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In educational administration, one of the many roles a principal/vice principal has is to be an advocate for his or her students, especially those using the school’s special education services.  As a future school administrator, it will fall upon my shoulders to make sure the special education staff in place are able to best serve all students that require special services.

The purpose of this legal guide is to provide information to fellow administrators, special education service providers, and families of students who use these services.  More specifically, this legal guide is designed to help prepare and inform all above parties, especially special education students and their families, of services available to them as they transition out of high school and use postsecondary advocate services in college.

The topic of postsecondary educational advocation services is of interest to me because I believe that many special education students and their families are not aware that many of the special education services students received during their time in high school can be used in college.  It is my hope that this legal guide provides these families with the knowledge that many colleges have specialized departments that are devoted to assisting and advocated for students with special needs.

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In an interview with Mrs. Jami Smith, Educational Diagnostician for Perryton Special Education SSA, I asked her to address her role in assisting students and their families with transition services as students moved out of the public education special education system and into their various postsecondary plans.  When asked how members of school administration can better understand special education transition services she said that it is of the utmost importance that school administration get to know the families who are using these services and then attend regular ARD meetings so they, the administrators, know how these students and families are preparing for the future.  She also stated that school administrators play an important role in special education student transition services because they often have access to many local resources and other community connections that might assist a student in finding some sort of postsecondary education or career training opportunities.

Mrs. Smith then discussed several best practices that must be implemented in order for transitional services to be successful, they include:

The formation of strong relationships with special education students and their families so that the best interests of the students are taken into account and they are allowed to explore their interests.

Gaining knowledge of students through learning of family information and family history.  By knowing the background of a family, the transitional services can be specialized to best serve the students as they move into a more independent life outside of the classroom.

An understanding that a student’s transitional plan is fluid and must be able to be altered as a student’s interests change.  Mrs. Smith reiterated the importance of counseling students to make the best decisions for them as they exit public schooling, which can mean that year over year a student’s transition plan is subject to change.

In the final portion of our interview I asked Mrs. Smith what changes were on the horizon in the area of special education transition services and she was quick to point out that all areas of special education, not just transition services, are always changing.  She said an example of this was the passage of HB 4545 which alters the way all education, including special education, handles academic remediation.  In the area of special education, students who do not pass end of course exams required for graduation must still receive accelerated instruction despite the student’s IEP stating that the student does not need to pass an EOC exam to graduate.  These types of learning requirements will change how special education departments must document the services they provide.

Mrs. Smith’s interview was enlightening and I was encouraged knowing the school district I work in has an incredible advocate for our students and families.

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The Navigate Life Texas Project was developed by The Texas Health and Human Services Commission in order to provide information to parents of children with disabilities to assist them in the ares of healthcare, education, insurance, medical diagnoses, and transition into adulthood.  In the area of education, the NLT Project provides families with information about postsecondary education options for children with special needs.  The educational services information provided by the Navigate Life Texas Project include special education services provided by colleges along with other services provided to children as they transition from high school graduation to college or other career trainings services (Navigate Life Texas, n.d.).

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Support for Students With Disabilities as They Head to College

The number of students with disabilities attending college has increased as have support services offered at these institutions.

Colleges must offer Section 504 support providing equal access to educational services.

When students turn 18 years of age they must self advocate for special services provided by colleges or universities.

At the age of 18, FERPA laws prevent parents access to student progress in college unless the student provides consent.

Student self advocacy must start early in the student’s high school education in order to prepare them for communication of needs as they transition to college (Vogel, 2021).

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A New Curriculum Helps Students With Disabilities Transition to Life After High School

Colleges and Universities often offer services to assist students with disabilities, however students must self advocate for such assistance.

Many students age out of special education services by the age of 21 and will lose school support.

Special education services are required to transition planning between the ages of 14-16, but there is no national transition standards to guide schools and families through the process of a student transitioning from high school to college or career.

The National Council on Disabilities shows that 45% of individuals with disabilities do not pursue postsecondary education or trainings (Reagan, 2018).

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Slide 6 - Original Sources of Law:  Constitutional Law

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Slide 6 - Original Sources of Law:  Constitutional Law

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The 14th Amendment of The United States Constitution states that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (U.S. Const. amend. XIV).

The Equal Protection Clause of the 14th amendment provide that any state may not deny to any person within its jurisdiction the equal protection of the laws (Johnson, 2017).

This Equal Protection Clause applies to all public elementary and secondary schools as they are considered to be state actors.

Over time, the 14th amendment has been used to end discriminatory practices such as school segregation based on race and denial of educational services for students with disabilities.

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Slide 7 - Original Sources of Law:  Statutory Law

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Slide 7 - Original Sources of Law:  Statutory Law

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The Texas Administrative Code provides guidance for special education school staff and special education students on protocols that must occur as a student prepares for transition out of the Texas public school system.

According to 19 Tex. Admin. Code § 89.1055:

By the age of 14, the special education admission, review, and dismissal (ARD) committee must address student involvement in the student’s transition to life outside of public education.

By the age of 16, special education services must include measurable post secondary goals in a student’s individualized education program (IEP).

By the age of 18, the ARD committee must include appropriate post-secondary education and career training options in the students IEP (Content of the Individualized Education Program, 2021).

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Slide 8 - Original Sources of Law:  Administrative Law

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Slide 8 - Original Sources of Law:  Administrative Law

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Transition regulations contained within the Individual with Disabilities Education Act provided clarification for services provided to special education students to facilitate a child’s movement from public school to post-school activities (Transition Services, 2004).

34 C.F.R. § 300.43 (2004) states:

transitional services are focused on improving the academic and functional achievements of a child with a disability as they prepare to move from school to post-school activities.

transitional services are based on the needs of the student and must take into account the individual student’s strengths, preferences, and interests.

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Slide 9 - Original Sources of Law:  Judicial Law

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Slide 9 - Original Sources of Law:  Judicial Law

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In the district court case of Gibson v. Forest Hills School District Board of Education, the family of Chloe Gibson filed suit against the Forest Hills School District Board of Education for violation of the Individual with Disabilities Education Act (IDEA) for not providing adequately providing special education transition services when Chloe turned 16 (Gibson v. Forest Hills School District Board of Education, 2014).

According to the Gibson v. Forest Hill Sch. Dist. Brd. of Educ. the court ruled:

The Forest Hills School District violated Chloe Gibson right to a free and appropriate public education (FAPE) because the school did not include transition services with the student’s individualized education program (IEP) when the student turned 16.

The court also ruled that the school violate the student’s rights because she was not allowed to attend the Admission, Review, and Dismissal (ARD) meeting in which transition services were to be discussed.

The court also stated that the school district failed to consider the student’s interests and preferences and therefore denied the student’s right of FAPE.

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Perryton ISD located in Perryton, Texas, is a member of the Perryton Special Education SSA, a shared service agreement facilitating special education services to six school districts, including Perryton ISD, located in the northern Texas panhandle.  The Perryton SSA serves disabled students between the ages of 3-21with a variety of assessments and supports, including transitional special education services starting at the age of 14 as required by the Texas Education Agency (Perryton ISD, n.d.).

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Ethical Code/Standard -
Ethical Conduct Towards Students:
Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation (Code of Ethics and Standard Practices for Texas Educators, 1998).

Educators have the responsibility to give students an opportunity to participate in school activities regardless of student limitation, including students with disabilities.  They therefore are required to present a student’s education and all activities associated with it in the least restrictive environment possible.

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Throughout my time as an educator, I have been amazed at the tireless efforts teachers and administrators give in order to provide students with everything they need to be successful.  This includes the following of many different ethical standards, including the standard of treating ALL students fairly.  Nondiscriminatory practices like this allows all students to have access to a fair and equal education.  My time in education has provided many situations that have allowed me to help all students, especially those students who often do not have advocates.

As a future school administrator, I will be able to serve as an advocate for the entire student body of a school and be able to direct various services in order to provide with the best education possible.

As a future school administrator, I will be able to access services that will that protect students and foster relationships between a school and a community in order to create a dynamic learning environment.

As a future school administrator, I will be able to help curate and work with a diverse faculty group that will be responsible for the care students as they enter the school building on a daily basis.

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Best Practices for Compliance of Transitional Special Education Services

All students who are served under the Individual with Disabilities Education Act (IDEA) are required to have transitional plans with in their Individualized Education Plan (IEP) in order to help them better for life after public education.

The use of transitional services must start early in the student’s educational career as transition planning must begin at the age of 14.  However, assessment of the student’s abilities and interest must begin at an earlier age.

Students and families of students using special education services have the right to attend Admission, Review, and Dismissal (ARD) meetings so that they can present their interests and preferences as it involves their plans for after they exit the public education system.

Transitional special education plans must be modified often so that the student’s best interests are being followed.  The interests of students will change over time and a student’s IEP must change in order to reflect these changes during the transition process.

Transitional special education services must include plans for all post-secondary possibilities.  These plans must include postsecondary education plans such as: college or vocational school and all applicable support provided by these schools; vocational training to gain skills to help students maintain future employment; and life skills training that will help a student as transition to an independent lifestyle.

Relationships must be formed and maintained during a student’s time in public education so future support can be provided to special education students after they transition from public education to their post-school plans.

Following of these best practices will allow students to be more successful during their time in public education and will reduce the legal liability of schools and they meet the requirements of transition planning within special education services.

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Code of Ethics and Standard Practices for Texas Educators, 19 Tex. Admin. Code § 247.2 (1998 & rev. 2018). https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

Content of the Individualized Education Program, 19 Tex. Admin. Code § 89.1055 (2021). https://casetext.com/regulation/texas-administrative-code/title-19-education/part-2-texas-education-agency/chapter-89-adaptations-for-special-populations/subchapter-aa-commissioners-rules-concerning-special-education-services/division-2-clarification-of-provisions-in-federal-regulations-and-state-law/section-891055-content-of-the-individualized-education-program

Gibson v. Forest Hills Sch. Dist. Brd. of Educ., Case No. 1:11-cv-329 (S.D. Ohio Feb. 11, 2014). https://casetext.com/case/gibson-v-forest-hills-sch-dist-bd-of-educ-1/?PHONE_NUMBER_GROUP=P

Johnson, S. F. (2017, April 20).  Constitutional Law:  The 14th Amendment Protects the Rights to a Public Education. Concord Law School, Purdue Global University. https://www.concordlawschool.edu/blog/constitutional-law/14th-amendment-protects-rights-education/

Navigate Life Texas. (n.d.). About Us.   https://www.navigatelifetexas.org/en/about

Navigate Life Texas. (n.d.). College and Alternatives for Students with Disabilities. https://www.navigatelifetexas.org/en/transition-to-adulthood/college-and-alternatives-for-students-with-disabilities

Perryton ISD. (n.d.). Perryton Special Education SSA. https://www.perrytonisd.org/26071_1

Reagan, M. (2018, September 24). A New Curriculum Helps Students With Disabilities Transition to Life After High School. EdSurge. https://www.edsurge.com/news/2018-09-24-a-new-curriculum-helps-students-with-disabilities-transition-to-life-after-high-school

Transition Services, 34 C.F.R. § 300.43 (2004). https://www.law.cornell.edu/cfr/text/34/300.43

U.S. Const. amend. XIV. https://www.law.cornell.edu/constitution/amendmentxiv

Vogel, M. (2021, March 19). Support for Students With Disabilities as They Head to College. George Lucas Educational Foundation. https://www.edutopia.org/article/support-students-disabilities-they-head-college