• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

J. Lynn Enterprises

Specializing in transition services planning, transition assessment and functional vocational evaluation for students and adults with special needs.

  • Parents
    • Transition Ages 14-21
    • Post-Transition Over 21
  • Attorneys
  • Educators
  • Services
    • Transition Assessment
    • Functional Vocational Evaluation
    • Training and Consultation
    • Transition Services
    • E-coaching
    • Expert Witness and Litigation Support
    • Advocacy Services
    • Program Placement Services
    • Private Consultation to Families
  • Resources
    • Post-Secondary Education and Training Resources
      • Post Secondary Programs
    • Resources for Educators
  • About
    • Testimonials
    • Contact
  • Blog
You are here: Home / Blog / Parents of Special Needs Children / Understanding Your Rights as a Special Needs Parent

Understanding Your Rights as a Special Needs Parent

June 26, 2017

Having a child with special needs is complicated by the challenge of having to navigate an unfamiliar system. One such area of confusion: understands transition from high school and beyond and your rights to services. First let’s define the law:

§300.43 Transition services IDEA 2004 (a) Transition services means a coordinated set of activities for a child with a disability that—

  1. Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
  2. Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes—
    • Instruction;
    • Related services;
    • Community experiences;
    • The development of employment and other post-school adult living objectives; and
    • If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

Now that you know the law, how can you make sure your child is getting the services he/she deserves?

Case Study

A special education student under an IEP, age 18 and considered a senior in a high school was confronted by his school district in his last year and was told he had to take his diploma and graduate high school. Doing so, would leave him without access to any special education services. The student had never undergone a comprehensive transition assessment or transition planning review. Hence, his IEP had focused solely on academic achievement (albeit with many, many modifications including a waiver for basic math).

His parents hadn’t received proper orientation to transition services and did not understand the regulations until the student was in 12th grade. The student had the desire (and ability with supports) to attend college, but there had been no preparations for this goal. The parents, late to game, demanded the school conduct a transition assessment to determine appropriate transition services. The school complied, but provided a non-descript report and general recommendations that included “work experience” but nothing regarding the child’s goal for a college experience, vocational evaluation, self-determination skills or postsecondary goal options.

Regardless of the lack of quality and on point accuracy of transition skills basis, the school disagreed with the finding, saying the student has progressed academically and the family was denying the student’s right to graduate. Essentially, the school district interpreted the regulations conveniently to understand that if a student has accomplished and met the academic criteria for graduation, that separation from school services through graduation had to occur.

However, the regulations clearly state that transition includes not only academic achievement, but functional achievement as well. Transition services must be determined by an age appropriate transition assessment. It does not say anecdotal information can be used, nor does it say the determination of services is based on the resources available within the district.

Hence, the student must be individually assessed in the areas of independent living skills (daily living, community access, social, and independence), work/career and training or education and services are determined based on NEED. ACADEMIC ACHIEVEMENT IS NOT THE ONLY CRITERIA FOR GRADUATION. WITHOUT ASSESSMENT AND TRANSITION SERVICES, THE IEP IS INCOMPLETE.

For a smoother and appropriate transition we recommend:

  1. Learn about transition beginning as early as middle school.
  2. Conduct age appropriate transition assessment and determine baseline skills in the three areas of transition so that annual goals can be created, tracked and measured for progress.
  3. Do not accept a diploma if transition assessment and transition services have not been determined. Academic achievement is NOT ENOUGH to separate the child from special education services!!!

At Transition Response we assist parents and students with a variety of services. From teaching them what the law requires and helping them ensure their school system abides by the law, to performing the proper assessments. Contact Us at 860-454-7494 to start your child’s path to a successful future.

Filed Under: Parents of Special Needs Children

Disability Expertise

J. Lynn Enterprises has helped people with nearly every diagnosis (mild, moderate and severe). These include…

  • Autism
  • Developmental Disabilities
  • Williams Syndrome
  • Anxiety Disorder
  • Deafness
  • Blindness
  • Mental Illness

People come to us when they’ve hit a wall in the system. We work to make sure you or your loved one gets the services they need.

Contact Us at 860-454-7494 for a free phone consultation today!

J. Lynn Enterprises has worked on transitional planning for nearly 30 years. Their experience includes…

  1. Worked with more than 150 school districts throughout the U.S.
  2. Represented over 500 students
  3. Performed in excess of 350 transitional assessments and functional vocational evaluations
  4. Developed transitional programs for school systems throughout the US

Regardless of their disability, J. Lynn Enterprises will work with your child and the school system to create a path that works.

Subscribe to our email list

Stay informed about transition law and practices.


By submitting this form, you are consenting to receive marketing emails from: . You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact

Contact J. Lynn Enterprises, LLC

Call us at 860-454-7494 or send an email by clicking the button below:
Send an Email

Social

  • Facebook
  • LinkedIn
  • Twitter

Copyright © 2021 J. Lynn Enterprises LLC · 860-454-7494 · Website by Web Savvy Marketers, LLC · Log in