Transition Age Rights in Oregon
What are the transition age rights for IEP students in Oregon?
Oregon follows the federal IDEA requirement that transition planning must be included in the IEP beginning no later than the first IEP to be in effect when the student turns 16, and updated annually thereafter (34 CFR 300.320(b); ORS 343.035(19)). Oregon does not have a state law requiring transition planning to begin earlier than age 16, unlike states such as Virginia (age 14). However, ODE and the Transition Oregon network encourage early transition planning and the identification of postsecondary goals and transition needs earlier when appropriate. Students must be invited to IEP meetings where transition services are a purpose (34 CFR 300.321(b)(1)); if the student cannot attend, the district must take steps to ensure the student's preferences and interests are represented. FAPE continues through age 21 unless the student graduates with a regular standard diploma; students receiving Oregon's Modified Diploma or Extended Diploma remain eligible through age 21 (ORS 339.115(2)). Educational rights transfer from parents to the student when the student reaches the age of majority, which in Oregon is age 18 (ORS 109.621; ORS 343.181). At the time rights transfer, districts must provide information about supported decision-making alternatives to guardianship. Oregon's Commission for the Blind (OCB) and Vocational Rehabilitation (VR) Youth Services are the primary state agencies that partner with schools on transition for students with visual impairments and other disability-related employment needs, respectively. The Oregon Department of Human Services' Office of Developmental Disabilities Services supports transition for students with intellectual or developmental disabilities. Oregon requires a Summary of Performance documenting academic and functional performance when students exit due to graduation or aging out (34 CFR 300.305(e)).
What Oregon Requires
Transition planning must begin no later than the first IEP in effect when the student turns 16 (federal IDEA standard; Oregon does not require an earlier start age) (34 CFR 300.320(b); ORS 343.035(19)).
FAPE continues through age 21; students with Modified or Extended Diplomas remain eligible through age 21 (ORS 339.115(2)).
Educational rights transfer to the student at age 18 (the age of majority in Oregon); districts must inform both the student and parents in advance (ORS 343.181; ORS 109.621).
Oregon's Commission for the Blind (OCB) and Vocational Rehabilitation (VR) Youth Services are key state partners for transition services; they must be invited (with parental consent) when responsible for providing transition services (34 CFR 300.321(b)(2)).
Oregon requires a Summary of Performance documenting academic achievement and functional performance when a student graduates or ages out of special education eligibility (34 CFR 300.305(e)).
ODE's transition planning chart and the Oregon Standard IEP Toolkit provide guidance for incorporating transition elements into the IEP at age 16 and beyond.
Oregon encourages (but does not require by statute) early transition planning before age 16 when appropriate to the student's needs.
Key Timelines
Transition planning must appear in the IEP no later than the first IEP in effect when the student turns 16 (34 CFR 300.320(b); ORS 343.035(19)).
FAPE continues through age 21 unless the student graduates with a regular/standard diploma (ORS 339.115(2)).
Age of majority (rights transfer) occurs at age 18 in Oregon (ORS 109.621); districts must provide advance notice to student and parents (ORS 343.181).