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Mid-year Transition Planning: Now is the time to set life-long goals As we enter the second half of the school year, many parents hear the clock ticking louder and louder as graduation nears. Hopefully, you have been working closely with the entire IEP team throughout high school to be sure that appropriate transition goals have been set and progress documented; paperwork has been filed with federal and state offices; contacts with agencies in the adult system have been made; and the last months of public education are guiding your son or daughter to fulfilling their goals upon graduation. IDEA 2004 mandates that “Transition Services” are to be “results-oriented” to “facilitate the child’s movement from school to post school activities . . .” (1) The law requires that the IEP Transition Services are in place by (before) the child’s 16th birthday.(2) We’ve provided you with two sets of checklists and supporting advice to help your child transition successfully from school to community-based work: According to the federal Individuals with Disabilities Education Improvement Act (IDEIA) 2004, transition planning should begin prior to the student’s 16th birthday. From that age until graduation, your child should be included in IEP meetings to discuss post-high school dreams and plans to develop an Individualized Transition Plan (ITP). The ITP is an integral part of the IEP. Your high school transition coordinator should attend and assist in writing the IEP/ ITP. Your child's regular and special education teachers, vocational education staff, your assigned Office of Mental Retardation supports coordinator, your child, and you should attend every IEP meeting. You may also invite representatives from local adult provider agencies to discuss long-range employment and housing plans.
During the IEP:
NICHCY’s Building the Legacy training curriculum on IDEA 2004. Meetings of the IEP Team module will tell you all about what's new, the same, or different in IDEA 2004 with respect to those all-important meetings of that all-important group, the IEP Team. The module includes a PowerPoint slide show to use in training sessions, a detailed discussion of Team meetings for trainers, handouts for audience participants, and extensive additional resources for trainers. "Meetings of the IEP Team" is available at: NEW Transition IEP Forms Focus on Person-Centered Career Planning Effective July 1, 2005, the new Individuals with Disabilities Education Improvement Act (IDEIA), has mandated important changes to the Transition Planning process. One significant change is the recommendation that transition planning begin by age 16 (rather than at age 14). In PA Annotated Individualized Education Program (IEP) - School Age. Updated 3/7/2007
Check the www.pattan.net Website for updates on the new IDEIA and changes to Transition Planning in the
In a case that could shape the outcome of special education disputes across the country, the Supreme Court will decide in Schaffer v. Weast (Case No. 04-698) which side bears the burden of proof in disputes over children's individualized education programs, or IEPs. The question is whether parents need to prove that IEPs are inadequate, or whether school systems must show that the programs sufficiently meet students' needs. Click here to read the entire article... |
Gaskin Settlement Impacts LRE Definition/Expands Inclusive Practices Excerpts from a memo issued by Linda O. Rhen, Ed.D. Director, Commonwealth of Pennsylvania follow: The goal of the Gaskin settlement is to ensure that Individualized Education Program (IEP) teams consider the regular classroom with supplementary aids and services before considering a more restrictive placement. It does not usurp the role of the IEP team in making individualized placement decisions tailored to the needs of specific students. As we move forward, information on implementation of the Settlement Agreement will be posted on the Department's website, see "Gaskin Implementation" site at http://www.pde.state.pa.us, including fact sheets which address specific aspects of the Settlement Agreement. The Department has arranged for the Special Education CONSULTLINE service, a parent helpline administered by the Office for Dispute Resolution, to respond to information requests and inquiries from parents and advocates of children with special needs. Parents and advocates may contact the Special Education CONSULTLINE at 1-800-879-2301(Voice/TTY/TDD) and/or view additional information at <http://parent.pattan.net>. Callers to the CONSULTLINE may need to leave a message; although CONSULTLINE strives to return all calls within twenty four (24) hours, during periods of high call volume, the response time may be two to three business days. To maximize the likelihood of a CONSULTLINE Specialist reaching a parent or advocate, callers are asked to give dates and times when they will be available to receive a call back. The Bureau of Special Education (BSE) will continue to handle complaints, including those related to placement issues, through the complaint management system. Information on the complaint management system is available on the Department website at http://www.pde.state.pa.us DISABILITY AND THE LAW: BURDEN OF PROOF IN DUE PROCESS On November 14, 2005 , the United States Supreme Court issued a decision in Schaffer v. Weast, concerning which side (school districts or parents) should bear the burden of proof in special education due process hearings. The Court ruled that the burden of proof should be assigned to whichever party initiated the due process hearing. Because most hearings are initiated by parents, this means parents will usually bear the burden of proof. This is a shift from the way due process hearings have been handled in Pennsylvania and New Jersey for many years (the decision’s impact in New Jersey is unclear due to a New Jersey Supreme Court decision requiring school districts to bear the burden in all cases). Many commentators have suggested that the Supreme Court’s decision is a blow to parents of children with disabilities. In our experience, it matters little which party bears the burden of proof. Hearing officers or judges in special education cases have always made their decisions based upon a "preponderance of the evidence;" in other words, the side with more credible evidence to support its position should win. The only time the burden of proof is important is where one party produces no credible evidence to support its position, or if the evidence produced by both parties is equal. Both of these situations are extremely rare.In our experience, parents did not fare any worse during the 1970's and 1980's when the burden was on them than they did after the rules were changed to place the burden on school districts. The following are things parents can do to increase their chances of success if litigation is necessary (or minimize the likelihood that litigation will even be necessary): 1. Secure a qualified independent evaluator/consultant: In most cases, it is virtually impossible for a parent to prevail without having an expert witness to testify in support of their position. An expert should review all relevant records, speak with anyone with knowledge of the student and programs and services at issue, and observe the student at home and school. 2. Ensure that all important communications are memorialized in writing: Parents should send a letter to communicate anything of significance to the District regarding the student. Parents should also request that the District provide important communications in writing. If the District refuses, parents should send a letter confirming verbal information provided by the District. 3. Make sure that the student’s records accurately reflect the "whole student": Parents can and should provide written input at all stages of the process setting forth their observations and concerns regarding the student’s performance and functioning in the home and community. 4. Don’t let emotions run out of control. It is natural to become emotional or frustrated when disputes arise with school districts. However, it is important to ensure everyone involved in the process is treated respectfully. In due process hearings, school districts sometimes exaggerate any emotional outbursts or personal attacks made by parents, which can undermine the parent’s credibility and distract attention from the real issues. Herbert D. Hinkle, his partner, Ira M. Fingles, and their colleagues, S. Paul Prior and Valerie A. Powers Smith, maintain a multi-state law practice with offices in Lawrenceville, Marlton, and Florham Park, New Jersey, and Plymouth Meeting and Yardley, Pennsylvania. They lecture and write frequently on topics of law, aging , disability, health care and estate planning and are available to speak to groups in New Jersey and Pennsylvania at no charge. Comments and suggestions for future articles should be mailed to: HINKLE & FINGLES, Attorneys at Law, 2651 Main Street , Suite A, Lawrenceville , New Jersey 08648-1012 . You can also browse their Website at: WWW.HINKLE1.COM. Copyright 2005 Hinkle & Fingles. All rights reserved . DisLaw-11-2005-3.wpd OMR Community Employment Initiatives for Transitioning Youth Montgomery County has been working diligently over the past twenty years to offer employment services to individuals with mental retardation. Beginning January 1, 2006 , the Office of Mental Retardation (OMR) will be promoting community employment outcomes for individuals receiving services through the Mental Retardation Department. The focus of this movement is to ensure that individuals receiving services and their families have the information needed to make an informed choice about employment. Individuals receiving services, or those identified to receive funding, will be asked to focus on employment outcomes during their annual Individual Support Plan (ISP) meeting. At the annual ISP meeting, Supports Coordinators will be required to complete an employment supplement and share resources that will promote community employment. Who is Involved? OMR’s RECOMMENDED PROCESS Phase 2: Two years prior to graduation, the school district or IU meets with the student, family, teacher, transition team, and Supports Coordinator to finalize the IEP based on desired post-school outcomes. During this meeting, the Supports Coordinator will explain employment and other community MR services, the Individual Support Plan (ISP) process, and eligibility in the community mental retardation system. The ISP process should also be initiated during the student’s last two years in high school. Phase 3: During the last year of high school, the school district or IU and members of the transition team should attempt to coordinate students’ employment opportunities to parallel their desired post-school employment goals. They should invite a counselor from the Office of Vocational Rehabilitation (OVR) to the final IEP if it is expected that the student will apply for OVR services. Families should sign release forms to forward students’ assessments to OVR. The Supports Coordinator should complete the ISP process and update the PUNS based on the changes that are identified in the IEP. Resources SEPTA (www.septa.org) offers several programs that provide transportation to individuals that need to travel to and from work, suchas paratransit or Customized Community Transportation (www.septa.org/riding/access; click on the icon for Customized Community Transportation). The American Public Transportation Assocation (http://www.apta.com/) also provides information on public transportation. It is a good idea to obtain a non-driver's photo ID from a State Police Examination Center . Employment networks under the “Ticket to Work” and “Work Incentives Act” have recently begun to identify themselves as a source of job training. Information about these programs can be obtained by contacting your local Social Security Administration Office. If you need more information regarding transition planning from the Montgomery County Office of Mental Retardation, please contact your Suppports Coordinator at 610-278-1284. (Editor’s note: Contact for these various county offices are all available by clicking on School to Work and selecting your County on www.transitionmap.org.) Transition to … a waiting list? Transition from education to the adult world brings with it a new set of learning. Students must be registered with their local county Mental Health/Mental Retardation agency in order to receive services. They must fill out the PUNS (Prioritization of Urgency of Need of Services) form which will place them in a specific category. The categories are Emergency, Critical and Planning. Only people in the Emergency category will receive services. The assumption that many people make is that all links to the proper agencies for adult services have been made prior to the end of education in High School– but they only can be made by the person and their family, so early preparation is the key to accessing services and supports. Bristol Jr. / Sr. High School Central Bucks East High School Central Bucks West High School Council Rock High School North Council Rock High School South Morrisville Middle/Senior High School Neshaminy High School New Hope-Solebury High School Palisades High School Pennridge High School Pennsbury High School East Pennsbury High School West Quakertown Community Senior High School Additional Resources: The Partnership: The PA Training Partnership for People with Disabilities and Families makes available coordinated, consistent training and technical assistance across the Commonwealth. The Partnership offers knowledge, power and assistance to citizens with disabilities who are eager to belong and contribute to their communities. For more information call 1-866-865-6170 or visit www.TheTrainingPartnership.org. PaTTAN has revised the following Transition brochures : Transition: What Educators Need to Know Transition: What Families Need to Know These fact sheets provide information for educators, administrators, and families regarding secondary transition planning for students with disabilities. To access these products go to www.pattan.net, go to Resources and click on Publications . Under "View Publications by Interest Area," select Secondary Transition from the drop-down menu. Under "View Publications by Material Format," select Quick Facts from the drop-down menu. Click Search for Publications . If you would like to receive hard copies of this product, please order online at www.pattan.net or email your request to Sunanda Banerjee at sbanerjee@pattan.net . PA Education for All Coalition is a partnership of parents, educators, related professionals and others who believe that children of all backgrounds and abilities should be successfully educated together in their neighborhood schools within the general education curriculum. The Education for All listserv is an exchange of ideas, stories and thoughts regarding inclusive education. Within the Coalition, the Parent Consultant Network provides training and technical assistance to schools and school districts, universities and colleges that prepare future teachers, and parents of children with disabilities who are advocating for inclusive education. For more information contact Diane Perry at 610-522-0698 or visit www.disabilities.temple.edu/programs/inclusive/ed_coalition.htm. Recording for the Blind and Dyslexic provides recorded textbooks for those who cannot read standard print because of visual, physical or learning disability. For more information, call 610-265-8090 or email philadelphia@rfbd.org Special Education in a Nutshell is available online at the Education Law Center – PA Website. http://www.elc-pa.org/pubs/downloads/english/dis-special-education-in-a-Nutshell-2005.pdf. Parents of children with disabilities are also protected by ADA. The purpose of the association provision is to prevent employers from taking adverse actions based on unfounded stereotypes and assumptions about individuals who associate with people who have disabilities. Thus, it makes unlawful actions such as refusing to hire an individual who has a child with a disability based on an assumption that the applicant will be away from work excessively or be otherwise unreliable, firing an employee who works with people who are HIV-positive or have AIDS based on the assumption that the employee will contract the disease, or denying an employee health care coverage available to others because of the disability of an employee's dependent. This document explains the requirements of the ADA's association provision and provides examples of how it applies to these and other employment situations The next stop on the journey: School To Work |