Transition Age Rights in Vermont
What are the transition age rights for IEP students in Vermont?
Vermont's formal transition planning requirement on the IEP begins at age 16, consistent with the federal IDEA minimum. Vermont strongly encourages transition planning beginning at age 14 as a best practice, and the IEP team should begin addressing transition service needs at that point when appropriate. Under Rule 2363.7(i) and 34 CFR 300.320(b), beginning no later than the first IEP in effect when the student is 16, the IEP must include measurable postsecondary goals based on age-appropriate transition assessments, transition services needed to achieve those goals, and a course of study. Transition assessments, the date they were administered, and a summary of results must be documented in the IEP (Rule 2363.7(i)). Vermont provides FAPE through age 21 — meaning until the student's 22nd birthday (Rule 2360.2; 16 V.S.A. § 2942). If a student turns 22 within 3 months of graduation, the LEA may apply for a waiver to the Secretary of Education to allow the student to complete the school year. Educational rights transfer to the student at age 18 under Rule 2365.1.12, unless the student has been adjudicated incompetent under Vermont law. Vermont connects students and families to the Department of Disabilities, Aging and Independent Living (DAIL) and Division of Vocational Rehabilitation (DVR) as key transition partners. A Summary of Performance must be provided when a student graduates or ages out of FAPE eligibility (34 CFR 300.305(e)(3)).
What Vermont Requires
Vermont's formal transition planning requirement begins at age 16 consistent with IDEA; earlier planning at age 14 is encouraged as best practice (Rule 2363.7(i); 34 CFR 300.320(b)).
By age 16, the IEP must include: (1) measurable postsecondary goals based on age-appropriate transition assessments; (2) transition services needed to achieve those goals; and (3) a course of study (Rule 2363.7(i); 34 CFR 300.320(b)).
Transition assessments, dates administered, and summary results must be documented in the IEP (Rule 2363.7(i)).
The student must be invited to every IEP meeting at which transition is discussed; if the student does not attend, the district must take other steps to include student input (Rule 2363.7(i); 34 CFR 300.321(b)).
Vermont connects students to DAIL and DVR beginning at age 14-16 as community transition partners; invited with parental consent (Rule 2363.7(i); 34 CFR 300.321(b)(3)).
At age 18, educational rights transfer to the student unless the student has been adjudicated incompetent; the IEP must document notice of transfer (Rule 2365.1.12; 34 CFR 300.520).
FAPE continues through age 21 (until the student's 22nd birthday); a waiver is available if the student turns 22 within 3 months of graduation (Rule 2360.2; 16 V.S.A. § 2942).
A Summary of Performance must be provided when a student graduates or ages out (34 CFR 300.305(e)(3)).
Key Timelines
Age 16: Transition planning must be formally included on the IEP — consistent with IDEA; age 14 planning is encouraged but not mandated (Rule 2363.7(i)).
Age 18: Transfer of educational rights to the student (Rule 2365.1.12; 34 CFR 300.520).
Age 21 (22nd birthday): FAPE eligibility ends; waiver available within 3 months of graduation (Rule 2360.2; 16 V.S.A. § 2942).
Annual: Transition plan must be updated as part of each annual IEP review (Rule 2363.6; 34 CFR 300.324(b)).
Sources
Related IEP Guides
IEP Transition Goals: Preparing Your Child for Life After High School
What IEP transition planning is, when it starts, what transition goals should include, and how to prepare your child for life after school.
Your IEP Rights: What Schools Must Do
Know your rights in the IEP process. Learn about Prior Written Notice, independent evaluations, stay-put, due process, and 10 rights every parent should know.