Date: December 1993

District Superintendents
Presidents of Boards of Education
Superintendents of Schools
Directors of Special Education
Executive Directors of Approved Private Schools
Principals of Public Schools
Chairpersons of Committees on Special Education
Directors of Pupil Personnel Services
Commissioner's Advisory Panel on Special Education Services
Impartial Hearing Officers
SETRC Project Directors and Training Specialists
CBVH District Offices
VESID District Office Managers
Independent Living Centers
Statewide Transition Coordination Workgroup
VESID Advisory Council
Independent Living Advisory Council
Student and Parent Advocacy Networks
Team Leaders
Transition Families

Thomas B. Neveldine

SUBJECT: Transition Services and Rehabilitation Counseling Services as a Related Service for Students with Disabilities

At its September 1993 meeting, the Board of Regents amended the Part 200 Regulations of the Commissioner of Education to include transition services and rehabilitation counseling services for students with disabilities. The amendments, which were effective September 28, 1993, were necessary to conform with the amendments to the Individuals with Disabilities Education Act (IDEA) and Education Law §4401, as amended by Chapter 699 of the Laws of 1993. The amendments are scheduled for confirmation at the December 1993 meeting of the Board of Regents.

These changes require school districts to recommend and arrange for appropriate procedures for providing transition services to secondary students with disabilities to enable comprehensive planning for post-secondary education, vocational training, employment, community participation and/or adult services. In addition, the new requirements are consistent with the Joint Agreement between the Office of Vocational and Educational Services for Individuals with Disabilities, the Office for Elementary, Middle and Secondary Education and the Commission for the Blind and Visually Handicapped on the Provision of Transition Services. The following is a summary of the changes.

Section 200.1(gg) was amended to include in the definition of related services rehabilitation counseling services. Consistent with the federal definition (34 CFR 300.16(b)(10)), such services are intended to focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community. The service may be delivered on an individual or group basis and must be provided by qualified personnel. The term also includes vocational rehabilitation services for students with disabilities which may be provided by vocational rehabilitation programs funded under the Vocational Rehabilitation Act of 1973, as amended.

As defined under Section 200.1(rr), transition services means a coordinated set of activities which include instruction, community experiences, employment objectives and other post-school, adult living objectives and if appropriate, the acquisition of daily living skills and a functional vocational evaluation. Transition services are outcome oriented and are intended to promote movement from school to post-school activities. Post-school activities include, but are not limited to, post-secondary education, vocational training, integrated competitive employment (including supported employment), continuing and adult education, adult services, independent living and community participation. The planning process is based upon the student's needs, preferences and interests.

A new paragraph (ss) was added to Section 200.1 that defines participating agency as a State or local agency, other than the school district, that is financially and legally responsible for providing transition services.

Age Eligibility - Addressing Transition Services on the Individualized Education Program (IEP)

Section 200.4 of the Regulations was amended to require specific transition requirements in the IEP for students with disabilities who are 15 and older (or younger, if appropriate). The Committee on Special Education (CSE) annual review cycle should include transition planning for those students who will become age 15 during the upcoming school year. This will ensure that transition services are implemented as soon as the student turns age 15. The IEP must include a statement that provides a description of the transition services needed. This description should include activities that promote movement from school to post-school opportunities in the areas of instruction, community experiences, and the development of employment and other post-school adult living objectives. If the CSE determines that services are not needed in one or more of these areas, the IEP must include a statement to that effect and the basis upon which its determination was made. If appropriate, the IEP should also include activities directed toward the acquisition of daily living skills and functional vocational evaluation. This determination should be based upon the individual needs of each student.

Transition services require a comprehensive, coordinated planning process. The focus of the IEP should be to integrate the needed transition activities with the total educational program of the student. To accomplish this, the IEP for a student age 15 or older should include desired long-term adult outcomes as the basis for determining the coordinated activities to promote the student's movement from school to post-school opportunities. These activities in the areas of instruction, community experiences and the development of employment and other post-school adult living objectives could include, but are not limited to, general and special education class instruction, occupational education, supported employment, work-study programs, leisure/recreational learning experiences, and others as listed in the June 1992 memorandum on transition planning and services that was disseminated to the field under my signature. When such activities are considered special education services and/or programs, the IEP would also include annual goals and objectives to guide the provision of special education. In addition, the statement of needed transition services in the IEP must include, if applicable, a statement of the responsibilities of the school district and participating agencies for the provision of such services and activities.

According to Section 200.4(c)(4) of the Regulations, the student must be invited to any meeting scheduled to consider transition services. If the student is unable to attend the meeting, the district must take other steps to enable the student to participate in the planning process and to make known his or her needs, preferences and interests. In addition, a representative of the agencies that may be responsible for providing or paying for transition services should be invited to the meeting. If the agency(ies) representative(s) is unable to attend, the CSE must provide an alternative opportunity for the agency's input in the planning process.

Education Law Section 4401, as amended by Chapter 699 of the Laws of 1993, authorizes school districts to enter into formal agreements with participating agencies for the provision of transition services such as vocational training programs approved by SED or by another State agency. School districts need to work collaboratively with participating agencies to ensure a coordinated approach to the provision of transition services that will prepare a student with disabilities for employment, postsecondary education or community living in integrated settings. Coordination of services will also eliminate the duplication of assessments, services and reporting. Consistent with federal and State law, a participating agency is not relieved of its responsibility to provide or pay for those transition services for a student with disabilities who meets the agency's eligibility criteria simply because the services are included on the student's IEP. According to Section 200.4(d)(3), if a participating agency does not provide the agreed upon services, as stated in the IEP, the school district must initiate another meeting of the CSE "as soon as possible." The goals, objectives and activities should be reviewed at that time and revised, if appropriate. If the goals and objectives remain appropriate, then alternative activities must be arranged to foster these desired outcomes.

Sections 200.16(d)(3) and (6) involve technical changes due to the renumbering of some sections of the Regulations.

Additional information that may assist school districts in implementing these requirements is included in a memorandum of June 1992 that was disseminated to the field under my signature.

Attached is a copy of the statutory and regulatory amendments. Further questions or information on these procedures should be directed to the Office for Special Education Services at (518) 474-5548, or your Special Education Quality Assurance Regional Office.

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Del Toro) -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to conforming state statutes with federal statutes

EXPLANATION--Matter in italics (underscored) is new; matter in brackets[ ] is old law to be omitted.

LBD11864-01-3

A 8732

1. Subdivision (gg) of Section 200.1 of the Regulations of the Commissioner of Education is amended, effective January 6, 1994, to read as follows:

(gg) Related services means speech pathology, audiology, psychological services, physical therapy, occupational therapy, counseling services, including rehabilitation counseling services, medical services as defined in this section, parent counseling and training, school health services, school social work, other appropriate developmental or corrective support services, appropriate access to recreation and other appropriate support services.

2. Section 200.1 of the Regulations of the Commissioner of Education is amended, effective January 6, 1994, by adding new subdivisions (rr) and (ss) to read as follows:

3. Paragraph (2) of subdivision (c) of Section 200.4 of the Regulations of the Commissioner of Education is amended by adding a new subparagraph (v) and renumbering existing subparagraphs (v)-(viii) as (vi)-(ix), effective January 6, 1994, to read as follows:

[(v)] (vi) •••

[(vi)] (vii) •••

[(vii)] (viii) •••

[(viii)] (ix) •••

4. Subdivision (c) of Section 200.4 of the Regulations of the Commissioner of Education is amended, effective January 6, 1994, by adding a new paragraph (4) and renumbering existing paragraphs (4) and (5) as (5) and (6) to read as follows:

[(4)] (5) •••

[(5)] (6) •••

5. Subdivision (d) of Section 200.4 of the Regulations of the Commissioner of Education is amended effective January 6, 1994, by adding a new paragraph (3) to read as follows:

(3) If a participating agency fails to provide agreed-upon transition services contained in the student's IEP, the district responsible for the student's education shall, as soon as possible, initiate a meeting to identify alternative strategies to meet the transition objectives and, if necessary, revise the student's IEP. Nothing in this Part shall relieve any participating agency of its responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet its eligibility criteria.

6. Clause (b) of subparagraph (iv) of paragraph (2) of subdivision (f) of Section 200.4 of the Regulations of the Commissioner of Education is amended, effective January 6, 1994, to read as follows:

(b) if the student is determined to have a disability, indicates the following:

(1) •••

(2) •••

(3) •••

(4) the recommended program from the options set forth in section 200.6 of this Part, the class size, if appropriate, and the extent to which the student may participate in regular education programs, including occupational education when appropriate, and for each student age 15 (and at a younger age, if determined appropriate) a statement of need for transition services as defined in section 200.1 (rr) of this Part;

(5) •••

(6) •••

7. Paragraph (1) of subdivision (a) of Section 200.5 of the Regulations of the Commissioner of Education is amended, effective January 6, 1994, by adding a new subparagraph (xii) to read as follows:

8. Paragraph (3) of subdivision (d) of Section 200.16 of the Regulations of the Commissioner of Education is amended, effective January 6, 1994, to read as follows:

(3) If the preschool student has been determined to be eligible for special services and programs, the committee shall, prior to recommending any program, consider the appropriateness of providing related services or special education itinerant services only. The recommendation shall be developed in accordance with section 200.4(c)(2) of this Part provided that subparagraphs (iv) and [(vii)] (viii) of such paragraph shall not apply. In addition, the recommendation for special education programs and services for a preschool student with a disability shall:

(i) •••

(ii) •••

(iii).•••

(iv) •••

(v) •••

(vi) •••

9. Paragraph (6) of subdivision (d) of Section 200.16 of the Regulations of the Commissioner of Education is amended, effective January 6, 1994, to read as follows:

(6) In the event that the parent does not choose to participate in the development of such recommendation, the committee shall forward its recommendation to the board of education and the parent as otherwise required in accordance with section 200.4(c) [(5)] (6) of this Part.