Transition Age Rights in Texas

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

Texas requires transition planning to begin earlier than the federal minimum, starting no later than the first IEP to be in effect when the student turns 14 years of age (19 TAC §89.1055(k)), compared to the federal requirement of age 16 (34 CFR 300.320(b)). This earlier start gives Texas students with disabilities an additional two years of transition planning. At age 14, the ARD committee must consider and, if appropriate, address: appropriate student involvement in the student's transition to life outside the public school system; appropriate involvement by the student's parents and other invited participants; appropriate postsecondary education options, including preparation for postsecondary-level coursework; an appropriate functional vocational evaluation; and appropriate circumstances for facilitating a referral to governmental agencies for services or public benefits (19 TAC §89.1055(k); TEC §29.0111). Beginning no later than the first IEP in effect at age 14, 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, as well as the transition services (including courses of study) needed to assist the student in reaching those goals (19 TAC §89.1055(l); 34 CFR 300.320(b)). Transition services are defined as a coordinated set of activities designed to facilitate the student's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, and community participation (34 CFR 300.43(a)). Regarding transfer of rights: not later than one year before the student's 18th birthday, the LEA must inform the student and parent that all rights accorded to parents under IDEA will transfer to the student upon reaching age 18 (the age of majority in Texas), unless a guardian has been appointed or supported decision-making agreements are in place (19 TAC §89.1049; TEC §29.011(a)(3)). Graduation options for students with disabilities are governed by 19 TAC §89.1070. Students may graduate with a regular high school diploma by meeting standard graduation requirements or through modified curriculum aligned to grade-level standards with IEP-established expectations. Students must attempt required STAAR End-of-Course assessments at least once. The ARD committee determines whether assessment requirements are met. A student who graduates and receives a diploma may request to resume special education services, provided they still meet age eligibility (up to age 21) (19 TAC §89.1070). Texas requires a Summary of Performance for students exiting special education through graduation or aging out, providing a summary of academic achievement and functional performance with recommendations for post-school goals (34 CFR 300.305(e)(3)). Students with disabilities in Texas remain eligible for services through the school year in which they turn 21 (19 TAC §89.1035).