New guidance to assist students who have disabilities and are transitioning out of high school is now available from U.S. Department of Education Office of Special Education Programs (OSEP).

According to OSEP, the new document—Coordinating Transition Services and Postsecondary Access Guidance on Requirements Under the IDEA and Rehabilitation Act—builds on the guidance document A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities and prior policy letters issued in August 2020.

The guidance includes examples of transition services and a Q&A format that addresses the following questions:

Section A: IDEA Requirements

Question A-1: What is the IDEA?

Question A-2: What are transition services under IDEA?

Question A-3: When does IDEA require that transition services be in effect for a student with a disability?

Question A-4: What role should students with disabilities play in the development of IEPs?

Question A-5: Where can special education and related services be provided to students with disabilities under IDEA?

Question A-6: When does an LEA’s obligation to provide FAPE to students with disabilities end?

Question A-7: What is a regular high school diploma?

Question A-8: Are general equivalency diplomas, diplomas aligned to alternate academic achievement standards, certificates of completion, certificates of attendance, or other recognized equivalent of a diploma the same as a regular high school diploma for purposes of FAPE eligibility under IDEA?

Question A-9: Are there any additional requirements under IDEA that an LEA must meet when a student with a disability graduates from high school with a regular high school diploma or when they reach the maximum age of eligibility for FAPE under State law?

Question A-10: What additional information might be included in a summary of performance?

Question A-11: Is an LEA financially responsible for all costs associated with
implementing a student’s IEP?

Section B: Connecting IDEA Transition Services with VR Services

Question B-1: When should other public agencies be included in transition planning, including attending meetings?

Question B-2: What are some examples of transition services that can be provided to students with disabilities that can help them reach their postsecondary goals?

Question B-3: Can transition services be considered special education and related services?

Question B-4: Can transition services be provided outside of a student’s high school?

Question B-5: Can some transition services be both special education and related services and a VR service?

Question B-6: How is fiscal responsibility determined for a service that is both special education or related service under IDEA and a service under the VR program?

Question B-7: Can both IDEA and VR program funds be used at the same time to support the same student with a disability in their postsecondary education?

Section C: Enrolling in Courses at IHEs

Question C-1: What is an example of when a course offered as part of a dual enrollment program in a community college or a four-year IHE, might be considered by an IEP Team as necessary to provide FAPE to a student with a disability?

Question C-2: If a student with a disability receives transition services through a program located on a college campus pursuant to their IEP, is the LEA obligated to provide and pay for transportation, tuition, and/or a paraprofessional to attend those classes with the student?

Section D: Transition Services and Pre-ETS under the VR Program

Question D-1: What are pre-ETS?

Question D-2: How are students with disabilities made aware of services under the VR program?

Question D-3: What are examples of each of the five “required pre-ETS activities,” and how can they be provided to students with disabilities in a group or individualized setting?

Question D-4: Can VR agencies fund postsecondary education (i.e., tuition, fees, books, and supplies) under the pre-ETS “required activity,” “counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at IHEs?”

Question D-5: Can VR agencies pay for other allowable VR services using funds reserved for the provision of pre-ETS?

Question D-6: Can VR agencies provide auxiliary aids and services to students who have not applied for VR services with funds reserved for the provision of pre-ETS?

Question D-7: What transition services are available under the Rehabilitation Act through the VR program?

Question D-8: Is an IPE needed to provide transition services to students and youth with disabilities under the VR program?

Section E: Postsecondary Education and Dual Enrollment under the VR Program

Question E-1: Is the VR program’s support of postsecondary education limited to associate or bachelor degrees?

Question E-2: Does a student with a disability have to be determined eligible for the VR program and have an IPE to receive support for postsecondary education through the VR program?

Question E-3: Can a student still enrolled in high school receive VR services, including transition services and postsecondary education?

Question E-4: Can State VR program funds be used for postsecondary education costs for those students who are dually enrolled in secondary and
postsecondary educational programs?

Question E-5: Can VR program funds be used to support Comprehensive Transition Programs (CTPs)?

Question E-6: Can the Department establish service delivery or financial responsibilities?