Transition Age Rights in Pennsylvania
What are the transition age rights for IEP students in Pennsylvania?
Pennsylvania requires transition planning to begin at age 14, two years earlier than the federal IDEA minimum of age 16. Under 22 Pa. Code §14.131(a)(5), the IEP for a student who is 14 years of age or older must include a transition plan with appropriate measurable postsecondary goals related to training, education, employment, and when appropriate, independent living skills. The transition plan must begin no later than the first IEP in effect when the student turns 14, or younger if the IEP team determines it is appropriate. The IEP must include measurable postsecondary goals in three areas: (1) post-secondary education or training, (2) employment, and (3) independent living when appropriate (34 CFR §300.320(b)). These goals must be based on age-appropriate transition assessments. The IEP must also include the transition services — including courses of study — needed to assist the student in reaching postsecondary goals (22 Pa. Code §14.131(a)(5)). The student must be invited to IEP meetings when transition is discussed, beginning at age 14; if the student does not attend, the LEA must ensure the student's preferences and interests are considered (34 CFR §300.321(b)). With parent consent, representatives of agencies likely to provide or pay for transition services (e.g., the Office of Vocational Rehabilitation — OVR) must be invited (34 CFR §300.321(b)(3)). OVR provides pre-employment transition services under the Workforce Innovation and Opportunity Act (WIOA); referral is recommended at least two years before anticipated graduation. Pennsylvania's special education age of majority is 21 (not 18); IEP rights do not transfer to the student at age 18 (22 Pa. Code §14.162). FAPE is available through the school year in which the student turns 21, or graduation with a regular diploma, whichever comes first (24 P.S. §13-1371). Voter registration must be addressed beginning at age 17 as part of the transition plan (25 Pa.C.S.A. §1101 et seq.). Upon graduation with a regular diploma or aging out, the school must provide a Summary of Academic Achievement and Functional Performance (SAAFP) (34 CFR §300.305(e)(3)); graduation requires a NOREP.
What Pennsylvania Requires
Transition planning begins no later than the first IEP in effect when the student turns 14 — two years earlier than the federal age-16 requirement (22 Pa. Code §14.131(a)(5))
IEP must include measurable postsecondary goals in education/training, employment, and (when appropriate) independent living (34 CFR §300.320(b))
Postsecondary goals must be based on age-appropriate transition assessments (34 CFR §300.320(b))
Student must be invited to IEP meetings when transition is discussed beginning at age 14 (34 CFR §300.321(b))
OVR and other agency representatives invited with parent consent when they may provide or pay for transition services (34 CFR §300.321(b)(3))
OVR referral recommended at least 2 years prior to anticipated graduation for pre-employment transition services under WIOA
Pennsylvania's special education age of majority is 21, not 18 — IEP rights do not transfer to the student at age 18 (22 Pa. Code §14.162)
FAPE available through the school year in which the student turns 21, or graduation with regular diploma — whichever comes first (24 P.S. §13-1371)
Graduation with a regular diploma terminates FAPE and requires a NOREP (22 Pa. Code §14.131)
Voter registration addressed beginning at age 17 (25 Pa.C.S.A. §1101 et seq.)
SAAFP required upon graduation with regular diploma or aging out (34 CFR §300.305(e)(3))
Key Timelines
Age 14: transition planning must begin in the first IEP in effect when student turns 14 (22 Pa. Code §14.131(a)(5))
Age 17: voter registration must be addressed in transition planning (25 Pa.C.S.A. §1101 et seq.)
Age 21: FAPE entitlement ends at end of school year when student turns 21, or at graduation with regular diploma — whichever comes first (24 P.S. §13-1371)
Transition goals and services updated annually as part of the IEP review (34 CFR §300.324(b))
OVR referral recommended at least 2 years before anticipated graduation
SAAFP provided upon graduation with regular diploma or aging out at 21 (34 CFR §300.305(e)(3))