Wednesday, November 4, 2009

If an IEP Chooses to Address Transition Before Age 16 (South Carolina begins at age 13) are the Same Standards Required?

According to Questions and Answers on Individualized Education Programs (IEPs), Evaluations, ad Reevaluations, 47 IDELR 166 (January 1, 2007), the answer is "yes". The regulations provide, at 34 CFR Section 300.320(b), that beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team (or State), and updated annually, thereafter, the IEP must include-- 1) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and 2) The transition services (including courses of study) needed to assist the child in reaching those goals. If the IEP Team for a particular child with a disability determines that it is appropriate to address the requirements of 34 CFR Section 300.320(b) for a child who is younger than age 16, then the IEP for that child must meet the requirements of 34 CFR Section 300.320(b).

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