Policy – Category 6000 (Instruction) BP 6001 – Transition Services
(3) Whenever a State provides for the transfer of rights under this part pursuant to paragraph (a)(1) or (a)(2) of this section, the agency must notify the child and the parents of the transfer of rights. (b) Special rule. A State must establish procedures for appointing the parent of a child with a disability, or, if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of the child’s eligibility under Part B of the Act if, under State law, a child who has reached the age of majority, but has not been determined to be incompetent, can be determined not to have the ability to provide informed consent with respect to the child’s educational program.
When a child with a disability reaches the age of majority, age 18, the legal rights for special education services move from the parent to the child. The parent and child with a disability are notified one year before the child’s 18th birthday of this transfer of rights. If the parent or care provider determine that the child is unable to, or incapable of, making decisions about education or independent living, there are two options. A legal guardianship can be established as the broadest and most restrictive form of management. The guardian makes decisions on behalf of the child for medical care, financial management, education, and all other life situations. An alternate option is conservatorship. This less restrictive method allows a conservator to handle financial decisions only ( Transition to Adult Living, A Guide for Secondary Education, California Department of Education, 2001 ). Charter SELPA form D/M 68K – IEP Signature Page provides the mechanism for documenting that a child with a disability has been advised of the rights and his/her attendance responsibilities that he/she will gain when he/she reaches the age of 18. 7.0 Course of Study According to IDEA 2004, the term transition services means a coordinated set of activities that is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of a child with a disability and facilitating the child’s movement from school to post-school activities, including postsecondary education, vocational education, employment, continuing and adult education services, independent living, and community participation. These activities are determined and coordinated as part of a child’s IEP. These transition services are based on the child’s needs, taking into account the child’s strengths, preferences, and interests. They include instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and when appropriate, the acquisition of daily living skills, and functional vocational evaluation.
BP 6001 – Transition Services
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 10/19)
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