Transition Age Rights in Nevada

What are the transition age rights for IEP students in Nevada?

Nevada has a specific transition age framework that begins earlier than the federal minimum. Under NAC 388.284(1), transition service needs must be addressed in the IEP beginning at age 14 — two years earlier than the federal minimum of age 16. Beginning not later than the first IEP in effect when the student turns 16, the IEP must include measurable postsecondary goals based on age-appropriate transition assessments and the transition services needed to achieve those goals (34 CFR 300.320(b)). Nevada requires that the IEP include a notice to the student of the rights that will transfer to them at age 18, beginning not later than the student's 17th birthday and updated annually (NAC 388.284(m)). At age 18, all educational decision-making rights transfer to the student unless a legal guardian has been appointed. Students remain eligible for FAPE through the end of the school year in which they turn 21, unless they graduate with a regular high school diploma earlier (NRS 388.433). Early intervention students (Part C, birth to age 3) must have transition planning to Part B services initiated at least 90 days before the child's third birthday (34 CFR 300.124).

What Nevada Requires

At age 14, transition service needs planning begins — Nevada's earlier-than-federal start date — and is updated annually (NAC 388.284(1)).

At age 16 (or earlier if the IEP team determines appropriate), the IEP must include measurable postsecondary goals and transition services (34 CFR 300.320(b)).

On or before the student's 17th birthday, the IEP must include a statement that the student has been informed of the rights that will devolve upon them at age 18; this must be updated annually (NAC 388.284(m)).

At age 18, all educational rights and decision-making authority transfer to the student unless a legal guardian has been appointed (NAC 388.284(m)).

Students remain eligible for FAPE through the end of the school year in which they turn 21, unless they graduate with a regular diploma (NRS 388.433).

A Summary of Performance (SOP) must be provided when FAPE eligibility terminates due to graduation or age-out (34 CFR 300.305(e)(3)).

Key Timelines

Age 14: transition service needs planning begins in the IEP (NAC 388.284(1)).

Age 16 (or earlier): measurable postsecondary goals and transition services must be included in the IEP (34 CFR 300.320(b)).

By age 17: IEP must include notice of rights transfer at age 18, updated annually (NAC 388.284(m)).

Age 18: educational rights transfer to student (NAC 388.284(m)).

Age 21 (end of school year): FAPE eligibility ends unless student graduated with regular diploma earlier (NRS 388.433).

90 days before age 3: transition conference from Part C (early intervention) to Part B (preschool special education) (34 CFR 300.124).

Sources

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