Transition Age Rights in Virginia

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

Virginia requires transition planning to begin earlier than the federal IDEA baseline. Under 8VAC20-81-110.G.10, transition planning must begin not later than the first IEP to be in effect when the child turns 14 years of age, or younger if determined appropriate by the IEP team—two years before the federal requirement of age 16 under 34 CFR 300.320(b). The IEP must include appropriate measurable postsecondary goals based on age-appropriate transition assessments in education/training, employment, and where appropriate, independent living skills, along with the transition services (including courses of study) needed to reach those goals. The student must be invited to the IEP meeting whenever transition is discussed (34 CFR 300.321(b)). Beginning no later than one year before the student reaches age 18, the IEP must include a statement that the student has been informed of rights that will transfer at the age of majority (8VAC20-81-110.G.11). At age 18, all IDEA rights transfer to the student (8VAC20-81-180). Virginia requires that during the annual IEP process for students entering 11th or 12th grade, the IEP team provide written notice about dual enrollment course rights and obligations (Code of Virginia § 22.1-215.3). Virginia serves students with disabilities through age 21; FAPE and transition services terminate when the student reaches age 22 (8VAC20-81-90; Code of Virginia § 22.1-213). Students who receive an Applied Studies Diploma remain eligible for FAPE until reaching age 22, as this diploma does not constitute graduation with a standard or advanced studies diploma (8VAC20-81-90).