Dear Readers,
Many of the UNIT Chapters in my book, KNOW AUTISM, KNOW YOUR CHILD with < My Thoughts > by Sara Luker, have an added APPENDIX with more pertinent information for you. Therefore, the next few BLOGS will introduce you to them.
UNIT 6 Where To Look For Resources? CHAPTER 3 – LAWS, APPENDIX C Section 504 Plan & APPENDIX D Transition Plan, CHAPTER 4 – FAMILY LAW, APPENDIX E Due Process Hearing.
Many of the UNIT Chapters in my book, KNOW AUTISM, KNOW YOUR CHILD with < My Thoughts > by Sara Luker, have an added APPENDIX with more pertinent information for you. Therefore, the next few BLOGS will introduce you to them.
UNIT 6 Where To Look For Resources? CHAPTER 3 – LAWS, APPENDIX C Section 504 Plan & APPENDIX D Transition Plan, CHAPTER 4 – FAMILY LAW, APPENDIX E Due Process Hearing.
UNIT 6 Where To Look For Resources?
CHAPTER 3 – LAWS
APPENDIX C Section 504 Plan
The Individuals with Disabilities Education Act (IDEA), along with Section 504 of the Civil Rights Rehabilitation Act, and the Americans with Disabilities Act (ADA), provide for exceptional needs and/or services.
Waterstone, M. (2014) advises us that the purposes of provisions in the Americans with Disabilities Act (ADA) law are to ensure that each person with a disability has every opportunity to become a full member of society.
Yen, J. & Mao, A. (2011) say that the Individuals with Disabilities Education Act (IDEA) is the primary law that is invoked when parents are trying to access services of their qualified family members from age 3 to age 21, for educational needs. It includes Family Educational Rights & Privacy Act (FERPA) and Least Restrictive Environment (LRE). There are procedural safeguards in place, and families of children and adults with autism may need legal help to navigate the system when attempting to gain access to these and other necessary programs.
< My Thoughts > “…procedural safeguards…”
All U. S. schools receiving Federal funds have preprinted Procedural Safeguards Booklets available, for the asking. Understand that a Section 504 Plan does not provide extra services, nor change the curriculum. Only an Individualized Education Program (IEP) provides accommodations, plus specialized curriculum, instruction, and services.
Sometimes, the Special Education Department handles the 504 Plan. But, if the parents do not want the student somehow identified as having Special Education services, then the school Principal; or designee can be appointed to develop the 504 Plan, and necessary follow-up. Parents should always request a special meeting, if they feel that their child is not receiving the attention s/he needs. They may be eligible for a 504 Plan.
Note: More about all ‘disability’ laws regarding disability services and public education on your local, state, and government websites.
Staff Writer (2018) states that – your child needs a well written plan to be developed within the first weeks of school. For your part – provide all the data you have regarding your child. It would help to have a cover letter to request a meeting so that you can better understand how your child will be received.
Briefly, for children with disabilities, an Individualized Education Program (IEP) provides specialized instruction and accommodations. The Section 504 Plan provides accommodations, but not specialized instruction. The Individualized Health Care Plan (IHCP) would provide the student with access to the nurse’s office for medication, or other health care services.
From the U. S. Department of Education website, here are some of the ‘Frequently Asked Questions About Section 504 and the Education of Children with Disabilities’. An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination based on disability, against students with disabilities. OCR receives numerous complaints and inquiries in elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concerns are with the identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.
< My Thoughts > “…identification of students…”
Parents often have questions about whether the Section 504 Plan will be enough to protect their child in a general education classroom setting. Identification of a Section 504 Plan ‘disability’ is necessary, so the student has the appropriate learning support. Recently, parents have been known to seek a Section 504 Plan for their child who is having ‘gender identity’ issues, or undergoing gender transition and/or therapy. Also, U. S. students receiving Supplemental Security Income (SSI), may also qualify for a Section 504 Plan.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 Plan covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504 Plan, a student must be determined to:
(1) have a physical or mental impairment that substantially limits one or more major life activities.
(2) have a record of such an impairment.
(3) be regarded as having such an impairment.
Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
Here are some asked & answered questions from the U. S. Department of Education website, which may help you –
Note: The numbers below are as stated on the website, and do not reflect anything other than that.
22. Are there any impairments which automatically mean that a student has a disability under Section 504?
No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.
24. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?
No. A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity.
26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?
A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.
27. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?
The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.
29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?
Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement.
30. What is reasonable justification for referring a student for evaluation for services under Section 504?
School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.
32. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?
The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.
33. How should a recipient school district view a temporary impairment?
A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time.
36. Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?
No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE).
41. What is the difference between a regular education intervention plan and a Section 504 plan?
A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students. End of excerpt from the U. S. Department of Education website.
All Kids are Different - Learning Disabilities are Just Learning Differences
Kids with learning disabilities simply process certain types of information differently than others do. Most have normal or higher than normal IQ. Some students need additional time, and experience with ideas, in order to understand them. Students with learning disabilities need instruction that provides:
< My Thoughts > "Students with learning disabilities..."
Students with learning disabilities are struggling. When your child is struggling in school, but an Individualized Education Program (IEP) is not the right ‘fit’, consider requesting a Section 504 Plan. In some cases, a student may have both. Generally, the Section 504 Plan is sought for the insecure, or marginalized learner who needs a ‘least restrictive environment’ classroom setting where they have more equal learning opportunities for.
For example, the student may have special technology with which to take notes, and/or receive / assignments; or, take quizzes / tests. A student with autism may be successful in some general education classes with only the addition of accommodations stated in a Section 504 Plan. Also, if the student requires medication, during the school day, an Individualized Health Care Plan (IHCP) would provide the student with access to the nurse’s office for medication, or other health care services.
Parents and teachers often weigh the pros and cons of requesting Section 504 Plan help for students, at all levels in the educational system. This requires a thoughtful process of determining – first, qualification / identification of needs of the child; and second, the options / accommodations available to him/her.
REFFERENCES: APPENDIX D Section 504 Plan
Staff Writer (2018). Developing Your Child’s IEP; Retrieved online from – https://www.parentcenterhub.org/pa12
U.S. Department of Education (.gov) (2023). Frequently Asked Questions About Section 504 & the education of Children with Disabilities. Retrieved online from – https://www2.ed.gov › about › offices › list › ocr › 504faq
Waterstone, M. (2014). Disability Constitutional Law; Emory Law Journal; V63:3, p527-580.
Yen, J. & Mao, A. (2011). Laws that Affect Parents Raising a Child with Autism; Brown University Child & Adolescent Behavior Letter; V27:1, p1-6.
End of APPENDIX C Section 504 Plan
CHAPTER 3 – LAWS
APPENDIX C Section 504 Plan
The Individuals with Disabilities Education Act (IDEA), along with Section 504 of the Civil Rights Rehabilitation Act, and the Americans with Disabilities Act (ADA), provide for exceptional needs and/or services.
Waterstone, M. (2014) advises us that the purposes of provisions in the Americans with Disabilities Act (ADA) law are to ensure that each person with a disability has every opportunity to become a full member of society.
Yen, J. & Mao, A. (2011) say that the Individuals with Disabilities Education Act (IDEA) is the primary law that is invoked when parents are trying to access services of their qualified family members from age 3 to age 21, for educational needs. It includes Family Educational Rights & Privacy Act (FERPA) and Least Restrictive Environment (LRE). There are procedural safeguards in place, and families of children and adults with autism may need legal help to navigate the system when attempting to gain access to these and other necessary programs.
< My Thoughts > “…procedural safeguards…”
All U. S. schools receiving Federal funds have preprinted Procedural Safeguards Booklets available, for the asking. Understand that a Section 504 Plan does not provide extra services, nor change the curriculum. Only an Individualized Education Program (IEP) provides accommodations, plus specialized curriculum, instruction, and services.
Sometimes, the Special Education Department handles the 504 Plan. But, if the parents do not want the student somehow identified as having Special Education services, then the school Principal; or designee can be appointed to develop the 504 Plan, and necessary follow-up. Parents should always request a special meeting, if they feel that their child is not receiving the attention s/he needs. They may be eligible for a 504 Plan.
Note: More about all ‘disability’ laws regarding disability services and public education on your local, state, and government websites.
Staff Writer (2018) states that – your child needs a well written plan to be developed within the first weeks of school. For your part – provide all the data you have regarding your child. It would help to have a cover letter to request a meeting so that you can better understand how your child will be received.
Briefly, for children with disabilities, an Individualized Education Program (IEP) provides specialized instruction and accommodations. The Section 504 Plan provides accommodations, but not specialized instruction. The Individualized Health Care Plan (IHCP) would provide the student with access to the nurse’s office for medication, or other health care services.
From the U. S. Department of Education website, here are some of the ‘Frequently Asked Questions About Section 504 and the Education of Children with Disabilities’. An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination based on disability, against students with disabilities. OCR receives numerous complaints and inquiries in elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concerns are with the identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.
< My Thoughts > “…identification of students…”
Parents often have questions about whether the Section 504 Plan will be enough to protect their child in a general education classroom setting. Identification of a Section 504 Plan ‘disability’ is necessary, so the student has the appropriate learning support. Recently, parents have been known to seek a Section 504 Plan for their child who is having ‘gender identity’ issues, or undergoing gender transition and/or therapy. Also, U. S. students receiving Supplemental Security Income (SSI), may also qualify for a Section 504 Plan.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 Plan covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504 Plan, a student must be determined to:
(1) have a physical or mental impairment that substantially limits one or more major life activities.
(2) have a record of such an impairment.
(3) be regarded as having such an impairment.
Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
Here are some asked & answered questions from the U. S. Department of Education website, which may help you –
Note: The numbers below are as stated on the website, and do not reflect anything other than that.
22. Are there any impairments which automatically mean that a student has a disability under Section 504?
No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.
24. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?
No. A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity.
26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?
A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.
27. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?
The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.
29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?
Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement.
30. What is reasonable justification for referring a student for evaluation for services under Section 504?
School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.
32. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?
The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.
33. How should a recipient school district view a temporary impairment?
A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time.
36. Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?
No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE).
41. What is the difference between a regular education intervention plan and a Section 504 plan?
A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students. End of excerpt from the U. S. Department of Education website.
All Kids are Different - Learning Disabilities are Just Learning Differences
Kids with learning disabilities simply process certain types of information differently than others do. Most have normal or higher than normal IQ. Some students need additional time, and experience with ideas, in order to understand them. Students with learning disabilities need instruction that provides:
- Time to listen to ideas presented in a pace natural to them
- Time to think about and practice ideas
- Opportunities to work in groups, and additional time to work alone if needed
- Time to review frequently before moving on to other material
< My Thoughts > "Students with learning disabilities..."
Students with learning disabilities are struggling. When your child is struggling in school, but an Individualized Education Program (IEP) is not the right ‘fit’, consider requesting a Section 504 Plan. In some cases, a student may have both. Generally, the Section 504 Plan is sought for the insecure, or marginalized learner who needs a ‘least restrictive environment’ classroom setting where they have more equal learning opportunities for.
For example, the student may have special technology with which to take notes, and/or receive / assignments; or, take quizzes / tests. A student with autism may be successful in some general education classes with only the addition of accommodations stated in a Section 504 Plan. Also, if the student requires medication, during the school day, an Individualized Health Care Plan (IHCP) would provide the student with access to the nurse’s office for medication, or other health care services.
Parents and teachers often weigh the pros and cons of requesting Section 504 Plan help for students, at all levels in the educational system. This requires a thoughtful process of determining – first, qualification / identification of needs of the child; and second, the options / accommodations available to him/her.
REFFERENCES: APPENDIX D Section 504 Plan
Staff Writer (2018). Developing Your Child’s IEP; Retrieved online from – https://www.parentcenterhub.org/pa12
U.S. Department of Education (.gov) (2023). Frequently Asked Questions About Section 504 & the education of Children with Disabilities. Retrieved online from – https://www2.ed.gov › about › offices › list › ocr › 504faq
Waterstone, M. (2014). Disability Constitutional Law; Emory Law Journal; V63:3, p527-580.
Yen, J. & Mao, A. (2011). Laws that Affect Parents Raising a Child with Autism; Brown University Child & Adolescent Behavior Letter; V27:1, p1-6.
End of APPENDIX C Section 504 Plan
UNIT 6 Where To Look For Resources?
CHAPTER 3 – LAWS
APPENDIX D Transition Plan
Transition Plan
According Lee, A. M. I. (2025), to Transition planning is a process to help students with an Individualized Education Program (IEP) decide what they want to do after high school. It also helps them figure out how to get there. The purpose is to help teens prepare to be independent young adults.
< My Thoughts > “…Individualized Educational Plan (IEP)...”
Depending on the Special Education student’s age, and the state law, the student should have a ‘Transition Plan’ written into their IEP (Individualized Education Program) by the age of 16. Some schools begin to develop a Transition Plan in Elementary School. This widely varies from state to state and school district to school district. The Transition Plan is connected to the Individuals with Disabilities Education Act (IDEA) which connects to IDEA’s foundational principle of LRE (Least Restrictive Environment) and FAPE (Free Appropriate Public Education). If your child is not offered these, there is another law in place – Due Process.
IEP transition planning is more than just a hopeful exercise or brainstorming session. During planning, students work on specific goals. They get services and do activities to help achieve these goals.
Once transition goals are set, the IEP team will decide what services a student needs to meet goals. The range of possible services is broad:
These services must be reviewed and updated each year to support a student’s transition goals. Just like goals, services may change over time to reflect a student’s interests. The IEP team might list accommodations, too.
< My Thoughts > “…updated each year…”
As a part of the IEP team, parents can bring their child’s new interests to the attention of the team. As the special education’s Teacher of Record (TOR), my part was to include the student’s new interests and accomplishments. When beginning the IEP, it was helpful to ‘paint a picture’ of him or her, in words. Part of this was to inform the team of new interests or preferences. And, when the student was excelling in math, art, or video games. Then there was a possibility that these could provide future career paths. The older student might be offered an opportunity to have more advanced, or ‘gifted’ classes in these areas. Also, there may be community occasions to investigate available colleges and careers.
The team can also use IEP goals to support the transition plan. During transition planning, the IEP team may invite people from the community, such as counselors and job specialists, to help.
According to Bateman, B. D. (2025), “Parents should be aware that when it comes to looking at a continuum of placements, the law requires IEP teams to have a preference for LRE (Least Restrictive Environment).”
IEP teams are also obligated by law to find ways for students in placements on the continuum to have some access classrooms and activities with nondisabled peers. Whether a child’s placement will be in the general education classroom with peers without disabilities, is centered on whether the team agrees that the child can be provided FAPE (Free Appropriate Public Education) in the LRE (Least Restrictive Environment).
LRE (Least Restrictive Environment) refers to the educational setting where a student with a disability receives their education, ensuring they are placed with their non-disabled peers as much as possible. FAPE (Free Appropriate Public Education) is a right guaranteed by federal law, meaning students with disabilities receive a public education at no cost to the parents, tailored to their individual needs, and in the LRE. IEP (Individualized Education Program) is a document that outlines the specific educational goals, services, and supports a student with a disability needs to achieve their FAPE in the LRE.
< My Thoughts > “…as much as possible.”
This will vary by each school’s special education program provisions, available teachers, and capabilities of the IEP team members. Also, the child’s age as the team develops the Transition Plan. An IEP is a legal document, with yearly program revisions required. But parents and teachers may request revisions at any time, when they feel that there are necessary changes needed for goals, interests, services, and/or placement. These revisions should be documented and explained, fully.
Transition planning is a process mandated by the Individuals with Disabilities Education Act (IDEA 2004) for all students who have an Individualized Education Program (IEP) in K-12 education. The purpose is to facilitate the student’s move from school to post-school activities.
The transition planning must:
Bateman, B. D. (2025) states that a Transition Plan applies to all institutions to which Individuals with Disabilities Education Act (IDEA). And connects to IDEA’s foundational principle of LRE (Least Restrictive Environment). LRE can offer numerous benefits, including improved social interaction, learning opportunities, and communication skills for students with disabilities. The goal of the IEP team should always be deciding on a placement that is the most appropriate for your child, based on their unique situation, where they will thrive.
Clifton, Y., Pavonetti, L., et al. (2017) claims that coordinated efforts between educators and rehabilitation counselors, in an Individualized Educational Plan (IEP) meeting, should foster collaborative goals for literacy success, integration into the community, and quality employment outcomes.
< My Thoughts > “…foster collaborative goals…”
For the older student, it is important that the college and career paths include the educational subject necessary to prepare him or her for future success. Also, there is mention of ‘rehabilitation’ counselors. These may be involved if the student needs someone to guide or manage their personal, social aspects of their employment or independent living. For instance, they may not be able to live at home if going to a certain college or vocational school. A ‘rehabilitation’ counselors would have the necessary resources to arrange for community living and support nearby.
REFERENCES: Transition Plan
Bateman, B. D. (2025). Legal Requirements for Transition Components of the IEP. Retrieved online from –https://www.wrightslaw.com/info/trans.legal.bateman.htm
Clifton, Y., Pavonetti, L., et al. (2017). Perceptions of Literacy Instruction & Implications for Transition & Employment Outcomes for Students with Autism Spectrum Disorders: A Qualitative Study; Journal of Rehabilitation; V83:1, p41-49.
Lee, A. M. I. (2025). Transition Plan. Retrieved online from –
https://www.understood.org/en/search-results?query=transition%20plan
End of APPENDIX D Transition Plan
CHAPTER 3 – LAWS
APPENDIX D Transition Plan
Transition Plan
According Lee, A. M. I. (2025), to Transition planning is a process to help students with an Individualized Education Program (IEP) decide what they want to do after high school. It also helps them figure out how to get there. The purpose is to help teens prepare to be independent young adults.
< My Thoughts > “…Individualized Educational Plan (IEP)...”
Depending on the Special Education student’s age, and the state law, the student should have a ‘Transition Plan’ written into their IEP (Individualized Education Program) by the age of 16. Some schools begin to develop a Transition Plan in Elementary School. This widely varies from state to state and school district to school district. The Transition Plan is connected to the Individuals with Disabilities Education Act (IDEA) which connects to IDEA’s foundational principle of LRE (Least Restrictive Environment) and FAPE (Free Appropriate Public Education). If your child is not offered these, there is another law in place – Due Process.
IEP transition planning is more than just a hopeful exercise or brainstorming session. During planning, students work on specific goals. They get services and do activities to help achieve these goals.
Once transition goals are set, the IEP team will decide what services a student needs to meet goals. The range of possible services is broad:
- Instruction (including special education)
- Related services
- Community experiences, like volunteer work
- Career and college counseling
- Help with independent daily living skills, if needed
These services must be reviewed and updated each year to support a student’s transition goals. Just like goals, services may change over time to reflect a student’s interests. The IEP team might list accommodations, too.
< My Thoughts > “…updated each year…”
As a part of the IEP team, parents can bring their child’s new interests to the attention of the team. As the special education’s Teacher of Record (TOR), my part was to include the student’s new interests and accomplishments. When beginning the IEP, it was helpful to ‘paint a picture’ of him or her, in words. Part of this was to inform the team of new interests or preferences. And, when the student was excelling in math, art, or video games. Then there was a possibility that these could provide future career paths. The older student might be offered an opportunity to have more advanced, or ‘gifted’ classes in these areas. Also, there may be community occasions to investigate available colleges and careers.
The team can also use IEP goals to support the transition plan. During transition planning, the IEP team may invite people from the community, such as counselors and job specialists, to help.
According to Bateman, B. D. (2025), “Parents should be aware that when it comes to looking at a continuum of placements, the law requires IEP teams to have a preference for LRE (Least Restrictive Environment).”
IEP teams are also obligated by law to find ways for students in placements on the continuum to have some access classrooms and activities with nondisabled peers. Whether a child’s placement will be in the general education classroom with peers without disabilities, is centered on whether the team agrees that the child can be provided FAPE (Free Appropriate Public Education) in the LRE (Least Restrictive Environment).
LRE (Least Restrictive Environment) refers to the educational setting where a student with a disability receives their education, ensuring they are placed with their non-disabled peers as much as possible. FAPE (Free Appropriate Public Education) is a right guaranteed by federal law, meaning students with disabilities receive a public education at no cost to the parents, tailored to their individual needs, and in the LRE. IEP (Individualized Education Program) is a document that outlines the specific educational goals, services, and supports a student with a disability needs to achieve their FAPE in the LRE.
< My Thoughts > “…as much as possible.”
This will vary by each school’s special education program provisions, available teachers, and capabilities of the IEP team members. Also, the child’s age as the team develops the Transition Plan. An IEP is a legal document, with yearly program revisions required. But parents and teachers may request revisions at any time, when they feel that there are necessary changes needed for goals, interests, services, and/or placement. These revisions should be documented and explained, fully.
Transition planning is a process mandated by the Individuals with Disabilities Education Act (IDEA 2004) for all students who have an Individualized Education Program (IEP) in K-12 education. The purpose is to facilitate the student’s move from school to post-school activities.
The transition planning must:
- start before the student turns 16.
- be individualized.
- be based on the student’s strengths, preferences, and interests.
- include opportunities to develop functional skills for work and community life.
Bateman, B. D. (2025) states that a Transition Plan applies to all institutions to which Individuals with Disabilities Education Act (IDEA). And connects to IDEA’s foundational principle of LRE (Least Restrictive Environment). LRE can offer numerous benefits, including improved social interaction, learning opportunities, and communication skills for students with disabilities. The goal of the IEP team should always be deciding on a placement that is the most appropriate for your child, based on their unique situation, where they will thrive.
Clifton, Y., Pavonetti, L., et al. (2017) claims that coordinated efforts between educators and rehabilitation counselors, in an Individualized Educational Plan (IEP) meeting, should foster collaborative goals for literacy success, integration into the community, and quality employment outcomes.
< My Thoughts > “…foster collaborative goals…”
For the older student, it is important that the college and career paths include the educational subject necessary to prepare him or her for future success. Also, there is mention of ‘rehabilitation’ counselors. These may be involved if the student needs someone to guide or manage their personal, social aspects of their employment or independent living. For instance, they may not be able to live at home if going to a certain college or vocational school. A ‘rehabilitation’ counselors would have the necessary resources to arrange for community living and support nearby.
REFERENCES: Transition Plan
Bateman, B. D. (2025). Legal Requirements for Transition Components of the IEP. Retrieved online from –https://www.wrightslaw.com/info/trans.legal.bateman.htm
Clifton, Y., Pavonetti, L., et al. (2017). Perceptions of Literacy Instruction & Implications for Transition & Employment Outcomes for Students with Autism Spectrum Disorders: A Qualitative Study; Journal of Rehabilitation; V83:1, p41-49.
Lee, A. M. I. (2025). Transition Plan. Retrieved online from –
https://www.understood.org/en/search-results?query=transition%20plan
End of APPENDIX D Transition Plan
UNIT 6 Where To Look For Resources?
CHAPTER 4 – FAMILY LAW
APPENDIX E Due Process Hearing
From: Artificial Intelligence Overview Due Process Hearing definition (2024) Retrieved online –
Due process is a legal process that protects the rights of children with disabilities and their families in special education. It can be used to resolve disputes with a school about a child's education, including issues with the implementation of an Individualized Education Program (IEP).
Here are some things to know about due process and IEPs:
- When to request a due process hearing
You can request a due process hearing if you disagree with the IEP, such as if you disagree with the assessment results, placement, or services. You can also request a hearing if the school refuses to change the IEP, or if you disagree about the availability of an appropriate program.
- Due process hearing procedures
The procedures for due process hearings vary by state, and can be "one-tier" or "two-tier". In a one-tier system, the state department of education conducts the hearing, while in a two-tier system, the school district conducts the hearing.
- Resolution meetings
Before a due process hearing, the school district must convene a resolution meeting with you and relevant members of the IEP committee. The purpose of the meeting is to discuss the complaint and resolve the dispute.
< My Thoughts > “…meeting with you…”
Because a ’due process hearing’ is a type of legal proceeding, involving the student's Individual Education Program (IEP), and Individuals with Disabilities Act (IDEA). You may wish to consult a legal representative to explain, advise; or, even accompany you to discussion and/or resolution meetings.
End of AI Overview.
Staff Writer (2025) answers the question "What is an IEP Due Process Hearing?" –
If you cannot reach a decision through mediation, or if you prefer not to mediate you can request a due process hearing. Here, you and the school district present written evidence about the disputed issue and witnesses testify before a hearing officer. If you do not agree with the outcome of the hearing, you can appeal the decision all the way to state or federal court.
Usually, disputed issues revolve around parts of the IEP that that could not be agreed upon. If the school district has violated a legal rule, such as failing to hold an IEP meeting, conduct an evaluation, meet a time limit or implement the IEP, this is addressed through the complaint process, not due process. IEP due process disputes are usually centered around disagreements over the following:
- A child's evaluation
- A child's eligibility (one party thinks a child qualifies for services, while another does not).
- A child's placement (each side disagrees on the child's programs and placement).
- The methodology used to assess a child (many parents want outside evaluations to determine eligibility, but the school must conduct the evaluation).
- Related services like aides and specialists (disagreements with aides, services, specialists and what is deemed necessary by the IEP team).
- Changes to a child's IEP program
- Suspension or expulsion of a child
IDEA requires you to formally file for IEP due process within two years after you know of the dispute. If you do not file within two years, you lose your rights. During the hearing process, your child is entitled to remain in their current placement until you reach an agreement with the school, settle the matter through mediation or get a court decision.
< My Thoughts > "If you do not file within two years, you lose your rights."
During a 'two-year' period, many things can happen to change the 'disputed issues'. For example: new school personnel, new or differing 'student evaluations', updated yearly IEP, and/or changes in 'special education laws'.
End of "What is an IEP Due Process Hearing?".
REFERENCES: UNIT 6 Where to Look for Resources?
Staff Writer (2025). Understanding IEP Due Process; Understanding Special Education. Retrieved online from – https://www.understandingspecialeducation.com/IEP-due-process.html/
End of APPENDIX C Due Process Hearing
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Sara Luker
DISCLAIMER Know Autism – Know Your Child: with < My Thoughts > by Sara Luker
Just to let you know that I, Sara Hayden Luker, have put forth my best efforts in presenting what I have learned about autism, by sharing the stories and studies of those who have gone before us. Any author’s mention of products, services, treatments, and interventions or actions are not to be considered an endorsement, thereof. Know that to some, autism is an ‘unregulated business’. The content of this website material, digital or in any other form does not represent medical advice; nor does it constitute medical suggestions in any way. The material, including any downloadable parts, is for informational and/or educational purposes only. Your download and/or use of any of this material indicates your acceptance of this disclaimer.
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Regards,
Sara Luker
DISCLAIMER Know Autism – Know Your Child: with < My Thoughts > by Sara Luker
Just to let you know that I, Sara Hayden Luker, have put forth my best efforts in presenting what I have learned about autism, by sharing the stories and studies of those who have gone before us. Any author’s mention of products, services, treatments, and interventions or actions are not to be considered an endorsement, thereof. Know that to some, autism is an ‘unregulated business’. The content of this website material, digital or in any other form does not represent medical advice; nor does it constitute medical suggestions in any way. The material, including any downloadable parts, is for informational and/or educational purposes only. Your download and/or use of any of this material indicates your acceptance of this disclaimer.
This is a Personal Use Electronic Download. By downloading, you hereby agree and acknowledge that you are not acquiring any right, title or interest in, or to, the material; nor any associated copyrights, other than the right to possess, hold and use for personal, non-commercial purposes. Furthermore, you agree that you will: (i) not scan, copy, duplicate, distribute or otherwise reproduce the material(s) to resell, (ii) not use the material(s) for any commercial purposes. By purchasing/downloading you agree to these terms unconditionally. No ‘rights’ are given or transferred.
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