- Email: [email protected]
Moving From School to Adult Life: Transition Services for Students with Disabilities
VOCATIONAL REHABILITATION
1047-9651 /97 $0.00
+ .20
MOVING FROM SCHOOL TO ADULT LIFE Transition Services for Students with Disabilities Pat Brown, EdD, and Steven W. Nourse, EdD
Both federal and state legislations have affected the manner in which persons with disabilities are being provided with access to a multitude of services. These pieces of legislation, however, are just an external indicator of profound change in philosophy and attitudes toward persons who have a disability. Prior to the passage of the Education of the Handicapped Act (PL 94-142) in 1975, over 1 million children with disabilities were excluded from public schools. The Education of the Handicapped Act guaranteed access to a free and appropriate public education (FAPE).An assumption was made that access to publicly funded education would ensure equitable outcomes for students with disabilities. Many students leaving special education, however, often do not enjoy the same success as their nondisabled peers.3, High school completion rates are low, the success rate of special education graduates in postsecondary settings is dismal, and far too many youths with disabilities are unemployed. On October 30, 1990, President Bush signed the legislation enacting the Individuals with Disabilities Education Act (PL 101-476; IDEA). This legislation mandates that every student eligible for special education services have transition services incorporated into their individualized This work was supported in part by the Washington State Office of the Superintendent of Public Instruction, Grant Contract Numbers GR33501 and GR38625. The views presented in this article are solely those of the authors.
From the Center for Change in Transition Services, University of Washington, Seattle, Washington
PHYSICAL MEDICINE AND REHABILITATION CLINICS OF NORTH AMERICA VOLUME 8. NUMBER 2. MAY 1997
359
360
BROWN & NOURSE
education program (IEP) no later than age 16 and, when appropriate, beginning at age 14 or younger. IDEA defines transition services as follows: A coordinated set of activities for a student, designed within an outcome
oriented process, which promotes movement from school to post school activities including post secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student needs, taking into account the student's preferences and interests, and shall include instruction, vocational education/training, community experiences, the development of employment and other school aduit living objectives and, if appropriate, acquisition of daily living skills and functional vocational e~aluation.~ Other legislation also important to the transition process includes the Americans with Disabilities Act (ADA)of 1990 and the Rehabilitation Act (Amendments of 1992), which empower individuals with disabilities to prepare for and obtain employment, economic self-sufficiency, independence, and integration into society. Under the Rehabilitation Act, vocational rehabilitation services are provided to interested and eligible individuals who (1) have the presence of a physical or mental impairment that constitutes or results in a substantial impediment to employment; and (2) require vocational rehabilitation services to prepare for, enter, engage in, or retain gainful employment. Table 1outlines some of the essential transition-related components of Section 504 of the Rehabilitation Act, the ADA, and IDEA. TRANSITION PLANNING FOR STUDENTS WITH DISABILITIES
Transition planning is a partnership involving students with disabilities, their families, school personnel, local community and adult service representatives, employers, and other interested professionals. For some students, input from medical professionals may also be required and lead to the development of an even more comprehensive and effective transition plan. The overall goal of transitioning is to nurture and assist students in identifying opportunities and experiences during their school years that will help prepare them for adulthood. Transition planning is an integral component of students' IEPs, focusing on both the present and future needs of the students. Planning for the future should help the IEP team design functional instructional programs that reflect the students' interests and needs for life as adults in the areas of employment, community living and community involvement, postsecondary education, leisure activities, and the development of friendships. Effective transition services should enable the student to help manage his or her future life with the highest degree of independence possible.
MOVING FROM SCHOOL TO ADULT LIFE
361
THE IEP AND TRANSITION
An IEP is developed for each student who is eligible to receive special education services. Although there is no standard format for writing an IEP, there are common components. These include student demographic information, participant signatures, and type of special education and related services to be provided, based on the individual needs of the student; adaptation and modifications required; justification for type of placement and placement decision (e.g., general education classroom, special education classroom, hospital instruction); present levels of educational performance; annual goals, short-term objectives, and schedules for their accomplishments; and, for students age 16 or younger when appropriate, the secondary transition component. This transition component should include a statement of needed transition services including goals and objectives based on a functional vocational evaluation, anticipated postschool outcomes, and a statement of the interagency responsibilities or linkages (or both) before the student leaves the school setting. Transition planning is a team process. IDEA specifically states that, "if a purpose of the IEP meeting is the consideration of transition services for a student, the district shall also invite: the student and a representative of any other agency that is likely to be responsible for providing or paying for transition services (300.344 [c] [1-2]).6 One of the most important functions of the transition team is to gather information about the students' interests and aptitudes in order to assist the family and student to visualize the future. This process usually requires more that the administration of a particular test or battery of tests; it requires a functional assessment. FUNCTIONAL ASSESSMENT
Functional assessment is an outcome-oriented and practical appraisal process. Educators, medical professionals, and others can evaluate information from a variety of sources to identify appropriate educational goals and those interventions necessary to support those goals.7 Many assessments in school systems are diagnostic. They are performed to determine eligibility for special education services. The purpose of functional assessment is not diagnostic and does not focus on the disabling condition. Rather, the purpose is to identify maximum potential outcomes across environments and with related services, including assistive technology, and occupational, physical, and speech therapies. This requires that evaluators focus on those skills necessary to achieve postschool outcomes across a variety of environments including employment, recreation, social, community access, and education. The functional assessment process must be dynamic and fluid, and should be continually revised as the student develops, community resources change, and employment opportunities become available. Text continued on page 366
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Table 1. TRANSITION-RELATED COMPONENTS OF SECTION 504, THE ADA, AND THE IDEA Issue
Section 504'
Coverage
"No othetwise qualified handicapped individual in the United States, . . . shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. . . . "l Covers all public and private entities receiving any federal funds including public and private schools.
Protected classes
"Handicapped person means any person who: i) has a physical or mental impairment that substantially limits one or more of the major life activities, ii) has a record of such an impairment, or iii) is being regarded as having such an irn~airment."~
ADA (Title "Subject to the provision of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity or be subjected to discrimination by any such entity."2 Covers all public entities, including public schools (private schools covered by Title Ill) whether federally funded or not. Prohibits discrimination in all activities including nonacademic services (e.g., health, day care, extrac~rricular).~ "Individual with a disability means any person who: i) has a physical or mental impairment that substantially limits one or more of the major life activities, ii) has a record of such an impairment, or iii) is being regarded as having such an impairment."' Excludes specific behavior, including current illegal users of drugs by specifically
IDEA5 "To assure that all children with disabilities have available to them free appropriate public education which emphasizes special education and related services designed to meet their unique needs. . . ."4 "Each state shall ensure that FAPE is available to all children with disabilities. . . aged 3 through 21 within the state . . . " Covers all states that choose to participate, including public and private school^.^
Due process applied to all school children who seek inclusion in or exclusion from special education. FAPE applies only to children with impairments specified in statute "who need special education and related se~ices."~ Covers children who qualify between ages 3 and 21. Thirteen categories of disability included.
Operative terms and requirements
Definition broader than IDEA (e.g., students who are not eligible under IDEA may be under $504). Excludes those "currently engaged in illegal use of drugs." Can take disciplinary action as other students if using drugs (not mere possession). "Handi~ap."~ "Otherwise qualified."1° FAPE ". . . the provision of regular or special education and related services . . . "I1 IEP not required. Education with nonhandicapped students to maximum extent appropriate. Program accessibility "when viewed in entirety is readily accessible." Necessary related aids and services required even if special education not required.
excluding such behavior, from the definition of disability. Temporary disabilities covered.
"Qualified individual with disability." No specific requirement to provide FAPE in federal statute or rules. The generic nondiscrimination mandate, however, the basis upon which Office of Civil Rights (OCR) adopted S504 rules, is virtually identical. Until case law indicates otherwise, it is safest to assume that access, mainstreaming, and accessibility issues will be treated similarly under 9504 and ADA.
FAPE: Appropriate means access plus more than de minimis educational benefits. Least Restrictive Environment (LRE): Each student with disability participates with others to maximum extent appropriate. Special educationl2 Related sewices13: Those sewices with student needs to benefit from special education. Services other than medical except for education or diagnostic purposes. IEP Table continued on following page
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Table 1. TRANSITION-RELATED COMPONENTS OF SECTION 504, THE ADA, AND THE IDEA (Continued) Issue
Section 504'
Reasonable accommodation standard
Reasonable accommodation is required by case law. Appears same as ADA standard. Auxiliary aids.14
Administrative enforcement
OCR enforces. Also OCR rules require compliance with standard of IDEA.19 Procedural safeguards: identification, evaluation, and pla~ement.~~ Parent notice,21examine records, impartial hearing, represent counsel, review procedure. Private right of action. Adopts remedies, procedures, rights set forth in Title VI of the Civil Rights Act of 1964.22 Need not exhaust administrative remedies prior to judicial action. Attorneys' fees a~ailable.~~
Judicial process and remedies
ADA (Title ll)B
Reasonable modifications required in policies, practices, or procedures to avoid discrimination.15 Exception if can demonstrate modifications would "fundamentally alter nature of service, program or activity."16 Does not require provision of personal services.17 Primary consideration to request person as to necessary aid. Must be provided unless show undue burden or alternative effective option.18 OCR enforces. No specific rules applicable to students in education programs.
Private right of action. Adopts remedies, rights of 9505 of Rehabilitation Act,24which incorporates those of Title VI of Civil Rights Act of 1964. Must exhaust administrative remedies prior to judicial action.
IDEA5
Cost (reasonableness) a factor in most special education, related services, and LRE definition. Cost never a factor to deny FAPE. Only reasonable modifications in education program regarding LRE decisions.
OSERS enforces. See 9504 and OCR enforcement of IDEA.
Private right of action. Must exhaust administrative remedies prior to judicial action. Remedies include compensatory education and reimbursement for out-of-pocket expenses. Other damage awards not determined.
Intentional discrimination includes damages awards. Compliance duties
'29 USC 5794.34 CFR 5104.4 ZTitle 11, Subtitle A 5202 334 CFR 5104.37; 28 CFR $35.1 30 420 USC §1400(c) =34CFR 5300.300 =34CFR 5104.3 '34 CFR 5104.3 9 4 CFR 5300.5 g34 CFR 5104.3(j) 1°34 CFR 5104.3(k)(2) "34 CFR 5104.3(b)l 1234CFR 5300.4
Self-evaluation required.26Must designate employee to coordinate complian~e.~~ Adopt grievance p r o c e d ~ r e Give .~~ notice of obligations under §504.29Report available for inspe~tion.~~ Certain compliance duties require 15+ employees. Remedial action required if recipient has di~criminated.~' "A recipient. . . shall provide a FAPE to each qualified handicapped person who is in the recipient'sjurisdication regardless of the nature of severity of the . . . handi~ap."~' Federal and state public disclosure also apply.33
Attorneys' fees available. Attorneys' fees available.25 Intentional denial of rights may Intentional discrimination include damage awards. includes damage awards. Assurance of compliance with Self-evaluation required.34 IDEA required as condition to Must designate employee to receive federal funds. coordinate compliance. Adopt grievance procedure. ~ i v notice e of obligations under 6504. i3Cport available for i n s ~ e c t i o n . ~ ~ Federal and state public disclosure laws also apply.36
1334CFR 5300.13(a) "34 CFR 5104.44 1528CFR 535.130 1628CFR 535.130 "28 CFR 535.135 1828CFR 635.160 lgln34 C F 5104.33(b)(2), ~ 35(d), 36 is compliance with 5504 2034CFR 5104.36 2134CFR 5104.36 2229USC 9794(a) 2329USC 5794(b) 2429USC 5794(a)
2528CFR 535.175 2634CFR 5104.6(~) 2734CFR 5104.7(a) 2834CFR 5104.7(b) 2B34CFR 5104.8 3034CFR 5104.6(~) 3i34 CFR 5104.6(a) 3234CFR 5104.33 %ertain compliance duties require 15 employees. 3428CFR 535.105 3528CFR 535.1 05 36Certaincompliance duties require 50+ employees.
+
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BROWN & NOURSE
The validity of functional assessment is limited by the degree to which the information is representative of the environments in which the student functions now and in the future. When functional assessments are limited to information typically available in the school system (e.g., psychological and other evaluations), resulting recommendations are limited. The result may be an under- or overestimation of students' potential to function independently outside the school environment. A functional assessment process should include three sources of data. First, data are collected through reviews of records and interviews with the student, parents, previous teachers, and others who have observed the student in various environments. Second, areas requiring additional data are noted and information may be gathered by direct observation. These observations may be made by teachers, parents, occupational therapists, or others, but it is important that data collection be simple, consistent, and practical. Third, additional information may be collected through observing the impact of educational and other intervention^.^ Collectively, these data constitute the foundation of a dynamic functional assessment. This functional assessment strategy identifies the students' assets as well as any barriers they may encounter as they move toward employment and community integration. A functional approach also allows the team to identify where assistive technology may serve to bridge barriers and encourages the development of interagency funding approaches. FUNCTIONAL VOCATIONAL ASSESSMENT
Functional vocational assessment represents a subset of the functional assessment process. The functional vocational assessment process includes information about the student's occupational interest, aptitudes, and demonstrated abilities in conjunction with employment opportunities within the community. A sampling of the kind of information that can be gathered includes The student's stated interests Functional life skills, such as time and money management Academic skills Aptitudes in skills, such as mechanical, spatial, numerical, and clerical Learning ability or style, and reasoning and problem-solving skills Communication skills Self-awareness and self-advocacy skills Physical abilities and limitations Health care and medical needs Work experience information, including the ability to work with others, information about the student's work habits, and transferable skills Preferred leisure and community recreation activities Developing a functional vocational evaluation is an ongoing process
MOVING FROM SCHOOL TO ADULT LIFE
367
of gathering information and synthesizing it in a meaningful way. As the student progresses toward graduation, the vocational evaluation should target increasing the student's access to employment and the community through job modification and the use of assistive technology. A SAMPLE IEP
The following is a sample secondary transitional IEP for Mandy, a 16-year-old girl born with cerebral palsy. Mandy lives in a suburban community in the Pacific Northwest. IEP
Student's Name: Mandy R. Date: 9/15/96 School: Central High Age/DOB: 4-30-80 Student in need of special education: yes Grade level: 10 Soc. Sec. #: 111-222-3333 Parent Notification: X Initial IEP: Review IEP: X Student Invitation: X Other Agency Invitation: X Section One: Present Levels of Educational Performance
What are Mandy's needs, interests, preferences, aptitudes, and current skills? In this section Mandy's deficit areas and the effect of these limitations on her educational performance should be described in objective and measurable terms. Medical professionals can contribute significantly to this section. For example, a description of the side effects or impact of medication should be taken into consideration when addressing Mandy's present level of performance. In this sample, neuropsychological information is also included. Mandy is 16 years old. She was born with cerebral palsy and has limitations in mobility, feeding, and other independent living activities, communication, and learning. She has indicated to her teachers and her family an interest in music and art. Her parents report that she enjoys working on the computer, particularly using the "paint" program, and has become adept at creating designs for home-made cards and stationery. Mandy has a full-scale Wechsler Intelligence Scale for Children score of 90 and reads at the fifth grade level with some difficulty sounding out words phonetically. Her comprehension is at the 5.2 grade level. Mandv can read and comvrehend articles vublished in the local daily news
368
BROWN & NOURSE
Section Two: Anticipated Postschool Outcome
What does Mandy want to do within a few years after high school in terms of employment, postsecondary or continuing education, and independent living? Mandy wants a job that makes a good living in a field related to art or music. Although she would consider continuing her education at the local community college, she would prefer to go "right to work." She and her best friend Sarah would like to live in an apartment together. Section Three: Statement of Needed Transition Services
What types of transition services need to be written into the IEP for next year in order for Mandy to progress toward her postschool outcome? Medical professionals, as part of Mandy's transition team, may suggest accommodations in the community, particularly in the areas of assistive technology that may help Mandy with her physical limitations, and functional assessment information that will assist in helping Mandy to explore vocational options. If services are not needed in one or more of the areas listed next, the IEP team must provide an explanation, including assessment and evaluation information.
Transition service areas Instruction
Present need
Future need
Not needed
X X*
Community experiences Adult living objectives
X
Daily living skills
X
Employment objectives
X
Vocational education and training
X
*Mandy does not require community experience services because both Mandy and her family report that she fully participates in the community. Mandy is active in community activities with her small group of friends and often assists with local theater productions, including handing out programs at the door.
Section Four: Agency Responsibility for Transition Services
What types of support will Mandy need after she exits the school system? The IEP team must provide a statement of each public agency's and each participating agency's responsibilities, linkages, or both, before Mandy leaves the school setting. Regarding agency responsibilities, medical professionals can be invaluable resources for suggesting linkages
MOVING FROM SCHOOL TO ADULT LIFE
369
with agencies that can provide postsecondary services for Mandy (e.g., therapy services, assistive technology services, attendant services, mental health services, family planning, and other support services). The school will provide services in the area of instruction, adult living objectives, daily living skills, employment objectives, and vocational education and training. The resource room teacher will contact the vocational rehabilitation counselor assigned to the high school to assist in setting up job trials for Mandy. With assistance from the resource room teacher, Mandy and her parents will contact the local office for the Job Training Partnership Act to inquire about possible summer employment for Mandy. Section Five: Annual Goals and Short-Term Objectives What should Mandy be doing in school now in order to achieve her anticipated postschool outcome? In secondary transitional IEPs, the annual goals and objectives should logically connect the functional vocational evaluation with the student's anticipated postschool outcome. The annual goals are directly related to the present levels of educational performance. Short-term objectives are the intermediate steps between the present levels of educational performance and the annual goal. They are written in measurable terms and must include objective criteria for evaluation. As a sample annual goal, Mandy will explore potential job opportunities using the most appropriate art-related software.
Instructional objectives 1. Mandy will work with her special education teacher, graphic arts teacher, occupational and physical therapist, the state assistive technology center specialist, and the vocational rehabilitation counselor to identify several types of appropriate art-related software. 2. Mandy will create camera-ready artwork for her career porfolio using her graphic design software.
Initiation and duration 9196-12196
12/96-6197
Evaluation strategies Identification of several modifications and adaptations to maximize Mandy's use of the software
Appropriate industry standards will be used to evaluate progress.
CONTRIBUTION OF MEDICAL PROFESSIONALS
Medical professionals can contribute to the transition process of individual students in several ways. They can advocate with the family for a functional assessment across environments, including those outside of the school setting, and object when necessary to the use of unrealistic
370
BROWN & NOURSE
evaluations. They can assist school personnel with the functional assessment process by providing critical medical data in functional terms that focus on the students' strengths rather than their limitations. Medical professionals can also actively participate in the IEP transition process as part of the related-services team. This team, which may include the occupational therapist, the physical therapist, the speech therapist, school nurse, and an assistive technology consultant, should be an equal partner with the student, the parents, and educational professionals in advocating for and designing appropriate transition services. SUMMARY Recent amendments to IDEA have made it clear that Congress holds schools responsible for preparing students to function in postsecondary environments. Currently, schools have discretion in how they approach this transition from school to adult life and the courts have generally not intervened in the process of educational decision-making when educators have adhered to the intent of the law and based decisions on valid professional assessments supported by appropriate documentation. Medical professionals, as part of the student's transition team, can contribute valuable information to these professional, functional assessments that will assist the student in making a successful transition from school to adult life. References 1. Americans with Disabilities Act of 1990 2. Amdorfer RE, Miltenberger RC: Functional assessment and treatment of challenging behaviors: A review with implications for early childhood. Topics in Early Childhood Special Education 13:1, 1993 3. Edgar E: Secondary programs in special education: Are many of them justifiable? Exceptional Children 53:6, 1987 4. Haley SM, Hallenborg SC, Cans BM: Functional assessment in young children with neurological impairments. Topics in Early Childhood Special Education 9:1, 1989 5. Hasazi S, Gordon LR, Roe CA: Factors associated with the employment status of handicapped youth exiting from high school from 1979-1983. Exceptional Children 51:6, 1985 6. Individuals with Disabilities Education Act of 1990. Pub L No. 101-476 7. McCue M, Pramuka M, Chase S, et al: Functional assessment procedures for individuals with severe cognitive disabilities. American Rehabilitation 20, 1994 8. Rehabilitation Act of 1973, Section 504
Address reprint requests to Pat Brown, EdD University of Washington Experimental Education Unit Center for Change in Transition Services Box 357925 Seattle, WA 98195
1047-9651 /97 $0.00
+ .20
MOVING FROM SCHOOL TO ADULT LIFE Transition Services for Students with Disabilities Pat Brown, EdD, and Steven W. Nourse, EdD
Both federal and state legislations have affected the manner in which persons with disabilities are being provided with access to a multitude of services. These pieces of legislation, however, are just an external indicator of profound change in philosophy and attitudes toward persons who have a disability. Prior to the passage of the Education of the Handicapped Act (PL 94-142) in 1975, over 1 million children with disabilities were excluded from public schools. The Education of the Handicapped Act guaranteed access to a free and appropriate public education (FAPE).An assumption was made that access to publicly funded education would ensure equitable outcomes for students with disabilities. Many students leaving special education, however, often do not enjoy the same success as their nondisabled peers.3, High school completion rates are low, the success rate of special education graduates in postsecondary settings is dismal, and far too many youths with disabilities are unemployed. On October 30, 1990, President Bush signed the legislation enacting the Individuals with Disabilities Education Act (PL 101-476; IDEA). This legislation mandates that every student eligible for special education services have transition services incorporated into their individualized This work was supported in part by the Washington State Office of the Superintendent of Public Instruction, Grant Contract Numbers GR33501 and GR38625. The views presented in this article are solely those of the authors.
From the Center for Change in Transition Services, University of Washington, Seattle, Washington
PHYSICAL MEDICINE AND REHABILITATION CLINICS OF NORTH AMERICA VOLUME 8. NUMBER 2. MAY 1997
359
360
BROWN & NOURSE
education program (IEP) no later than age 16 and, when appropriate, beginning at age 14 or younger. IDEA defines transition services as follows: A coordinated set of activities for a student, designed within an outcome
oriented process, which promotes movement from school to post school activities including post secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student needs, taking into account the student's preferences and interests, and shall include instruction, vocational education/training, community experiences, the development of employment and other school aduit living objectives and, if appropriate, acquisition of daily living skills and functional vocational e~aluation.~ Other legislation also important to the transition process includes the Americans with Disabilities Act (ADA)of 1990 and the Rehabilitation Act (Amendments of 1992), which empower individuals with disabilities to prepare for and obtain employment, economic self-sufficiency, independence, and integration into society. Under the Rehabilitation Act, vocational rehabilitation services are provided to interested and eligible individuals who (1) have the presence of a physical or mental impairment that constitutes or results in a substantial impediment to employment; and (2) require vocational rehabilitation services to prepare for, enter, engage in, or retain gainful employment. Table 1outlines some of the essential transition-related components of Section 504 of the Rehabilitation Act, the ADA, and IDEA. TRANSITION PLANNING FOR STUDENTS WITH DISABILITIES
Transition planning is a partnership involving students with disabilities, their families, school personnel, local community and adult service representatives, employers, and other interested professionals. For some students, input from medical professionals may also be required and lead to the development of an even more comprehensive and effective transition plan. The overall goal of transitioning is to nurture and assist students in identifying opportunities and experiences during their school years that will help prepare them for adulthood. Transition planning is an integral component of students' IEPs, focusing on both the present and future needs of the students. Planning for the future should help the IEP team design functional instructional programs that reflect the students' interests and needs for life as adults in the areas of employment, community living and community involvement, postsecondary education, leisure activities, and the development of friendships. Effective transition services should enable the student to help manage his or her future life with the highest degree of independence possible.
MOVING FROM SCHOOL TO ADULT LIFE
361
THE IEP AND TRANSITION
An IEP is developed for each student who is eligible to receive special education services. Although there is no standard format for writing an IEP, there are common components. These include student demographic information, participant signatures, and type of special education and related services to be provided, based on the individual needs of the student; adaptation and modifications required; justification for type of placement and placement decision (e.g., general education classroom, special education classroom, hospital instruction); present levels of educational performance; annual goals, short-term objectives, and schedules for their accomplishments; and, for students age 16 or younger when appropriate, the secondary transition component. This transition component should include a statement of needed transition services including goals and objectives based on a functional vocational evaluation, anticipated postschool outcomes, and a statement of the interagency responsibilities or linkages (or both) before the student leaves the school setting. Transition planning is a team process. IDEA specifically states that, "if a purpose of the IEP meeting is the consideration of transition services for a student, the district shall also invite: the student and a representative of any other agency that is likely to be responsible for providing or paying for transition services (300.344 [c] [1-2]).6 One of the most important functions of the transition team is to gather information about the students' interests and aptitudes in order to assist the family and student to visualize the future. This process usually requires more that the administration of a particular test or battery of tests; it requires a functional assessment. FUNCTIONAL ASSESSMENT
Functional assessment is an outcome-oriented and practical appraisal process. Educators, medical professionals, and others can evaluate information from a variety of sources to identify appropriate educational goals and those interventions necessary to support those goals.7 Many assessments in school systems are diagnostic. They are performed to determine eligibility for special education services. The purpose of functional assessment is not diagnostic and does not focus on the disabling condition. Rather, the purpose is to identify maximum potential outcomes across environments and with related services, including assistive technology, and occupational, physical, and speech therapies. This requires that evaluators focus on those skills necessary to achieve postschool outcomes across a variety of environments including employment, recreation, social, community access, and education. The functional assessment process must be dynamic and fluid, and should be continually revised as the student develops, community resources change, and employment opportunities become available. Text continued on page 366
W
QI
N
Table 1. TRANSITION-RELATED COMPONENTS OF SECTION 504, THE ADA, AND THE IDEA Issue
Section 504'
Coverage
"No othetwise qualified handicapped individual in the United States, . . . shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. . . . "l Covers all public and private entities receiving any federal funds including public and private schools.
Protected classes
"Handicapped person means any person who: i) has a physical or mental impairment that substantially limits one or more of the major life activities, ii) has a record of such an impairment, or iii) is being regarded as having such an irn~airment."~
ADA (Title "Subject to the provision of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity or be subjected to discrimination by any such entity."2 Covers all public entities, including public schools (private schools covered by Title Ill) whether federally funded or not. Prohibits discrimination in all activities including nonacademic services (e.g., health, day care, extrac~rricular).~ "Individual with a disability means any person who: i) has a physical or mental impairment that substantially limits one or more of the major life activities, ii) has a record of such an impairment, or iii) is being regarded as having such an impairment."' Excludes specific behavior, including current illegal users of drugs by specifically
IDEA5 "To assure that all children with disabilities have available to them free appropriate public education which emphasizes special education and related services designed to meet their unique needs. . . ."4 "Each state shall ensure that FAPE is available to all children with disabilities. . . aged 3 through 21 within the state . . . " Covers all states that choose to participate, including public and private school^.^
Due process applied to all school children who seek inclusion in or exclusion from special education. FAPE applies only to children with impairments specified in statute "who need special education and related se~ices."~ Covers children who qualify between ages 3 and 21. Thirteen categories of disability included.
Operative terms and requirements
Definition broader than IDEA (e.g., students who are not eligible under IDEA may be under $504). Excludes those "currently engaged in illegal use of drugs." Can take disciplinary action as other students if using drugs (not mere possession). "Handi~ap."~ "Otherwise qualified."1° FAPE ". . . the provision of regular or special education and related services . . . "I1 IEP not required. Education with nonhandicapped students to maximum extent appropriate. Program accessibility "when viewed in entirety is readily accessible." Necessary related aids and services required even if special education not required.
excluding such behavior, from the definition of disability. Temporary disabilities covered.
"Qualified individual with disability." No specific requirement to provide FAPE in federal statute or rules. The generic nondiscrimination mandate, however, the basis upon which Office of Civil Rights (OCR) adopted S504 rules, is virtually identical. Until case law indicates otherwise, it is safest to assume that access, mainstreaming, and accessibility issues will be treated similarly under 9504 and ADA.
FAPE: Appropriate means access plus more than de minimis educational benefits. Least Restrictive Environment (LRE): Each student with disability participates with others to maximum extent appropriate. Special educationl2 Related sewices13: Those sewices with student needs to benefit from special education. Services other than medical except for education or diagnostic purposes. IEP Table continued on following page
W Ira
Table 1. TRANSITION-RELATED COMPONENTS OF SECTION 504, THE ADA, AND THE IDEA (Continued) Issue
Section 504'
Reasonable accommodation standard
Reasonable accommodation is required by case law. Appears same as ADA standard. Auxiliary aids.14
Administrative enforcement
OCR enforces. Also OCR rules require compliance with standard of IDEA.19 Procedural safeguards: identification, evaluation, and pla~ement.~~ Parent notice,21examine records, impartial hearing, represent counsel, review procedure. Private right of action. Adopts remedies, procedures, rights set forth in Title VI of the Civil Rights Act of 1964.22 Need not exhaust administrative remedies prior to judicial action. Attorneys' fees a~ailable.~~
Judicial process and remedies
ADA (Title ll)B
Reasonable modifications required in policies, practices, or procedures to avoid discrimination.15 Exception if can demonstrate modifications would "fundamentally alter nature of service, program or activity."16 Does not require provision of personal services.17 Primary consideration to request person as to necessary aid. Must be provided unless show undue burden or alternative effective option.18 OCR enforces. No specific rules applicable to students in education programs.
Private right of action. Adopts remedies, rights of 9505 of Rehabilitation Act,24which incorporates those of Title VI of Civil Rights Act of 1964. Must exhaust administrative remedies prior to judicial action.
IDEA5
Cost (reasonableness) a factor in most special education, related services, and LRE definition. Cost never a factor to deny FAPE. Only reasonable modifications in education program regarding LRE decisions.
OSERS enforces. See 9504 and OCR enforcement of IDEA.
Private right of action. Must exhaust administrative remedies prior to judicial action. Remedies include compensatory education and reimbursement for out-of-pocket expenses. Other damage awards not determined.
Intentional discrimination includes damages awards. Compliance duties
'29 USC 5794.34 CFR 5104.4 ZTitle 11, Subtitle A 5202 334 CFR 5104.37; 28 CFR $35.1 30 420 USC §1400(c) =34CFR 5300.300 =34CFR 5104.3 '34 CFR 5104.3 9 4 CFR 5300.5 g34 CFR 5104.3(j) 1°34 CFR 5104.3(k)(2) "34 CFR 5104.3(b)l 1234CFR 5300.4
Self-evaluation required.26Must designate employee to coordinate complian~e.~~ Adopt grievance p r o c e d ~ r e Give .~~ notice of obligations under §504.29Report available for inspe~tion.~~ Certain compliance duties require 15+ employees. Remedial action required if recipient has di~criminated.~' "A recipient. . . shall provide a FAPE to each qualified handicapped person who is in the recipient'sjurisdication regardless of the nature of severity of the . . . handi~ap."~' Federal and state public disclosure also apply.33
Attorneys' fees available. Attorneys' fees available.25 Intentional denial of rights may Intentional discrimination include damage awards. includes damage awards. Assurance of compliance with Self-evaluation required.34 IDEA required as condition to Must designate employee to receive federal funds. coordinate compliance. Adopt grievance procedure. ~ i v notice e of obligations under 6504. i3Cport available for i n s ~ e c t i o n . ~ ~ Federal and state public disclosure laws also apply.36
1334CFR 5300.13(a) "34 CFR 5104.44 1528CFR 535.130 1628CFR 535.130 "28 CFR 535.135 1828CFR 635.160 lgln34 C F 5104.33(b)(2), ~ 35(d), 36 is compliance with 5504 2034CFR 5104.36 2134CFR 5104.36 2229USC 9794(a) 2329USC 5794(b) 2429USC 5794(a)
2528CFR 535.175 2634CFR 5104.6(~) 2734CFR 5104.7(a) 2834CFR 5104.7(b) 2B34CFR 5104.8 3034CFR 5104.6(~) 3i34 CFR 5104.6(a) 3234CFR 5104.33 %ertain compliance duties require 15 employees. 3428CFR 535.105 3528CFR 535.1 05 36Certaincompliance duties require 50+ employees.
+
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The validity of functional assessment is limited by the degree to which the information is representative of the environments in which the student functions now and in the future. When functional assessments are limited to information typically available in the school system (e.g., psychological and other evaluations), resulting recommendations are limited. The result may be an under- or overestimation of students' potential to function independently outside the school environment. A functional assessment process should include three sources of data. First, data are collected through reviews of records and interviews with the student, parents, previous teachers, and others who have observed the student in various environments. Second, areas requiring additional data are noted and information may be gathered by direct observation. These observations may be made by teachers, parents, occupational therapists, or others, but it is important that data collection be simple, consistent, and practical. Third, additional information may be collected through observing the impact of educational and other intervention^.^ Collectively, these data constitute the foundation of a dynamic functional assessment. This functional assessment strategy identifies the students' assets as well as any barriers they may encounter as they move toward employment and community integration. A functional approach also allows the team to identify where assistive technology may serve to bridge barriers and encourages the development of interagency funding approaches. FUNCTIONAL VOCATIONAL ASSESSMENT
Functional vocational assessment represents a subset of the functional assessment process. The functional vocational assessment process includes information about the student's occupational interest, aptitudes, and demonstrated abilities in conjunction with employment opportunities within the community. A sampling of the kind of information that can be gathered includes The student's stated interests Functional life skills, such as time and money management Academic skills Aptitudes in skills, such as mechanical, spatial, numerical, and clerical Learning ability or style, and reasoning and problem-solving skills Communication skills Self-awareness and self-advocacy skills Physical abilities and limitations Health care and medical needs Work experience information, including the ability to work with others, information about the student's work habits, and transferable skills Preferred leisure and community recreation activities Developing a functional vocational evaluation is an ongoing process
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of gathering information and synthesizing it in a meaningful way. As the student progresses toward graduation, the vocational evaluation should target increasing the student's access to employment and the community through job modification and the use of assistive technology. A SAMPLE IEP
The following is a sample secondary transitional IEP for Mandy, a 16-year-old girl born with cerebral palsy. Mandy lives in a suburban community in the Pacific Northwest. IEP
Student's Name: Mandy R. Date: 9/15/96 School: Central High Age/DOB: 4-30-80 Student in need of special education: yes Grade level: 10 Soc. Sec. #: 111-222-3333 Parent Notification: X Initial IEP: Review IEP: X Student Invitation: X Other Agency Invitation: X Section One: Present Levels of Educational Performance
What are Mandy's needs, interests, preferences, aptitudes, and current skills? In this section Mandy's deficit areas and the effect of these limitations on her educational performance should be described in objective and measurable terms. Medical professionals can contribute significantly to this section. For example, a description of the side effects or impact of medication should be taken into consideration when addressing Mandy's present level of performance. In this sample, neuropsychological information is also included. Mandy is 16 years old. She was born with cerebral palsy and has limitations in mobility, feeding, and other independent living activities, communication, and learning. She has indicated to her teachers and her family an interest in music and art. Her parents report that she enjoys working on the computer, particularly using the "paint" program, and has become adept at creating designs for home-made cards and stationery. Mandy has a full-scale Wechsler Intelligence Scale for Children score of 90 and reads at the fifth grade level with some difficulty sounding out words phonetically. Her comprehension is at the 5.2 grade level. Mandv can read and comvrehend articles vublished in the local daily news
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Section Two: Anticipated Postschool Outcome
What does Mandy want to do within a few years after high school in terms of employment, postsecondary or continuing education, and independent living? Mandy wants a job that makes a good living in a field related to art or music. Although she would consider continuing her education at the local community college, she would prefer to go "right to work." She and her best friend Sarah would like to live in an apartment together. Section Three: Statement of Needed Transition Services
What types of transition services need to be written into the IEP for next year in order for Mandy to progress toward her postschool outcome? Medical professionals, as part of Mandy's transition team, may suggest accommodations in the community, particularly in the areas of assistive technology that may help Mandy with her physical limitations, and functional assessment information that will assist in helping Mandy to explore vocational options. If services are not needed in one or more of the areas listed next, the IEP team must provide an explanation, including assessment and evaluation information.
Transition service areas Instruction
Present need
Future need
Not needed
X X*
Community experiences Adult living objectives
X
Daily living skills
X
Employment objectives
X
Vocational education and training
X
*Mandy does not require community experience services because both Mandy and her family report that she fully participates in the community. Mandy is active in community activities with her small group of friends and often assists with local theater productions, including handing out programs at the door.
Section Four: Agency Responsibility for Transition Services
What types of support will Mandy need after she exits the school system? The IEP team must provide a statement of each public agency's and each participating agency's responsibilities, linkages, or both, before Mandy leaves the school setting. Regarding agency responsibilities, medical professionals can be invaluable resources for suggesting linkages
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with agencies that can provide postsecondary services for Mandy (e.g., therapy services, assistive technology services, attendant services, mental health services, family planning, and other support services). The school will provide services in the area of instruction, adult living objectives, daily living skills, employment objectives, and vocational education and training. The resource room teacher will contact the vocational rehabilitation counselor assigned to the high school to assist in setting up job trials for Mandy. With assistance from the resource room teacher, Mandy and her parents will contact the local office for the Job Training Partnership Act to inquire about possible summer employment for Mandy. Section Five: Annual Goals and Short-Term Objectives What should Mandy be doing in school now in order to achieve her anticipated postschool outcome? In secondary transitional IEPs, the annual goals and objectives should logically connect the functional vocational evaluation with the student's anticipated postschool outcome. The annual goals are directly related to the present levels of educational performance. Short-term objectives are the intermediate steps between the present levels of educational performance and the annual goal. They are written in measurable terms and must include objective criteria for evaluation. As a sample annual goal, Mandy will explore potential job opportunities using the most appropriate art-related software.
Instructional objectives 1. Mandy will work with her special education teacher, graphic arts teacher, occupational and physical therapist, the state assistive technology center specialist, and the vocational rehabilitation counselor to identify several types of appropriate art-related software. 2. Mandy will create camera-ready artwork for her career porfolio using her graphic design software.
Initiation and duration 9196-12196
12/96-6197
Evaluation strategies Identification of several modifications and adaptations to maximize Mandy's use of the software
Appropriate industry standards will be used to evaluate progress.
CONTRIBUTION OF MEDICAL PROFESSIONALS
Medical professionals can contribute to the transition process of individual students in several ways. They can advocate with the family for a functional assessment across environments, including those outside of the school setting, and object when necessary to the use of unrealistic
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evaluations. They can assist school personnel with the functional assessment process by providing critical medical data in functional terms that focus on the students' strengths rather than their limitations. Medical professionals can also actively participate in the IEP transition process as part of the related-services team. This team, which may include the occupational therapist, the physical therapist, the speech therapist, school nurse, and an assistive technology consultant, should be an equal partner with the student, the parents, and educational professionals in advocating for and designing appropriate transition services. SUMMARY Recent amendments to IDEA have made it clear that Congress holds schools responsible for preparing students to function in postsecondary environments. Currently, schools have discretion in how they approach this transition from school to adult life and the courts have generally not intervened in the process of educational decision-making when educators have adhered to the intent of the law and based decisions on valid professional assessments supported by appropriate documentation. Medical professionals, as part of the student's transition team, can contribute valuable information to these professional, functional assessments that will assist the student in making a successful transition from school to adult life. References 1. Americans with Disabilities Act of 1990 2. Amdorfer RE, Miltenberger RC: Functional assessment and treatment of challenging behaviors: A review with implications for early childhood. Topics in Early Childhood Special Education 13:1, 1993 3. Edgar E: Secondary programs in special education: Are many of them justifiable? Exceptional Children 53:6, 1987 4. Haley SM, Hallenborg SC, Cans BM: Functional assessment in young children with neurological impairments. Topics in Early Childhood Special Education 9:1, 1989 5. Hasazi S, Gordon LR, Roe CA: Factors associated with the employment status of handicapped youth exiting from high school from 1979-1983. Exceptional Children 51:6, 1985 6. Individuals with Disabilities Education Act of 1990. Pub L No. 101-476 7. McCue M, Pramuka M, Chase S, et al: Functional assessment procedures for individuals with severe cognitive disabilities. American Rehabilitation 20, 1994 8. Rehabilitation Act of 1973, Section 504
Address reprint requests to Pat Brown, EdD University of Washington Experimental Education Unit Center for Change in Transition Services Box 357925 Seattle, WA 98195