Transition Age Rights in Washington
What are the transition age rights for IEP students in Washington?
Washington's transition age framework follows the federal minimum of age 16, with provisions for earlier planning when appropriate. Under WAC 392-172A-03090(1)(k), beginning with the first IEP in effect when the student turns 16 (or younger if determined appropriate by the IEP team), the IEP must include measurable postsecondary goals based on age-appropriate transition assessments and the transition services needed. Washington's unique addition is the requirement that postsecondary goals and transition services align with the student's High School and Beyond Plan — a Washington graduation planning document (WAC 392-172A-03090(1)(k)). Under WAC 392-172A-05135, parental rights transfer to the student at age 18 (the age of majority under RCW 26.28.010), and the IEP must include a statement that the student has been informed of this transfer beginning at age 17. Under RCW 28A.155.220, OSPI must coordinate interagency agreements for transition services with DSHS, the Division of Vocational Rehabilitation (DVR), and other agencies. FAPE ends at age 21, with a caveat from the N.D. v. Reykdal settlement (2023) extending FAPE obligations for certain students to age 22. Washington's DVR provides pre-employment transition services (Pre-ETS) to eligible students with disabilities, and districts must coordinate IEP transition planning with DVR when applicable.
What Washington Requires
Transition planning begins by age 16 (or earlier if appropriate), with measurable postsecondary goals in training, education, employment, and independent living (WAC 392-172A-03090(1)(k)).
Postsecondary goals and transition services must align with the student's High School and Beyond Plan — a Washington-specific requirement (WAC 392-172A-03090(1)(k)).
Agency representatives from DSHS, DVR (Division of Vocational Rehabilitation), and other transition agencies must be invited to IEP meetings when transition services are discussed (RCW 28A.155.220; 34 CFR 300.321(b)).
Beginning at age 17, the IEP must include a statement that the student has been informed of rights transferring at age 18 (WAC 392-172A-05135).
All parental rights transfer to the student at age 18 unless the student is incapacitated under RCW 11.130 (WAC 392-172A-05135; RCW 26.28.010).
OSPI must track postsecondary outcomes for special education graduates within one year: employment, wages, postsecondary education entry, and economic self-sufficiency (RCW 28A.155.220).
Washington's DVR provides pre-employment transition services (Pre-ETS) to eligible students; IEP teams should coordinate referrals to DVR before the student exits school (RCW 28A.155.220).
Key Timelines
Age 16: transition planning begins (WAC 392-172A-03090(1)(k)).
Age 17: IEP must include statement of rights transfer notification (WAC 392-172A-05135).
Age 18: all parental rights transfer to the student (WAC 392-172A-05135; RCW 26.28.010).
Age 21: FAPE eligibility ends (WAC 392-172A-02000(2)(b)); potentially age 22 for certain students (N.D. v. Reykdal settlement, 2023).
Transition goals updated annually at each IEP review (WAC 392-172A-03090(1)(k); 34 CFR 300.324(b)).