IEP Transition Services in Montana
When does IEP transition planning start in Montana?
Montana IEPs must include coordinated postsecondary transition planning beginning with the first IEP in effect when the student turns 16, or younger if determined appropriate by the IEP team, as required by ARM 10.16.3340 incorporating 34 CFR 300.320(b). The transition plan must be based on age-appropriate transition assessments relating to training, education, employment, and independent living skills. It must include measurable postsecondary goals for education/training, employment, and (where appropriate) independent living; coordinated transition services designed to help the student reach those goals; and a statement of interagency responsibilities or linkages. Montana's August 2025 court settlement (A.H. v. Heladen, U.S. District Court, D. Montana) resolved the prior practice of terminating special education at age 18, establishing that all Montana LEAs must now make FAPE available to students with disabilities until their 22nd birthday or until they are exited from special education. This settlement means transition plans must now explicitly plan for the full continuum of services through age 21. The IEP must also address the transfer of parental rights to the student at age 18 under ARM 10.16.3502 (incorporating 34 CFR 300.520). Montana's Montana Empowerment Center (MEC) serves as the Parent Training and Information Center and provides transition planning resources. Vocational Rehabilitation (VR) and other adult service agencies should be invited to participate in transition IEP meetings when appropriate.
What Montana Requires
Postsecondary transition planning must begin with the first IEP in effect when the student turns 16, or younger if the IEP team determines appropriate (ARM 10.16.3340; 34 CFR 300.320(b)).
The transition plan must include measurable postsecondary goals for education/training and employment, based on age-appropriate transition assessments (34 CFR 300.320(b)(1)).
Coordinated transition services—including courses of study and interagency linkages—must be documented in the IEP (34 CFR 300.320(b)(2)–(3)).
As of the August 13, 2025 court settlement (A.H. v. Heladen), all Montana LEAs must provide FAPE to students with disabilities until their 22nd birthday or exit from special education—ARM 10.55.804(4) may no longer be used to terminate services before age 22 for students without a regular diploma.
Parental rights under IDEA transfer to the student at age 18 per ARM 10.16.3502 (34 CFR 300.520; 300.320(c)).
Students with disabilities who turn 16 must be invited to their own IEP meetings, and the IEP must document that the student was invited (34 CFR 300.321(b)).
Key Timelines
Transition plan must be in the IEP beginning at age 16 (or earlier if the IEP team decides) (ARM 10.16.3340; 34 CFR 300.320(b)).
Montana LEAs must provide FAPE through age 21 (until the 22nd birthday) as of the August 13, 2025 settlement—students who aged out prior to age 22 during 2024–25 may re-enroll within 30 days of notification.
Parental rights transfer to the student at age 18 (ARM 10.16.3502; 34 CFR 300.520).