Under federal special education law, transition planning in an IEP must start no later than age 16. Florida starts years earlier. Section 1003.5716, Florida Statutes, and Rule 6A-6.03028 require IEP teams to begin identifying transition needs in 7th grade or at age 12, whichever comes first, and to write postsecondary and career goals into the IEP by 9th grade or age 14. For autistic students and their families, those early years are a real opportunity: there is time to build self-advocacy, daily living and work skills before high school decisions lock in. This article explains what Florida requires at each age and how to prepare.
When does transition planning start in Florida?
Section 1003.5716(1) says:
To ensure quality planning for a successful transition of a student with a disability to postsecondary education and career opportunities, during the student's seventh grade year or when the student attains the age of 12, whichever occurs first, an IEP team shall begin the process of, and develop an IEP for, identifying the need for transition services before the student with a disability enters high school or attains the age of 14 years, whichever occurs first, in order for his or her postsecondary goals and career goals to be identified. The plan must be operational and in place to begin implementation on the first day of the student's first year in high school.
Rule 6A-6.03028(3)(b)3.a. adds a notice requirement: no later than the first IEP in effect during 7th grade or at age 12, "or younger if determined appropriate by the IEP Team," the meeting notice must say that a purpose of the meeting is identifying transition services needs and that the district will invite the student.
How does Florida compare with federal law?
| Milestone | Florida (s. 1003.5716; Rule 6A-6.03028) | Federal (34 CFR 300.320) |
|---|---|---|
| Begin identifying transition needs | 7th grade or age 12, whichever is first | No separate earlier step |
| Postsecondary goals and transition services in the IEP | First IEP in effect when entering high school or at age 14, whichever is first (or earlier if parent and team decide) | First IEP in effect when the child turns 16, or younger if the team decides |
| Transfer-of-rights information | At least 1 year before age 18, with specific options for keeping parents involved | At least 1 year before the age of majority |
What must happen starting at age 12?
The process that begins in 7th grade or at 12 "must include, but is not limited to" four things (s. 1003.5716(1)(a)-(d)):
- Self-determination and self-advocacy. "Consideration of the student's need for instruction in the area of self-determination and self-advocacy to assist the student's active and effective participation in an IEP meeting."
- Diploma preparation. Preparation to graduate with a standard high school diploma with a Scholar designation, unless the parent chooses an Industry Scholar designation.
- Information and referrals. Information on the district's high school transition services, career and technical education and collegiate programs, plus programs available through Florida's Center for Students with Unique Abilities, the Florida Centers for Independent Living, the Division of Vocational Rehabilitation, the Agency for Persons with Disabilities and the Division of Blind Services. "Referral forms, links, and technical support contacts for these services must be provided to students and parents at IEP meetings."
- Rights at 18. At least 1 year before age 18, information on the rights that transfer and the ways your child can keep you involved (see below).
Your child is part of this. Rule 6A-6.03028(3)(c)8. says the student is on the IEP team "in all cases where a purpose of the meeting will be the identification of the student's transition services needs," and if the student does not attend, the district must take other steps to make sure their preferences and interests are considered. The district must also help parents and the student understand the meeting, which can include an interpreter (Rule 6A-6.03028(3)(b)6.).
What must the IEP include by 9th grade or age 14?
Under s. 1003.5716(2), starting no later than the first IEP in effect when the student enters high school or turns 14, "or when determined appropriate by the parent and the IEP team, whichever occurs first," the IEP must include statements, updated every year, covering:
- the intent to pursue a standard high school diploma and a Scholar or Industry Scholar designation, as determined by the parent, including a discussion of how a student can defer receipt of the diploma;
- the intent to receive a standard diploma before age 22, how the student will meet the requirements, and "the outcomes and additional benefits expected by the parent and the IEP team at the time of the student's graduation"; and
- "appropriate measurable long-term postsecondary education and career goals based upon age-appropriate transition assessments related to training, education, employment, and, if appropriate, independent living skills and the transition services, including preemployment transition services and courses of study needed to assist the student in reaching those goals."
The meeting notice must also say that postsecondary and career goals will be discussed, that the student will be invited, and which outside agencies will be invited (Rule 6A-6.03028(3)(b)3.b.). Agencies are invited only with consent from the parent, or from the student once rights have transferred.
Diploma choices are explained in Florida diploma options for students with disabilities. Florida Vocational Rehabilitation also offers pre-employment transition services to students with disabilities; see VR Pre-ETS in Florida.
Can the school change the goals without me?
No. Section 1003.5716(3) says: "Any change in the IEP for the goals specified in subsection (2) must be approved by the parent and is subject to verification for appropriateness by an independent reviewer selected by the parent as provided in s. 1003.572." Rule 6A-6.03028(3)(k) applies the same parent-approval and independent-review requirement to changes in postsecondary or career goals and to the graduation pathway. Section 1003.572 is the law on private instructional personnel hired by parents, such as behavior analysts, psychologists and speech-language pathologists; see private ABA in public schools.
If an outside agency fails to provide a transition service listed in the IEP, the district must reconvene the IEP team to find other ways to meet those objectives (s. 1003.5716(4)).
What happens one year before 18?
In Florida, the age of majority is 18, and the rule describes IDEA rights that transfer from parent to student at that age. At least one year before, the IEP must include a statement that your child has been told which rights will transfer (Rule 6A-6.03028(3)(h)10.). The school must also give information and instruction on self-determination and on ways your young adult can let you stay involved, including:
- FERPA consent to access school records;
- a power of attorney under chapter 709;
- guardian advocacy under s. 393.12;
- guardianship under chapter 744; and
- supported decision-making agreements under s. 709.2209.
These are legal choices with different effects. Learn more in turning 18 in Florida and supported decision-making vs guardianship, and talk with a Florida attorney before choosing one.
How can I prepare for the first transition IEP?
A simple checklist for the meeting in 7th grade or at age 12:
- Talk with your child beforehand about what they enjoy, what is hard and what they imagine for the future. Use pictures or choices if that helps them communicate.
- Ask what transition assessments the school will use and how your child can take part.
- Ask how self-advocacy will be taught, for example practicing how to ask for a break or explain an accommodation.
- Ask for the referral forms and contacts the statute requires, and note which agencies apply to your child.
- Bring information from people who know your child well, such as a BCBA's data on independence and communication skills. You may invite them under Rule 6A-6.03028(3)(c)7.
Where does ABA fit in transition?
Many transition goals are skills ABA programs can work on in daily life: following a schedule, handling money, community safety, self-care, waiting, and telling others what you need. ABA does not replace the school's transition services, but coordinating the two can help skills carry over between home, school and community. See ABA for teenagers.
Hope Center works with children and teens at home, in our centers, at school and in the community, with plans written by BCBAs and weekly parent training. Our staff can join IEP meetings where the school allows. To talk about your teen, contact us or call 561-337-8865 for a free consultation.