Narrative: d. 2. B.

The MOU covers compliance with state and federal laws and regulations pertaining to transition planning at the local level:

The ESE will provide ongoing guidance to LEAs regarding the responsibility to provide a free and appropriate public education ("FAPE") to students eligible for special education and Section 504 accommodation plans, as mandated by federal and state law. Guidance will include the requirements that IEPs specify needed transition services; that special education transition services be provided for each eligible student beginning at age 14; that representatives of participating agencies be invited to the IEP team meeting with the prior consent of the parent/legal guardian or student who has reached the age of majority; and that IEP Teams discuss the transfer of parental rights to the student at least one year before the student turns 18. The ESE will also provide guidance to LEAs to facilitate Chapter 688 referrals to the appropriate agency for eligible students who will require ongoing supports and services from the adult service system.

On a regular basis, the ESE will monitor LEAs’ development and use of policies and procedures, including those regarding Section 504 and the transition requirements of IDEA. All monitoring reports will be made publicly available on the ESE’s web site. The ESE will provide guidance to LEAs, in accordance with 34 CFR 397.31, to inform LEAs that WOIA prohibits LEAs from entering into a contract or other arrangement with an entity, as defined in 34 CFR 397.5(d), for the purpose of operating a program under which a youth with a disability is engaged in subminimum wage employment. The ESE assures that it will not enter such a contract or other arrangement.

The MRC will ensure that its Area Offices will determine eligibility for vocational rehabilitation services for students with disabilities and will provide PETS based on individual need. For those students eligible for vocational rehabilitation services, the rehabilitation counselor, together with the student, will develop an IPE stating the vocational goal and the services necessary to achieve it. These services may include: vocational guidance, work evaluation, skills training at a college or community rehabilitation program, adaptive equipment, and benefits counseling. Required PETS activities are: job exploration counseling; work–based learning experiences; counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education; workplace readiness training to develop social skills and independent living; and instruction in self–advocacy. The ESE and the MRC will provide guidance for local MRC staff and school district personnel on transition planning for students with disabilities that facilitates the development and implementation of IEPs under section 614(d) of the IDEA. MRC develops IPEs for students with disabilities as soon as possible.

MRC and DESE will review and revise forms, procedures, and provide technical assistance to local school districts regarding transition planning in compliance with state and federal laws and regulations. The ESE will review the effectiveness of the IEP format which integrates transition planning into the form as a whole and will consider revisions as necessary or appropriate. The ESE will also consider revisions that might be necessary as a result of any changes in federal or state law. The ESE will invite MRC representatives to comment on any proposed changes that affect transition planning The ESE and the MRC will coordinate, as necessary, to satisfy documentation requirements set forth at 34 CFR Part 397 with regard to students and youth with disabilities who are seeking subminimum–wage employment.