Transition Age Rights in Ohio

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

Ohio follows the federal IDEA transition planning standard. Under OAC 3301-51-07(E)(2) and 34 CFR 300.320(b), transition services must be included in the IEP beginning no later than the first IEP to be in effect when the child turns 16. Ohio does not require transition planning to begin at an earlier age — the state standard is age 16, the same as the federal requirement. The IEP must include appropriate measurable postsecondary goals based on age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills (OAC 3301-51-07(E)(2)). The IEP must also include the transition services (including courses of study) needed to assist the child in reaching those postsecondary goals. A transition progress report, including a description of progress toward completion of transition services, must be provided to the parent at least as often as report cards are issued to all children (OAC 3301-51-07). Beginning not later than one year before the child reaches the age of majority (age 18 in Ohio) — meaning by the child's 17th birthday — the IEP must include a statement that the child has been informed of the rights under IDEA Part B that will transfer to the child upon reaching majority (ORC §3323.011(I); OAC 3301-51-07(E)(3); 34 CFR 300.320(c)). Ohio's age of majority is 18. The LEA must notify the student of the rights that will transfer at age 18, beginning no later than the student's 17th birthday. The child must be invited to any IEP team meeting where transition services will be discussed. If the child does not attend, the district must take steps to ensure the child's preferences and interests are considered (OAC 3301-51-07(E); 34 CFR 300.321(b)). When a participating agency other than the educational agency fails to provide agreed transition services, the educational agency must reconvene the IEP team to identify alternative strategies (OAC 3301-51-07(E)). Ohio provides FAPE through age 21 (ORC §3323.01(A)). A Summary of Performance (SOP) must be provided to a child whose eligibility terminates due to graduation with a regular diploma or exceeding age eligibility, summarizing academic achievement, functional performance, and recommendations for meeting postsecondary goals (OAC 3301-51-07; 34 CFR 300.305(e)(3)). Ohio's Pre-Employment Transition Services (Pre-ETS) through Opportunities for Ohioans with Disabilities (OOD) are available to students with disabilities ages 14–21 as a vocational rehabilitation service, independent of the IEP transition mandate.