Narrative: d. 2. B.

The formal agreement includes the following:

DETERMINATION OF AGENCY RESPONSIBILITY

Education, through participation in the Individuals with Disabilities Education Act (IDEA 2004), has assured the United States Department of Education (USDE) that it has established general supervisory authority over all education programs administered within the State. General supervisory authority means that:

1. All programs serving eligible students meet all requirements of IDEA 2004;

2. All programs serving eligible students within the state must meet State standards; and

3. Funds which support services to eligible school age students with disabilities, including state and local education funds and funds under Title V, Title VI, Title IX, and Title XX of the Social Security Act, will continue to provide any and all services provided by these funds prior to the passage of IDEA 2004; and no program will alter eligibility requirements for participating in federal, state, and local programs in order to increase the financial responsibility of agencies receiving IDEA 2004 funds. Part B of IDEA does not limit the responsibility of agencies other than educational agencies for providing for and paying for some or all of the costs of a free appropriate public education to students with disabilities in the State.

Education has responsibility for providing appropriate special education and related services for each eligible student with a disability, ages 3 to 21, enrolled in the public school system. For each eligible student with a disability at age 16 or younger, if determined appropriate, the transition service needs of the student must be identified, including interagency linkages. Students with disabilities shall have equal access to services, which are normally provided by public schools for non–disabled individuals, provided that reasonable accommodations or modifications can be made.

Transition services are defined in IDEA 2004 as a coordinated set of activities for a student with an exceptionality that are designed within a results–oriented process focused on improving the academic and functional achievement of the student to facilitate movement from school to post–school activities, including post–secondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, or community participation.

For students with disabilities ages 16 to 21, who are preparing to graduate or have exited school, the responsibility for vocational services rests with Rehabilitation. This provision also applies to all other school age students who meet eligibility requirements for Rehabilitation services. Rehabilitation will provide services, which are legally the responsibility of Rehabilitation for those individuals determined to be eligible for services.

Eligibility for Rehabilitation services is determined by the following criteria:

–An individual must have a physical or mental impairment which, for that individual, constitutes or results in a substantial impediment for employment; and

–The individual can benefit in terms of an employment outcome from vocational rehabilitation services.

It is important that Education and Rehabilitation work together to determine logistics for providing transition services. The IEP and the Individualized Plan for Employment (IPE) must be developed with coordinated goals, objectives, and planned services for effective and successful transition to post–school settings. Each agency will cooperate to provide referral, support, and assistance to the agency with responsibility for services.

IDEA 2004 and the Rehabilitation Act of 1973, as amended, require the individual’s participation in the development of the IEP and IPE, respectively, and emphasize informed choice. Identification of transition services for the IEP is focused on a coordinated set of activities which considers the student’s preferences and interests. Likewise, the IPE is developed with the assistance of a rehabilitation counselor who guides the individual in identifying goals through reviewing assessments, individual strengths, resources, interests, and needs. Education must provide both awareness and exploration activities in the areas of living, learning, and work to support decisions about post school outcomes. This interagency cooperation assures seamless transition services that prepare the student to pursue adult goals.

Rehabilitation and Education will assist students and parents in understanding the differences of entitlement services provided by Education and eligibility for Rehabilitation services. Every student is entitled to a Free Appropriate Public Education (FAPE) under IDEA 2004. The provision of Rehabilitation services is offered to individuals with disabilities based on a determination of their eligibility as previously defined. The participation of Rehabilitation counselors in the IEP process will assist students and parents in understanding the differences and facilitate the provision of educational and rehabilitation services. Rehabilitation and Education will utilize a variety of activities to provide outreach, both jointly and individually, for eligible students with IEPs, students with 504 plans, and others with disabilities not currently receiving services. Activities may include participation in career/job fairs, presentations to students and parents, website links, brochures, surveys, conferencing between Rehabilitation School Counselors and School Counselors, and regularly scheduled contact with individual schools. Professional development activities between Education and Rehabilitation shall be provided and facilitated by state staff, including support of regional transition teams, participating in topic specific learning events and book studies.