Indiana Administrative Code
Rule 43 - Related Services; Transitions; Transfer of Rights
Section 43-4 - Transition individualized education program

Universal Citation: 511 IN Admin Code 43-4

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

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