TRANSITION SERVICES- NOT JUST FOR STUDENTS WHO TURN 16

The IDEA specifies that a student is entitled to transition services as he or she prepares to exit the public school system. (20 USC Section 1414(d)(1)(A)(i)(VII)). Many courts have interpreted the IDEA narrowly by concluding the purpose of the statute is to prepare students to enter the workforce. Those courts have excluded transition services at any other time. In 2017, the 9th Circuit Court of Appeals revisited this issue and reversed those decisions.

In reversing prior decisions, the 9th Circuit Court looked at 20 USC 1414(d)(1)(A)(i)(IV) which states that the IEP must include supplementary aids and services which will allow children to… be educated and participate with other children with disabilities and nondisabled children. Services that ease the transition between institutions or programs- whether public or private- serve this purpose. R.E.B. v. State of Hawaii Dept. of Education (9th Cir. 2017) 870 F.3d 1025.

If a student will be transitioning between new academic environments (preschool to school, elementary to middle school, etc.) and you believe they require a transition plan, contact Kristin Springer (925) 551-1041.

 

(Note: This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. The website has been designed to be a resource for information on matters that might be of interest to current or potential clients but does not establish that relationship. For further information visit my Disclaimer page- https://specialedlegaljourney.com/about/disclaimer/)

 

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Author: Kristin Springer Attorney at law

I am an attorney who practices civil rights and education law in the Bay Area. I was admitted into practice in November 2000. In addition to my license to practice law, I am a trained mediator who has completed over 40 hours of training and participated in numerous mediations. In August 2016, after taking five years off to homeschool my children, I made the decision to focus my practice on the civil and educational rights of students in the State of California. Having a child who had an individual education plan until he graduated, I know firsthand how difficult it can be to advocate for your child to receive an appropriate education.  I represent students with disabilities in disputes with their school district about what is an appropriate education. My work includes claims under the IDEA, ADA, Section 504 of the Rehabilitation Act, and California Law. I have experience in handling disciplinary matters, Title IX investigations, and civil harassment/TRO hearings. If you would like to contact me, feel free to call my office at 925-551-1041.

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