Transition Age Rights in New York
What are the transition age rights for IEP students in New York?
New York requires transition planning to begin earlier than the federal minimum. Under 8 NYCRR Section 200.4(d)(2)(ix) and Education Law Section 4402, transition services must be included in the IEP beginning not later than the first IEP to be in effect when the student turns 15 years of age (and at a younger age if determined appropriate by the CSE), and updated annually thereafter. This is one year earlier than the federal IDEA minimum of age 16 (34 CFR Section 300.320(b)). The IEP must include appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills (8 NYCRR Section 200.4(d)(2)(ix)(a)). The IEP must also include a statement of needed transition services for the student, including a coordinated set of activities focused on improving academic and functional achievement to facilitate movement from school to post-school activities (8 NYCRR Section 200.4(d)(2)(ix)(b)). Beginning at age 15, the student must be invited to attend CSE meetings where transition is discussed (8 NYCRR Section 200.4(d)(4)). If the student does not attend, the CSE must take other steps to ensure the student's preferences and interests are considered. When a student is one year from the age of majority (age 17 in NY, since rights transfer at age 18), the IEP must include a statement that the student has been informed of the rights that will transfer at age 18 (8 NYCRR Section 200.5(b)(8)). At age 18, all rights under IDEA and state law transfer from the parent to the student, except where a student has been determined to be legally incompetent by a court (8 NYCRR Section 200.5(b)(9); Education Law Section 4402(1)(b)(5)). Students with disabilities in NY are entitled to continue receiving FAPE until the end of the school year in which they turn 21, or until they earn a regular high school diploma, whichever occurs first (Education Law Section 4402(5)). Exit credentials for students with disabilities include: the Regents diploma (standard diploma with Regents exam requirements), Regents diploma with advanced designation, local diploma (available to students with disabilities with lower exam score thresholds or appeal processes), the Career Development and Occupational Studies (CDOS) Commencement Credential (recognizing mastery of career-readiness standards, available as an endorsement to a diploma or as a standalone exiting credential), and the Skills and Achievement Commencement Credential (SACC) (available only to students with severe disabilities assessed through the NY State Alternate Assessment). Students who receive only the CDOS or SACC as standalone credentials are eligible to return to school to earn a diploma until the end of the school year in which they turn 21. The district must provide a Student Exit Summary (equivalent to the federal Summary of Performance) for every student with a disability who graduates with a diploma or ages out, documenting academic achievement, functional performance, and recommendations for postsecondary goals.
What New York Requires
Transition planning must begin no later than the first IEP in effect when the student turns 15 (one year earlier than federal minimum) (8 NYCRR Section 200.4(d)(2)(ix))
IEP must include measurable postsecondary goals for training, education, employment, and independent living (8 NYCRR Section 200.4(d)(2)(ix)(a))
Student must be invited to CSE meetings where transition is discussed beginning at age 15 (8 NYCRR Section 200.4(d)(4))
At age 17, the IEP must include a statement that the student has been informed of rights transferring at age 18 (8 NYCRR Section 200.5(b)(8))
All IDEA rights transfer from parent to student at age 18 unless student is judicially determined incompetent (8 NYCRR Section 200.5(b)(9))
Students are entitled to FAPE until end of school year in which they turn 21 or earn a regular diploma (Education Law Section 4402(5))
Exit credentials: Regents diploma, local diploma, CDOS Commencement Credential, SACC (8 NYCRR Part 100)
Students receiving only CDOS or SACC may return to pursue a diploma until the school year they turn 21
Student Exit Summary (Summary of Performance) required upon graduation or aging out
Key Timelines
Transition planning begins no later than the first IEP in effect when the student turns 15 (8 NYCRR Section 200.4(d)(2)(ix))
Transition goals and services updated annually once initiated (8 NYCRR Section 200.4(d)(2)(ix))
Student informed of transfer of rights at age 17 (one year before majority) (8 NYCRR Section 200.5(b)(8))
Rights transfer from parent to student at age 18 (8 NYCRR Section 200.5(b)(9))
FAPE entitlement continues through end of school year in which student turns 21 (Education Law Section 4402(5))