In OneLaw’s November newsletter, I discuss transition planning in special education law.

Read the full November 2024 newsletter HERE.

A text version is below.

Thanksgiving is one of my favorite times of the year. A few days off with family, friends, good food, and a nap. I hope you get a moment to relax.

OneLaw recently welcomed Alyssa Vachon Daigneault. Attorney Daigneault will focus on education law for the firm. She is a teacher turned lawyer.

In our newsletter this month, I discuss transition planning in special education law.

As always, OneLaw is dedicated to serving the personal legal needs of families and individuals across a variety of practice areas. Let us know how we can help you. Visit our website (https://www.one-law.us) or give us a call at 617-831-4355.

Peter A. Hahn, Esq.

Principal Attorney

Special Education Transition Planning

by Peter A. Hahn, Esq.

The Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq., requires public schools to provide students with disabilities a free appropriate public education (“FAPE”) that includes special education and related services as described in an individualized education program (“IEP”), including transition planning for older students to develop skills to promote success with identified post-secondary goals.

In enacting IDEA, the United States Congress stated in 20 U.S.C. § 1400 that “Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.” One stated purpose of the IDEA is “to ensure that all children with disabilities have available to them a free appropriate public education . . . designed to meet their unique needs and prepare them for further education, employment, and independent living . . . .”

In Massachusetts, “[b]eginning age 14 or sooner if determined appropriate by an individualized education program team, school age children with disabilities shall be entitled to transition services and measurable postsecondary goals”. M.G.L. c. 71B, § 2. “The school district shall ensure that options are available for older students, particularly those eligible students of ages 18 through 21 years. Such options shall include continuing education; developing skills to access community services; developing independent living skills; developing skills for self-management of medical needs; and developing skills necessary for seeking, obtaining, and maintaining jobs.” 603 C.M.R. 28.06(4).

Under IDEA, the IEP must include “the transition services (including courses of study) needed to assist the child in reaching those goals” in the IEP. “The term ‘transition services’ means a coordinated set of activities for a child with a disability that—(A) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (B) is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and (C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.”

As you can see, transition planning is supposed to be comprehensive for special education students so they are prepared for further education, employment, and independent living.

Schools should be doing transition evaluations and incorporating transition planning into the IEP. Private assessments can also be helpful.

Make sure the special education Team is addressing the transition plan early enough so the student can develop the necessary skills while still eligible for special education.

Attorney Peter A. Hahn specializes in representing families in a range of education matters, including special education, as well as related practice areas.

ALYSSA VACHON DAIGNEAULT

Alyssa Vachon Daigneault is now Of Counsel to OneLaw with a focus in education law.

Alyssa originally graduated from the University of New Hampshire – Durham in 1997 with a Bachelor’s degree in chemistry.

She spent the first part of her career in the petrochemical industry. In 2000, she transitioned to high school education and spent 21 years teaching chemistry and engineering in Newton and Winthrop, Massachusetts. In 2012, she earned her Master’s degree in educational leadership at Simmons College and spent five years and the Science Department head at Winthrop High School.

Now Alyssa is in the field of law. In 2024, she graduated from the New England Law school in Boston.

Outside of work, Alyssa spends time with her husband, eight sons, and their dog Nina. Her hobbies include yoga, skiing, hiking, reading, and enjoying nature.

Alyssa is admitted to practice law in Massachusetts.

Happy Thanksgiving from OneLaw!

OneLaw represents clients in education, estate planning, residential real estate, civil rights, Juvenile Court, family law, criminal and victim rights, discrimination, special needs planning, guardianship, civil litigation, child welfare, probate administration, Title IX, HPO/RO, and related matters.