Transition Age Rights in California
What are the transition age rights for IEP students in California?
California's transition age requirements have been significantly updated by AB 438 (2024), which amended EC 56345(a)(8) effective July 1, 2025. Previously, California followed the federal default of beginning transition planning at age 16. Under AB 438, IEP teams may now begin transition planning when the student enters their 'high school experience' (typically ninth grade), if determined appropriate, or no later than age 16—giving teams discretion to start earlier than the previous age-16 default. The IEP must include an Individual Transition Plan (ITP) with measurable postsecondary goals in education/training, employment, and where appropriate, independent living, based on age-appropriate transition assessments (EC 56345(a)(8); 34 CFR 300.320(b)). Under EC 56460-56462, districts must facilitate transition services including interagency coordination with the Department of Rehabilitation (DOR), Regional Centers, Department of Developmental Services, and other adult service providers. California provides FAPE through age 22—one year longer than the federal minimum—meaning students are eligible for special education services until the end of the school year in which they turn 22, or until they receive a regular high school diploma, whichever comes first (EC 56026(b)). At least one year before the student turns 18, the IEP must include a statement that the student has been informed of the IDEA rights that transfer at age of majority (34 CFR 300.320(c)). In California, at age 18, all IDEA rights transfer to the student unless a conservator has been appointed or the student has executed a power of attorney for educational decisions. California does not have a 'supported decision-making' transfer option in its special education statute, though general probate law provides for alternatives to full conservatorship.
What California Requires
Transition planning (ITP), if determined appropriate by the IEP team, begins when the student starts their high school experience, or no later than age 16 (EC 56345(a)(8), AB 438 effective July 1, 2025).
The ITP must include measurable postsecondary goals in education/training, employment, and where appropriate, independent living, based on age-appropriate transition assessments (EC 56345(a)(8); 34 CFR 300.320(b)).
At least one year before the student turns 18, the IEP must include a statement that the student has been informed of rights that transfer at age of majority (34 CFR 300.320(c)).
At age 18, all IDEA rights transfer to the student unless a conservator has been appointed or the student has executed a power of attorney for education decisions.
California provides FAPE through age 22—until the end of the school year in which the student turns 22, or until receiving a regular high school diploma, whichever comes first. This is one year longer than the federal minimum (EC 56026(b)).
Interagency coordination is required: DOR, Regional Centers, and other adult service providers must be invited (with consent) to IEP meetings when transition is discussed (EC 56460-56462; 34 CFR 300.321(b)(3)).
The student must be invited to IEP meetings where transition is discussed; if the student does not attend, the IEP team must ensure student preferences and interests are considered (34 CFR 300.321(b)(1)).
Key Timelines
Transition planning, if determined appropriate by the IEP team, begins when the student starts their high school experience, or no later than age 16 (EC 56345(a)(8), AB 438 effective July 1, 2025).
Age of majority notification: at least 1 year before the student turns 18 (34 CFR 300.320(c)).
Rights transfer to student at age 18 (unless conservatorship or power of attorney is in place).
Special education eligibility continues through age 22 (until the end of the school year in which the student turns 22) or until receipt of a regular diploma, whichever comes first (EC 56026(b)).
Transition services and ITP must be reviewed annually (EC 56343(d)).
Agency representatives must be invited to transition IEP meetings with parental (or student, if 18+) consent (34 CFR 300.321(b)(3)).