year. You don’t want them to get the impression that you don’t have time, Szymanski says.

“Parents should feel comfortable bringing any concerns to your attention as soon as they come up so the entire team can work toward a solution,” she says.

Assign a liaison. One person from the IEP team should be in charge of following up with the family on a regular basis, Maimona says. This should be someone who has a good relationship with the family, such as the special ed teacher, and can speak to the progress the student has made toward achieving his transition goals. Instruct this person to notify the IEP team leader as soon as she senses a parent is dissatisfied with a service or goal, Maimona says.

Respond promptly to parents’ concerns. If a parent is concerned that her child isn’t making adequate progress toward his transition goals, you can have an IEP meeting at any time during the year to discuss those concerns and consider revising the transition plan, Szymanski says.

Make sure parents know this as well, she says. “They shouldn’t wait until the annual IEP meeting to bring something to your attention,” she says.

Discuss continuing services when necessary. Remember, the fact that a student who receives
special ed services has earned enough credits for graduation is not always the determining factor for graduation eligibility. The IEP team must review the student’s IEP goals and objectives to determine whether he has made adequate progress and is ready to graduate. IEP teams should have a conversation about continuing services when a student hasn’t met critical transition goals, Maimona says.

For example, the student in the Oyster River case hoped to enroll in a university but had not yet met his independent living, community participation and vocational goals.


October 13, 2010
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