Transition toward Excellence, Achievement and Mobility through Education Act of 2011 or TEAM-Education Act of 2011 - Amends the Individuals with Disabilities Education Act to allow states to use special education grant funds to contract with entities that have the experience to assist disabled children in accomplishing the transition objectives outlined in their Individualized Education Programs (IEPs).
Conditions a state's eligibility for such grant funds on its having a plan to coordinate state efforts to transition disabled youth into adulthood.
Requires local educational agencies (LEAs) to provide a disabled child and his or her parents, when the child's secondary education ends, with a comprehensive record of the child's work experiences and skills that would be relevant to prospective employers, post-secondary education programs, career placement services, and mentors.
Requires IEPs, after a child attains age 14, to describe: (1) the transition services to be provided to assist the child in reaching postsecondary goals, and (2) the training the child will receive to empower the child to act on his or her own behalf. (Currently, IEPs are to address postsecondary goals and transition services when children turn 16.)
Requires an IEP team: (1) to include a representative of the state intellectual and developmental disabilities agency after a disabled child attains age 14, if the child is expected to be eligible to receive certain adult services upon reaching adulthood; (2) to consider the transition services necessary to assist the child to attain postsecondary education, integrated employment, independent living, and community participation; (3) at the request of a 14 year old disabled child, to take certain steps to enable his or her parents to advocate at IEP team meetings on the child's behalf; and (4) after the child attains age 14, to evaluate the progress made in meeting, and discuss any additional services that may be needed to meet, the child's transition objectives.
Authorizes the Secretary of Education to provide grants to states to assist LEAs in establishing transition service coordinators.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 602 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 602
To amend the Individuals with Disabilities Education Act to make
improvements to the individualized education program under that Act and
facilitate the transition of children with disabilities to adulthood,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 10, 2011
Mr. Harper (for himself and Mrs. McMorris Rodgers) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To amend the Individuals with Disabilities Education Act to make
improvements to the individualized education program under that Act and
facilitate the transition of children with disabilities to adulthood,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transition toward Excellence,
Achievement and Mobility through Education Act of 2011'' or ``TEAM-
Education Act of 2011''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Evidence-based research has conclusively documented
that youth with significant disabilities who were educated in
inclusive settings, were exposed to work experience and career
exploration, and participated in a paid work experience while
in school had better postsecondary outcomes and higher rates of
sustainable employment.
(2) Higher rates of self-determination, in which
individuals with significant disabilities and their families
have direct control over the decision-making process in order
to ensure an appropriate individualized transition strategy,
lead to better outcomes.
(3) Regulations and processes allowing for flexibility in
the blending and braiding of government funds to ensure
seamless, collaborative strategies during the transition
process lead to better outcomes for individuals with
significant disabilities.
(4) Agency officials involved directly in the provision of
supports and services during a youth's transition into
adulthood and beyond must be provided additional training to
become properly prepared to adequately address the individual
transition needs of students with significant disabilities.
(b) Purposes.--The purposes of this Act are the following:
(1) Create a holistic system across multiple partners
focused on successful transition of youth with significant
disabilities into adulthood.
(2) Create a systemic focus on achieving high expectations
for all youth, through equality of opportunity, full
participation through self-determination and informed choice,
outcomes related to post-secondary options that lead to
competitive integrated employment and economic self-
sufficiency.
(3) Promote innovative strategies to foster academic,
professional, and social inclusion, and the solidification of
long-term supports and services required to ensure full
integration into the community setting.
(4) Better define and coordinate specific services related
to the effective transition of youth with significant
disabilities.
(5) Eliminate barriers and promote incentives for multiple
stakeholders to collaborate and improve transition
opportunities for youth with significant disabilities.
SEC. 3. DEFINITIONS.
(a) Transition Services.--Section 602(34) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(34)) is amended--
(1) in subparagraph (A), by inserting ``and customized
employment'' after ``supported employment'';
(2) in subparagraph (B), by striking ``and'' at the end;
(3) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
``(D) includes training in self-advocacy and self-
determination activities and the skills needed to
participate in making informed choices to prepare and
empower the child to advocate and negotiate on the
child's own behalf; and
``(E) does not include facility-based employment or
activity settings, such as sheltered workshops, day
habilitation centers, mobile work crews, or enclave
work settings.''.
(b) Other Definitions.--Section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401) is amended by adding at the
end the following new paragraphs:
``(37) Informed choice.--The term `informed choice' means a
choice-making process that includes the following elements:
``(A) The provision of adequate information to the
child and the child's parents about the full range of
options that are to be considered.
``(B) Sufficient resources (personnel as well as
fiscal) to support the choice made by the child and the
child's parents.
``(C) Willingness of any provider of services to
accept the choice and the reasonable risks associated
with the choice.
``(D) Information on the parameters of the choice
and the relevant options being considered in the
language and capabilities of the child in the choice-
making process.
``(E) Acknowledgment by the child and all parties
involved that the use of public-funds should be focused
on choices that foster personal, social, and
professional development in integrated settings and
lead to outcomes of increased economic self-sufficiency
and professional advancement.
``(38) Integrated employment.--The term `integrated
employment' means work compensated at the greater of minimum
wage or competitive wages with related employment benefits,
occurring in a typical work setting where the employee with the
disability interacts or has the opportunity to interact
continuously with non-disabled co-workers, has an opportunity
for advancement and mobility, and is preferably engaged in
full-time employment.
``(39) Self-determination activities.--The term `self-
determination activities' has the meaning given the term in
section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15002).
``(40) State intellectual and developmental disabilities
agency.--The term `State intellectual and developmental
disabilities agency' means the primary State agency or
subdivision with administrative, programmatic, and operational
responsibility for the full range of services and supports
furnished to individuals with intellectual and developmental
disabilities.''.
SEC. 4. STATE-LEVEL ACTIVITIES.
Section 611(e)(2)(C) of the Individuals with Disabilities Education
Act (20 U.S.C. 1411(e)(2)(C)) is amended--
(1) by redesignating clauses (vii) through (xi) as clauses
(viii) through (xii), respectively; and
(2) by inserting after clause (vi) the following new
clause:
``(vii) To enter into contracts with
entities that have expertise in the provision
of transition services specifically related to
assisting children with disabilities in the
accomplishment of the transition objectives
outlined in the child's IEP to the extent such
objectives relate to the provision of school-
based preparatory activities, work-based
learning experiences, career preparation, and
job experiences in an integrated community
setting, other than facility-based employment
and activity settings, such as sheltered
workshops, day habilitation centers, mobile
work crews, and enclave work settings.''.
SEC. 5. STATE ELIGIBILITY.
Section 612(a) of the Individuals with Disabilities Education Act
(20 U.S.C. 1412(a)) is amended by adding at the end the following new
paragraph:
``(26) Plan relating to transition services.--
``(A) In general.--The State has established a plan
to ensure that the State educational agency coordinates
efforts among the various State agencies involved in
the successful transition of youth with disabilities
into adulthood, including the State agencies described
in subparagraph (B), and to align practices and direct
resources toward the effective provision of transition
services to address the needs of children with
disabilities, including involvement and progress in the
general curriculum in the least restrictive
environment, academic and school-based preparatory
experiences, work and career readiness, youth
development and leadership, comprehensive community
connections, and family involvement and engagement.
``(B) State agencies described.--The State agencies
referred to in subparagraph (A) are--
``(i) the State intellectual and
developmental disabilities agency;
``(ii) the State vocational rehabilitation
agency;
``(iii) the agency responsible for the
State medicaid program under title XIX of the
Social Security Act; and
``(iv) the State department of labor or
workforce investment board.''.
SEC. 6. INDIVIDUALIZED EDUCATION PROGRAMS.
(a) Evaluations Before Change in Eligibility.--Section
614(c)(5)(B)(ii) of the Individuals with Disabilities Education Act (20
U.S.C. 1414(c)(5)(B)(ii)) is amended--
(1) by striking ``the child with a summary'' and inserting
``to the child and the child's parents, not later than 7 days
after the child's eligibility terminates, with--
``(I) a summary'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new subclause:
``(II) a comprehensive record of
the child's work experiences, skills,
talents and strengths relevant for
discussions with prospective employers,
post-secondary education programs,
career placement services, and
mentors.''.
(b) Individualized Education Program.--Section 614(d)(1)(A) of the
Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A))
is amended--
(1) in clause (i)--
(A) in subclause (VII), by striking ``and'' at the
end;
(B) in subclause (VIII)--
(i) in the matter preceding item (aa)--
(I) by striking ``16'' and
inserting ``14''; and
(II) by inserting ``at a minimum''
after ``updated''; and
(ii) by striking items (bb) and (cc) and
inserting the following:
``(bb) a strategy to
address the needs of the child
related to academic and school-
based preparatory experiences,
work and career readiness,
youth development and
leadership, comprehensive
community connections, and
family involvement and
engagement; and
``(cc) objectives leading
to postsecondary education,
sustained integrated
employment, economic self-
sufficiency, independent living
and community participation;'';
and
(C) by adding at the end the following:
``(IX) beginning not later than the
date on which the first IEP is to be in
effect when the child attains the age
of 14--
``(aa) a description of the
transition services (including
courses of study and work
experience) that will be
provided to assist the child in
reaching the postsecondary
goals described in subclause
(VIII)(aa); and
``(bb) a description of the
training in self-advocacy,
development of self-
determination activities, and
the skills needed to
participate in making informed
choices to prepare and empower
the child to negotiate and
advocate on the child's own
behalf; and
``(X) beginning not later than 1
year before the child reaches the age
of majority under State law, a
statement that the child and the
child's parents have been informed of
the child's rights under this title, if
any, that will transfer to the child on
reaching the age of majority under
section 615(m).''; and
(2) by adding at the end the following:
``(iii) Additional rule of construction.--
Nothing in clause (i)(VIII) shall be construed
to authorize the use of facility-based
employment or activity settings, such as
sheltered workshops, day habilitation centers,
mobile work crews, or enclave work settings in
a child's IEP.''.
(c) Individualized Education Program Team.--Section 614(d)(1)(B) of
the Individuals with Disabilities Education Act (20 U.S.C.
1414(d)(1)(B)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) redesignating clause (vii) as clause (viii); and
(3) by inserting after clause (vi), as amended by this
subsection, the following:
``(vii) beginning at the age of 14 with
respect to a child with a disability who is
expected to be eligible to receive adult
services under the State medicaid program under
title XIX of the Social Security Act (or any
services provided under a waiver under such
program) or any other adult services provided
by the State intellectual and developmental
disabilities agency upon reaching the age of
majority, a representative of the State
intellectual and developmental disabilities
agency; and''.
(d) Development of IEP.--Section 614(d)(3) of the Individuals with
Disabilities Education Act (20 U.S.C. 1414(d)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(v) the transition services necessary to
assist the child to attain a postsecondary
education, integrated employment, independent
living, and community participation.''; and
(2) by redesignating subparagraphs (B) through (F) as
subparagraphs (C) through (G), respectively;
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Preparation for development of iep for a
child in transition years.--The IEP Team, upon the
request of a child who has attained the age of 14,
shall--
``(i) offer a preliminary meeting and
advocacy training for the child and child's
parents to support the preparation of the
parents in advocating on their child's behalf
during any upcoming IEP team meeting that will
be conducted by a certified trainer with
specific experience in self-advocacy and family
advocacy training; and
``(ii) ensure that all pertinent
information, including school records,
educational materials regarding transition
services available and background information
on any pre-existing partnerships between the
local educational agency and any outside
providers of transition services or post-
secondary education, is sent to the child at
least ten days prior to the IEP team
meeting.''; and
(4) in subparagraph (G) (as redesignated), by striking
``subparagraph (D)'' and inserting ``subparagraph (E)''.
(e) Review and Revision of IEP.--Section 614(d)(4)(A) of the
Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(4)(A))
is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) beginning when the child attains
the age of 14, evaluates the progress made in
achieving the child's transition objectives,
identifying challenges and opportunities and
discussing any additional transition services
that need to be secured to optimize the child's
successful completion of transition objectives
set forth in the child's IEP leading to
postsecondary education, integrated employment,
independent living, and community
participation.''.
SEC. 7. GRANTS FOR ESTABLISHMENT OF LOCAL COORDINATORS FOR TRANSITION
SERVICES.
Section 614 of the Individuals with Disabilities Education Act (20
U.S.C. 1414) is amended by adding at the end the following:
``(g) Grants for Establishment of Local Coordinators for Transition
Services.--
``(1) In general.--The Secretary is authorized to provide
grants to State educational agencies to provide authorization,
funding, and support to local educational agencies to establish
coordinators to provide transition services to children with
disabilities under this part.
``(2) Activities of coordinators.--Coordinators established
under paragraph (1) shall--
``(A) manage the development and implementation of
the transition services components of an IEP for
children with disabilities under this part; and
``(B) facilitate relationships between children
with disabilities and parents of children with
disabilities and public and private agencies involved
in transition services for children with disabilities
under this part.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$50,000,000 for each of the fiscal years 2012 through 2016.''.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act take effect on the date of the
enactment of this Act and apply with respect to fiscal years beginning
on or after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
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