October 3, 2017
See Part 1 on issues related to special education in disability specific settings.
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Transition services begin at age 14 and continue through age 22 and help the student plan for a productive life once they age out of school.
Transition Services (34 CFR 300.43)
Transition services begin at age 14 and continue through age 22 and help the student plan for a productive life once they age out of school.
A January 2017 guide, “A Transitional Guide to Postsecondary Education and Employment for Students with Disabilities,” produced by the Office of Special Education and Rehabilitative Services (OSERS) of the United States Department of Education discusses post-secondary education and training, regular and alternative high school diploma, dual or concurrent enrollment program, early college high school, and employment opportunities such as community-based work, internships, mentorships, and apprenticeships.
There are no sections of this guide which address the needs of children with severe or profound disabilities. One would think that the post-secondary education and training section would address opportunities for young adults with severe and profound disabilities. This section, however, states,
“There are a number of opportunities and programs available for students preparing to exit secondary school. Many of these education and training opportunities involve formal or informal connections between educational, VR, employment, training, social services, and health services agencies. Specifically, high schools, career centers, community colleges, four-year colleges and universities, and State technical colleges are key partners.” OSERS Transition Guide, page 2. (Emphasis added.)
What about supported community employment and sheltered work settings that provide a commensurate wage, and what about facility-based day programs for those with the most profound needs? Why are these opportunities not listed?
There are no sections of this guide which address the needs of children with severe or profound disabilities. One would think that the post-secondary education and training section would address opportunities for young adults with severe and profound disabilities. This section, however, states,
“There are a number of opportunities and programs available for students preparing to exit secondary school. Many of these education and training opportunities involve formal or informal connections between educational, VR, employment, training, social services, and health services agencies. Specifically, high schools, career centers, community colleges, four-year colleges and universities, and State technical colleges are key partners.” OSERS Transition Guide, page 2. (Emphasis added.)
What about supported community employment and sheltered work settings that provide a commensurate wage, and what about facility-based day programs for those with the most profound needs? Why are these opportunities not listed?
The section regarding alternative high school diploma states that this diploma pertains to children with “the most significant cognitive disabilities.” But, the section goes on to say,
“IEPs could include transition services in the form of coursework at a community college or other postsecondary institution, provided that the State recognizes the coursework as secondary school education under State law. Secondary school education does not include education that is beyond grade 12 and must meet State education standards.” OSER Transition Guide, page 3. (Emphasis added.)
“IEPs could include transition services in the form of coursework at a community college or other postsecondary institution, provided that the State recognizes the coursework as secondary school education under State law. Secondary school education does not include education that is beyond grade 12 and must meet State education standards.” OSER Transition Guide, page 3. (Emphasis added.)
Suggesting individuals with the most significant cognitive disabilities, functioning at the level of an infant or small child, could benefit from coursework at a community college is nonsensical.
Even the sections of the guide that address work opportunities say nothing about supported employment in a community setting, sheltered workshops or facility-based day programs.
Concurrently with the DOE limiting disability-specific programming and not offering appropriate transition services for individuals with severe and profound disabilities, other federal departments, namely the Department of Labor (DOL) and the Department of Health & Humans Services (HHS), are making it harder for young adults with severe and profound needs to access post-secondary opportunities. The DOL is making it more difficult for individuals to receive a commensurate wage by threatening the end of FLSA 14(c) wages certificates and increasing regulation under WIOA. HHS has changed settings rules that make it harder for disability-specific work and day programs to receive HCBS waiver funding. The DOE, the initial place an individual with disabilities receive services in life, should work with other federal agencies to maintain and promote opportunities so that children with severe and profound disabilities that are sent into the world from the education system have appropriate and meaningful opportunities in life.
Concurrently with the DOE limiting disability-specific programming and not offering appropriate transition services for individuals with severe and profound disabilities, other federal departments, namely the Department of Labor (DOL) and the Department of Health & Humans Services (HHS), are making it harder for young adults with severe and profound needs to access post-secondary opportunities. The DOL is making it more difficult for individuals to receive a commensurate wage by threatening the end of FLSA 14(c) wages certificates and increasing regulation under WIOA. HHS has changed settings rules that make it harder for disability-specific work and day programs to receive HCBS waiver funding. The DOE, the initial place an individual with disabilities receive services in life, should work with other federal agencies to maintain and promote opportunities so that children with severe and profound disabilities that are sent into the world from the education system have appropriate and meaningful opportunities in life.
The preface to the Transition Guide referenced above indicates that OSERS “provides oversight and guidance regarding the administration and provision of transition services by state education agencies (SEAs), local education agencies (LEAs) and state vocational rehabilitation (VR) agencies.” As such, OSERS of the DOE, has a role to play in the provision of appropriate VR supports for children with severe and profound needs. These include commensurate wage opportunities through supported employment and sheltered work as well as facility-based day programs for those who cannot functionally perform work.
Conclusion
While integration is a laudable goal, integration for its own sake is not. In practice, this means that a least restrictive environment for some may be a the most restrictive environment for others. As such, educational and transition programs must look at the individual needs and choices of each child.
It is for this reason that a basic tenet of the Americans with Disabilities Act as set forth by the Department of Justice recognizes the individual as having paramount importance in the administration of public services,
While integration is a laudable goal, integration for its own sake is not. In practice, this means that a least restrictive environment for some may be a the most restrictive environment for others. As such, educational and transition programs must look at the individual needs and choices of each child.
It is for this reason that a basic tenet of the Americans with Disabilities Act as set forth by the Department of Justice recognizes the individual as having paramount importance in the administration of public services,
"..public entities are required to ensure that their actions are based on facts applicable to individuals and not on presumptions as to what a class of individuals with disabilities can or cannot do." 28 C.F.R § 35.130
Caroline Lahrmann
Caroline Lahrmann
Columbus, Ohio
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