SENATE BILL REPORT

SB 5679

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 5, 2015

Title: An act relating to transition services for special education students.

Brief Description: Concerning transition services for special education students.

Sponsors: Senators McAuliffe, Litzow, Dammeier, Hasegawa, Liias, Chase, Rolfes, Jayapal, Parlette and Conway.

Brief History:

Committee Activity: Early Learning & K-12 Education: 2/05/15.

SENATE COMMITTEE ON EARLY LEARNING & K-12 EDUCATION

Staff: Susan Mielke (786-7422)

Background: Under federal and state law, school districts must provide an appropriate education for students with a disability. An appropriate education is specially designed instruction and related services to address the unique needs, abilities, and limitations of the student with a disability.

The Office of Superintendent of Public Instruction (OSPI) collects data on students receiving special education which must be submitted annually to the U.S. Department of Education. In November 2014 OSPI reported there were 9173 students age 14 and 9240 students age 15 receiving special education in Washington.

An Individualized Education Program (IEP) guides a student's learning while in a special education program. It describes the amount of time the student will spend receiving special education, any related services the student will receive, and the academic/behavioral goals and expectations for the year. The IEP is developed and revised annually by an IEP team, which includes the student's parent or guardian, one of the student's general education teachers, one special education teacher, a representative of the school district, someone who can interpret assessment results, and others who may have special knowledge or expertise. Under federal law, transition services must be included in the IEP beginning at age 16, or earlier if appropriate. The transition services must be designed to facilitate the student's movement from school to post-school activities including postsecondary education, vocational education, integrated or supported employment, adult services, and independent living, as appropriate.

Current state law requires OSPI to establish interagency agreements with the Department of Social and Health Services, the Department of Services for the Blind, and any other state agency that provides high school transition services for special education students in order to foster collaboration among the multiple agencies providing transition services.

Summary of Bill: Transition services must be addressed in a transition plan in the IEP of a student with disabilities who is age 16 or as early as age 14, if appropriate. Transition planning must be based on age-appropriate transition assessments that outline the students needs, strengths, preferences, and interests. Transition services include activities to assist the student reach postsecondary goals and courses of study to support the goals. The activities may include instruction, related services, community experience, employment and other adult living objectives, daily living skills, and functional vocational evaluation. As a student gets older, changes in the transition plan may be noted at the annual update of the student's IEP.

To determine the postsecondary goals of the student a discussion should take place with the student, the student's parents, and others, as needed. The goals must be measurable and based on transition assessments, when necessary. The goals must also be based on the student's needs, strengths, preferences, and interests.

The Workforce Training and Education Coordinating Board is added to the list of state agencies that OSPI must establish an interagency agreement with for providing transition services.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: The agencies that are coordinating transition services through interagency agreements should include the Workforce Board.

The federal government allows transition planning before age 16, if it is age appropriate. Research shows us that high expectations for these students is very important. This bill strengthens the process for transitions for students with disabilities. The earlier you start and identify the after-school goals for students with disabilities, the better we can provide the services they will need to achieve these goals.

One critical thing is missing from this bill is teacher training, which would cost about $50,000.

OTHER: We support the bill but have some concerns. High expectations and quality transition planning is important. But moving the transition planning to an earlier age will not necessarily improve the outcome for students with disabilities. We are concerned that earlier planning will track students with disabilities into lower expectations planning.

Persons Testifying: PRO: Senator McAuliffe, prime sponsor; Marcie Taylor, Community Employment Alliance; Teesha Kirschbaum, WA State Rehabilitation Council; Emilio Vela, Jr., WA State Independent Living Council.

OTHER: Sarah Butcher, Bellevue Special Needs Parent Teacher Assn..