1. (a) Definition.

   1. (1) “Transition services” means a coordinated set of activities for a child with a disability that:

      1. (A) 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:

2. (i) Post-secondary education;

   1. (ii) Vocational education;

      1. (iii) Integrated employment (including supported employment);

         1. (iv) Continuing and adult education;
         2. (v) Adult services;
         3. (vi) Independent living; or
         4. (vii) Community participation;
      2. (B) Is based upon the individual child's needs, taking into account the child's preferences and interests; and

      3. (C) Includes:

         1. (i) Instruction;
         2. (ii) Related services;
         3. (iii) Community experiences;
         4. (iv) The development of employment and other post-school adult living objectives; and
         5. (v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

   2. (2) Transition services for children with disabilities may be:

      1. (A) Special education, if provided as specially designed instruction; or
      2. (B) A related service, if required to assist a child with a disability to benefit from special education.

3. (b) Content of the IEP.

   1. (1) Transition services.

      1. (A) For each child with a disability, beginning not later than the first IEP to be in effect when the child turns sixteen (16) (or younger, if determined appropriate by the IEP team) and updated annually thereafter, the IEP must include:

         1. (i) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to:
4. (a) (a) Training;

5. (b) (b) Education;

   1. (c) (c) Employment; and

      1. (d) (d) Where appropriate, independent living skills; and

         1. (ii) The transition services (including courses of study) needed to assist the child in reaching those goals.

      2. (B)

         1. (i) The following requirements do not apply to children with disabilities who are convicted as adults under state law and incarcerated in adult prisons.
         2. (ii) The requirements in 34 C.F.R. § 300.320(b) (related to transition planning and transition services) do not apply with respect to the children whose eligibility under Part B of the Individuals with Disabilities Education Act will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

   2. (2) Transfer of rights.

      1. (A) In Arkansas, beginning not later than one (1) year before a child reaches the age of majority under state law, age eighteen (18), except for a child with a disability who has been determined to be incompetent under state law, the child's IEP must include a statement that the child has been informed of his or her rights under Part B of the act, if any, that will transfer to the child on reaching the age of majority, consistent with 34 C.F.R. § 300.520 and 6 CAR § 130-901 et seq.
      2. (B) All rights accorded to parents under Part B of the act transfer to the children who are incarcerated in an adult or juvenile, state or local correctional institution.
      3. (C) The public agency must provide any notice required by this part to both the child and the parents, and all other rights accorded to the parent under Part B of the act transfer to the child.

   3. (3) The LEA must use the procedures established by the state for appointing the parent of a child with a disability or, if the parent is not available, another appropriate individual to represent the education interests of the child throughout the period of the child's eligibility under Part B of the act if, under state law, a child who has reached the age of majority, but has not been determined to be incompetent, can be determined not to have the ability to provide informed consent with respect to the child's educational program.

      1. (c) Participants in meetings.
   4. (1) Child. Under this part, the public agency must invite a child with a disability of any age to attend his or her IEP meeting if a purpose of the meeting will be the consideration of the child's post-secondary goals and transition services needed to assist the child in reaching those goals under 34 C.F.R. § 300.320(b).
   5. (2) Child does not attend. If the child does not attend the IEP meeting, the public agency must take other steps to ensure that the child's preferences and interests are considered.

   6. (3) Agency participation. To the extent appropriate, with the consent of the parents or a child who has reached the age of majority, in implementing the requirements of 34 C.F.R. § 300.321(b) and subdivision (b)(1)(A) of this section, the public agency must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.

      1. (d) Parent participation. In implementing the requirements of 34 C.F.R. § 300.322 and 6 CAR § 130-806, the public agency must take steps to ensure that one (1) or both of the parents of a child with a disability are:
   7. (1) Present at each IEP team meeting;
   8. (2) Afforded the opportunity to participate; and
   9. (3) Notified of the meeting early enough to ensure that they will have an opportunity to attend.

6. (e) Agency responsibilities for transition services.

   1. (1) If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with 34 C.F.R. § 300.320(b), the public agency must reconvene the IEP team to identify alternative strategies to meet the transition objectives for the child set out in that IEP.
   2. (2) Nothing in this part relieves any participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of the agency.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.