IEP Transition Services in Virginia
When does IEP transition planning start in Virginia?
Virginia requires transition planning to begin earlier than the federal baseline. Under 8VAC20-81-110.G.10, beginning 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—and updated annually thereafter, the IEP must include: (a) appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills; and (b) the transition services, including courses of study, needed to assist the child in reaching those goals. Transition services must be based on the individual child's needs, taking into account the child's strengths, preferences, and interests (34 CFR 300.43). The student must be invited to the IEP meeting when transition is discussed. If the student does not attend, the IEP team must ensure the student's preferences and interests are considered. Beginning no later than one year before the child reaches the age of majority (age 18), the IEP must include a statement that the child has been informed of rights that will transfer at majority (8VAC20-81-110.G.11). At age 18, all IDEA rights transfer to the student (8VAC20-81-180). Virginia also requires that during the annual IEP planning process for students entering 11th or 12th grade, the IEP team provide written notice of dual enrollment course rights (Code of Virginia § 22.1-215.3). Virginia serves students with disabilities through age 21; FAPE terminates when the student reaches age 22 (8VAC20-81-90; Code of Virginia § 22.1-213). The Applied Studies Diploma does not terminate FAPE eligibility (8VAC20-81-90).
What Virginia Requires
Transition planning begins no later than the first IEP in effect when the child turns 14 (8VAC20-81-110.G.10)—two years earlier than the federal requirement of age 16.
The IEP must include measurable postsecondary goals in education/training and employment, and where appropriate, independent living skills, based on age-appropriate transition assessments (8VAC20-81-110.G.10).
Transition services, including courses of study, needed to assist the child in reaching postsecondary goals must be documented (8VAC20-81-110.G.10).
The student must be invited to the IEP meeting when transition planning is discussed; if the student does not attend, preferences and interests must still be considered (34 CFR 300.321(b)).
Beginning no later than one year before age 18, the IEP must state that the child has been informed of rights transferring at majority; all rights transfer at age 18 (8VAC20-81-110.G.11; 8VAC20-81-180).
For students entering 11th or 12th grade, written notice of dual enrollment course rights must be provided (Code of Virginia § 22.1-215.3).
FAPE and transition services continue until the student reaches age 22; the Applied Studies Diploma does not terminate eligibility (8VAC20-81-90).
Key Timelines
Transition planning begins no later than the first IEP in effect when the child turns 14 (8VAC20-81-110.G.10).
Transition goals and services updated annually thereafter (8VAC20-81-110.G.10).
Rights transfer notification must occur at least one year before the child turns 18 (8VAC20-81-110.G.11).
All IDEA rights transfer to the student at age 18 (8VAC20-81-180).
Dual enrollment notification during the IEP process prior to 11th or 12th grade (Code of Virginia § 22.1-215.3).
FAPE and transition services terminate when the student reaches age 22 (8VAC20-81-90; Code of Virginia § 22.1-213).