Regarding transition students’ receipt of their Individualized Education Plan
A2020-04: Regarding transition students’ receipt of their Individualized Education Plan
Adopted In : 2020
Topics : Education
WHEREAS, when a special education student in Minnesota reaches age 14, that student becomes a transition student and can receive services in the areas of career exploration, post-secondary training, employment, independent living, and recreation/leisure activities; and
WHEREAS, many transition-age students are receiving services based on an Individualized Education Plan (IEP); and
WHEREAS, because students have not yet reached the "age of majority" (which is 18 in Minnesota) when they enter the transition age, state and federal laws do not require school districts to provide these students with a copy of their IEP; and
WHEREAS, it is often the responsibility of parents to disclose information to students regarding their educational programming, especially if the student does not actively participate in the development of their IEP; and
WHEREAS, the Individuals with Disabilities Education Act (IDEA) requires that, at least one year prior to a student reaching the age of majority under state law, a school district must inform special education students, including those who are blind, of the rights that will transfer to them, unless a legal guardian or conservator has been appointed or unless the students are deemed incompetent to make decisions regarding their own education; and
WHEREAS, State and federal laws do not require that students receive a copy of their educational programming upon reaching the transition age of 14 under state law and 16 under federal law since all decisions are legally that of the parent/guardian until the student reaches the legal age of majority; and
WHEREAS, Participation by students in the development of their educational programming is often encouraged, but not required, resulting in many students having little interest in their program, especially if parents and educators do not require their involvement; and
WHEREAS, some parents, school districts, and IEP team members have misconceptions regarding the ability of blind students whom they are representing to participate in the development of their educational programming, resulting in students not being empowered to make decisions for themselves; now, therefore
BE IT RESOLVED by the National Federation of the Blind of Minnesota in convention assembled this eighth day of November, 2020, that this organization call upon the Minnesota Department of Education to work with the National Federation of the Blind of Minnesota on development of a policy requiring school districts to provide special education students, beginning at age 14, with a copy of their Individualized Education Program (IEP), with Prior Written Notices, and with other relevant documentation, in the student's preferred reading medium; and
BE IT FURTHER RESOLVED that this organization call upon the Minnesota Department of Education to designate students who have reached the transition age as required members of the IEP team, unless it is determined by the IEP team that meaningful involvement from the student in decisions about the student's own program is not possible.
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