Current through September 27, 2023
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-30-4; IC 20-30-10-2; IC
20-32-4-14; IC 20-35; IC 22-4.1-2
Sec. 4.
(a) The CCC
must develop a transition IEP that will be in effect when the student:
(1) enters into grade 9; or
(2) becomes fourteen (14) years of age;
whichever occurs first, or earlier if determined appropriate by the CCC.
(b) This section does
not apply to a student:
(1) convicted as an
adult under state law; and
(2)
incarcerated in an adult prison; if the student's eligibility under this
article will end because of the student's age, before the student will be
eligible to be released from prison based on consideration of the student's
sentence and eligibility for early release.
(c) The review and revision of a transition
IEP must be in accordance with this section and
511 IAC 7-42-9.
(d) Notice of a CCC meeting to develop or
revise a transition IEP must be in accordance with
511 IAC 7-42-2.
(e) The members of the CCC who must
participate in the development or revision of a transition IEP are specified in
511 IAC
7-42-3(d)(2), which states that the
public agency must invite:
(1) the student,
and, if the student does not attend, the public agency must take other steps to
ensure that the student's preferences and interests are considered;
and
(2) to the extent appropriate,
and with the consent of the parent (or student of legal age as defined in
511 IAC 7-32-91), a
representative of a participating agency (other than the public agency) likely
to be responsible for providing or paying for transition services.
(f) When developing or revising a
student's transition IEP, a CCC must consider the general and special factors
described in
511 IAC 7-42-6(b)
and
511 IAC
7-42-6(c).
(g) A general education teacher of the
student, as a member of the CCC, must, to the extent appropriate, participate
in the development or revision of a student's transition IEP, including
determining the following:
(1) Appropriate
positive behavioral interventions and supports and other strategies for the
student.
(2) Supplementary aids and
services, program modifications, and support for school personnel consistent
with subsection (h)(8).
(h) A transition IEP must contain the
following:
(1) A statement of the student's
present levels of academic achievement and functional performance, including
the following:
(A) How the student's
disability affects the student's involvement and progress in the general
education curriculum.
(B)
Information from age appropriate transition assessments of:
(i) strengths;
(ii) preferences; and
(iii) interests.
(2) Appropriate measurable
postsecondary goals, based upon age appropriate transition assessments that are
related to:
(A) training;
(B) education;
(C) employment; and
(D) where appropriate, independent living
skills.
(3)
Documentation regarding whether the student will pursue:
(A) an Indiana diploma as defined in
511 IAC
6-7.1-1(e); or
(B) an alternate diploma under
511 IAC 6-7.1-10.
(4) The transition services, as
defined in
511 IAC 7-32-100, needed to
assist the student in reaching postsecondary goals, including the individuals
and agencies identified for implementing the transition services.
(5) If appropriate, based upon the transition
services identified in subdivision (4), documentation that the CCC reviewed
information, and the public agency presented written information to the parent
and student, regarding available adult services provided through state and
local agencies and other organizations to facilitate student movement from the
public agency to adult life. Adult services may include, but are not limited
to, services provided by the following:
(A) A
vocational rehabilitation services program.
(B) The department of workforce
development.
(C) The Social
Security Administration.
(D) The
bureau of developmental disabilities services.
(E) A community mental health
center.
(F) A community
rehabilitation program.
(G) An area
agency on aging.
(6) The
following:
(A) A statement of measurable
annual goals, including academic and functional goals designed to support and
align with the student's postsecondary goals, that meet:
(i) the student's needs that result from the
student's disability to enable the student to be involved in and make progress
in the general education curriculum; and
(ii) each of the student's other educational
needs that result from the student's disability.
(B) For students who participate in alternate
assessments aligned to alternative academic achievement standards, a
description of benchmarks or short term objectives.
(7) A description of the following:
(A) How the student's progress toward meeting
the postsecondary and annual goals described in subdivision (6) will be
measured.
(B) When periodic reports
on the progress the student is making toward meeting the postsecondary and
annual goals (such as through the use of quarterly or other periodic reports,
concurrent with the issuance of report cards) will be provided.
(8) A statement of the special
education and related services and supplementary aids and services, based on
peer-reviewed research to the extent practicable, to be provided to the
student, or on behalf of the student, and a statement of the program
modifications or supports for school personnel that will be provided to enable
the student to do the following:
(A) Advance
appropriately toward attaining the postsecondary and annual goals.
(B) Be involved in and make progress in the
general education curriculum in accordance with subdivision (1) and participate
in extracurricular and other nonacademic activities.
(C) Be educated and participate with other
students with disabilities and nondisabled students in the activities described
in this article.
(9) An
explanation of the extent, if any, to which the student will not participate
with nondisabled students in:
(A) the general
education environment; and
(B)
extracurricular and other nonacademic activities.
(10) A statement regarding the student's
participation in statewide or local assessments of student achievement,
including the following:
(A) Individual
appropriate accommodations that are necessary to measure the academic
achievement and functional performance of the student consistent with
511 IAC 7-36-10.
(B) If the CCC determines, in accordance with
511 IAC 7-36-10(g)
and
511 IAC
7-36-10(h), that the student must
take an alternate assessment of student achievement, instead of a particular
statewide or local assessment, a statement:
(i) that the criteria for the alternate
assessment have been met;
(ii) of
why the alternate assessment selected is appropriate for the student;
and
(iii) documenting that the
public agency informed the parent that the student's performance will be
measured against grade level aligned alternate academic achievement
standards.
(11) The projected date for initiation of
services and modifications described in subdivision (8) and the anticipated
length and frequency, location, and duration of services and
modifications.
(12) Courses of
study to achieve postsecondary goals.
(13) A statement of the student's need for
extended school year services consistent with
511 IAC 7-36-4(c)
and
511 IAC
7-36-4(d).
(14) Identification of the placement in the
least restrictive environment as described in
511 IAC 7-42-10.
(15) Beginning not later than one (1) year
before the student becomes eighteen (18) years of age, a statement that the
student and the parent have been informed that parent's rights under this
article will transfer to the student at eighteen (18) years of age in
accordance with section 5 of this rule.
(16) Written notes documenting the meeting of
the CCC, including the following:
(A) The
date and purpose of the meeting.
(B) The names and titles of the
participants.
(C) The issues
discussed during the meeting.
(i) Nothing in this section must be construed
to require:
(1) that additional information be
included in a student's transition IEP beyond what is explicitly required in
this article; or
(2) the CCC to
include information under one (1) component of the student's transition IEP
that is already contained under another component of the student's transition
IEP.
(j) The public
agency must give the parent a copy, at no cost, of the student's transition
IEP. The copy may be:
(1) provided to the
parent at the conclusion of the CCC meeting; or
(2) mailed to the parent at a later date.
If mailed, the copy must be received by the parent not later
than ten (10) business days after the date of the CCC meeting.
(k) A member of the CCC
may submit a written opinion regarding the transition IEP. The written opinion
must:
(1) be submitted to the public agency
not later than ten (10) business days after the date of the CCC meeting;
and
(2) remain with the student's
educational records.
(l)
If a participating agency, other than the public agency, fails to provide the
transition services described in a transition IEP, the public agency must
reconvene the CCC to identify alternative strategies to meet the transition
objectives for the student set out in the transition IEP.
(m) Nothing in this article relieves a
participating agency, including a state vocational rehabilitation agency, of
the responsibility to provide or pay for a transition service that the agency
would otherwise provide to students who meet the eligibility criteria of that
agency.
Indiana State Board of
Education; 511 IAC 7-43-4; filed Jul 14, 2008, 1:24 p.m.:
20080813-IR-511080112FRA
Readopted
filed 11/6/2014, 3:23 p.m.:
20141203-IR-511140382RFA
Filed
3/18/2019, 2:33 p.m.:
20190417-IR-511180153FRA
Filed
3/6/2023, 8:46 a.m.:
20230405-IR-511220325FRA
