Independent Living Services for Children and Youth with Disabilities (continued from May 2)
On April 14, 2017, Bob Williams, Director of Independent Living Administration, provided additional explanation regarding services by Centers to youth, related both to the more traditional IL services and to the new core service of transition, specifically to youth and young adults with disabilities as they transition to postsecondary life once they are no longer receiving a secondary education. The full text of the letter and guidance can be found on our website. Here are seven questions addressed in that information.
- What are core transition services for “out-of-school youth”?
Core transition services for out-of-school youth are found in the Rehabilitation Act of 1973, as amended (the Act), Sec. 7 (17)(E)(iii). This
category covers services designed and provided by the CIL specifically to facilitate the successful transition of youth to post-secondary life. A CIL can also provide other core services that meet this aim.
- What does the phrase “out-of-school youth” mean?
It refers to youth with significant disabilities ages 14 to 24 who have completed their secondary education or otherwise are no longer in a secondary education or special education program. Such youth include those enrolled in a GED or post-secondary education program (e.g., college, career development or related programs). (Note from Paula – I think this is an important clarification, and it is good to know that enrollment in a GED program is not considered part of secondary school.)
- Do students have to have had an individualized education program (IEP) for the CIL to provide core transition services for out-of-school youth?
No, the criteria that must be met is eligibility for an IEP. The eligibility criteria for out-of-school youth to receive these services are set forth in the Act (as amended by WIOA) at Sec. 7(17) (E) (iii). Only youth “Who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20.S.C. 1414(d)), and who have completed their secondary education or otherwise left school may be eligible to receive these services. (Emphasis added). However, it is permissible, and in many instances appropriate, to provide the same or similar services and assistance to both youth that are eligible for the new core services and those that are not eligible. (See Q4 and Q5.)
Written documentation is not required, but rather, is based on self-report by the consumer and/or his/her guardian that he or she was eligible for an IEP. (Note from Paula – this clarification is extremely helpful. A youth can self-disclose that s/he was eligible for an IEP when they were attending school.)
- May CILs provide the same or similar services and assistance to secondary school students as they would to out-of-school youth who are eligible for new core services?
Yes, this is permissible and in many instances appropriate to do. CILs that do this, however, must be sure to distinguish in their reporting between services provided to youth who are eligible to receive the new core service for youth and services provided to other youth who do not meet this definition and report accordingly. While the reporting requirements are different, ILA strongly encourages CILs to design and provide services and assistance that empower and strengthens the independence and self-determination of young people with significant disabilities in a coordinated, sequenced and seamless manner that builds lifelong success.
- May CILs provide core transition services for out-of-school youth to students who were not eligible for an IEP, such as those that had a Section 504 plan when they were in school?
It is permissible, and in many instances appropriate, to provide the same or similar services and assistance to both youth that are eligible for the new core services and those that are not eligible. However, these would not be considered “core transition services” as created by WIOA.
When this is done the CIL must be sure to distinguish in its reporting between services provided to youth who are eligible to receive the new core service for youth and services provided to other youth who do not meet this definition and report accordingly. It’s also important to note that students who were eligible for an IEP, but chose to be served under a 504 plan, would be considered eligible for the new core service for youth if the other criteria are met.
- What is the age range within which services can be provided for transition of youth core services?
The Centers for Independent Living regulations at 45 CFR 1329.4 define “youth with a significant disability” to include the age range of 14-24. Transition of youth core services may be provided within this age range. General core transition services for out-of-school youth are available to individuals according to the CIL’s eligibility criteria.
- What are requirements for transition of youth for students with disabilities who were home-schooled or who attended private school or public charter schools?
The criteria that must be met is eligibility for an IEP. As is the case with public school students, documentation is not required, but rather, is based on self-report by the consumer and/or his/her guardian that he or she was found eligible for an IEP.
Please Note: If you have additional questions, please contact your state project officer or the CIL training and technical assistance center at www.ilru.org. Specific training is also available at http://www.ilru.org/topics/youth-transition.
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