IEP Transition Services in Maryland

When does IEP transition planning start in Maryland?

Maryland has a robust transition planning framework that begins at age 14, two years earlier than the federal minimum of 16. Under COMAR 13A.05.01.09(A)(3) and Md. Code Ann., Ed. § 8-405(b), beginning with the IEP in effect when a student turns 14 (or younger if determined appropriate by the IEP team), the IEP must include coordinated, measurable, results-oriented transition planning. This includes: (1) age-appropriate transition assessments in education, training, employment, and where appropriate, independent living; (2) measurable postsecondary goals based on those assessments in the areas of education/training, employment, and where appropriate, independent living; (3) transition services and activities, including a course of study, needed to reach those postsecondary goals; and (4) identification of interagency responsibilities and linkages. At age 14, transition planning focuses on the student's strengths, interests, and preferences, a course of study aligned to postsecondary goals, and identification of transition services needed. By age 16 (consistent with federal law), the IEP must include formal transition services with specific interagency linkages to Maryland's Division of Rehabilitation Services (DORS — the state vocational rehabilitation agency), the Developmental Disabilities Administration (DDA), the Behavioral Health Administration (BHA), and other relevant agencies. Maryland requires that students be invited to attend their own IEP meetings whenever transition is being discussed; if the student does not attend, the LEA must ensure the student's preferences and interests are considered by other means (COMAR 13A.05.01.07(B); 34 CFR 300.321(b)). Agency representatives from DORS, DDA, or other agencies likely to provide or pay for transition services must be invited to participate, with parent (or adult student) consent (COMAR 13A.05.01.09(A)(3); 34 CFR 300.321(b)(3)). At age 18, educational rights transfer to the student unless a legal guardian, limited guardian, or educational decision-maker has been appointed under Maryland law; the LEA must notify both student and parents of this transfer at least one year before it occurs (Md. Code Ann., Ed. § 8-412.1; 34 CFR 300.320(c)). FAPE eligibility in Maryland extends through age 21 (Md. Code Ann., Ed. § 8-403). Maryland also participates in the PROMISE (Promoting Readiness of Minors in Supplemental Security Income) initiative and operates the Maryland Seamless Transition Collaborative to improve transition outcomes.

What Maryland Requires

Transition planning must begin at age 14 — two years earlier than the federal minimum of 16 (COMAR 13A.05.01.09(A)(3); Md. Code Ann., Ed. § 8-405(b)).

Beginning at age 14, the IEP must include age-appropriate transition assessments, measurable postsecondary goals, a course of study, and transition services and activities (COMAR 13A.05.01.09(A)(3)).

By age 16, the IEP must include formal transition services with interagency responsibilities and linkages to DORS, DDA, BHA, and other relevant agencies (COMAR 13A.05.01.09(A)(3); 34 CFR 300.320(b)).

Students must be invited to their own IEP meetings when transition is discussed; if they cannot attend, their preferences and interests must be obtained by other means (COMAR 13A.05.01.07(B); 34 CFR 300.321(b)).

Agency representatives from DORS, DDA, and other agencies likely to provide or pay for transition services must be invited with parent/student consent (COMAR 13A.05.01.09(A)(3); 34 CFR 300.321(b)(3)).

A statement of the transfer of rights at age 18 must be included in the IEP at least one year before the student reaches age 18 (Md. Code Ann., Ed. § 8-412.1; 34 CFR 300.320(c)).

Postsecondary goals must be measurable and based on age-appropriate transition assessment results in education/training, employment, and where appropriate, independent living (COMAR 13A.05.01.09(A)(3)).

Key Timelines

Transition planning begins at age 14 (COMAR 13A.05.01.09(A)(3); Md. Code Ann., Ed. § 8-405(b)).

Formal postsecondary transition services with interagency linkages must be in the IEP by age 16 (34 CFR 300.320(b)).

Rights transfer notification to student and parents: at least one year before the student turns 18 (Md. Code Ann., Ed. § 8-412.1; 34 CFR 300.320(c)).

Rights transfer to the student at age 18 unless a guardian/educational decision-maker is appointed (Md. Code Ann., Ed. § 8-412.1; 34 CFR 300.520).

FAPE eligibility continues through age 21 (Md. Code Ann., Ed. § 8-403).

Sources

Related IEP Guides

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