Transcript of “Rights Here, Rights Now –

Episode 22: All About Transition Services from School to Adulthood!”

Produced by the disAbility Law Center of Virginia.                                                            

[INTRO]: The information provided on this podcast does not, and is not intended to, constitute legal advice. Instead, all information, content and materials available are for general informational purposes only.

[VIRGINIA] Welcome to Rights Here, Rights Now, the podcast about disability, advocacy, and activism. I’m your advocate host, Virginia Pharis.

[REN]: And I'm your Advocate host, Ren Faszewski.

[VIRGINIA]: Every two weeks we dig into to relevant issues, current events, and avenues for self-advocacy.

[REN]: Because someone has to!

[VIRGINIA]: And it might as well be us!

[REN]: This podcast is produced and edited by the disAbility Law Center of Virginia, the Commonwealth’s protection and advocacy agency for disability rights. Find out more at: www.dlcv.org.

[VIRGINIA]: Well, Ren.

[REN]: Yes…

[VIRGINIA]: We have one of our most requested episodes coming out today.

[REN]: That’s exciting!

[VIRGINIA]: Yes, it is hot off the press; it is here. We have one of our Senior Advocates, Ms. Julie Triplett, here to talk about transition services.

[REN]: That is quite the hot topic. We definitely get a lot of calls (yes!) about those transitions.

[VIRGINIA]: Yes, we’re talking about transitions specifically- when somebody with a disability like… (pause) goes from being legally a child, to being legally an adult. Which is- Oh boy there’s a lot of stuff that goes on with that.

[REN]: But before we jump in, let’s check out disability in the news.

On August 31, 2020 the US Department of Education office of special education and rehabilitative services sent a letter to special education and vocational rehabilitation administrators across the nation. The letter stated that while COVID may be altering how things are done, the expectations for transition services remained in effect. “Recognizing that COVID-19 has resulted in students accessing educational services differently than in the past, whether it be virtually, in-person or a hybrid approach, the importance of the provision of transition and pre-employment transition services has not changed,” wrote Mark Schultz, commissioner of the Rehabilitative Service Administration.

During the pandemic, states, school districts, schools and vocational rehabilitation agencies are encouraged to “use the flexibility afforded under the (Individuals with Disabilities Education Act) and the Rehabilitation Act to engage in innovative strategies, involving students and youth with disabilities and their families in the transition and pre-employment transition processes as early as possible,” Schultz and VanderPloeg indicated. In addition to the letter the Education Department also recently released an updated 60 page transition guide that’s meant to help students with disabilities and their families understand the years long process and the options available to them as they begin the transition.

[VIRGINIA]: Thank you so much, Julie, for coming on the podcast to talk to us about transition services. We’re so excited to have you.

[Enter, the fabulous Julie Triplett. J ]

[JULIE]: Well, I am very excited to be here! This is so exciting and fun and I know we’ve been doing the podcast for a while & this is my first time…so, this is going to be new for me. And, I’m very happy to be joining you.

[VIRGINIA]: Well, and this is a hot button topic, this is one that we’ve gotten some requests for. So, first and foremost- the big question: What are transition services??

[JULIE]: That’s ABSOLUTELY the first and foremost question that we have to answer! Transition Services can mean many different thing to many different people. --Depending upon- what state it’s applied for in. However, for the purpose of this podcast, and for the purpose of what we’re discussing today, transition services are services that students with disabilities need as they prepare for life after High School (HS). If you think about it, all students, with disability or not, have to think about their lives after High School. And what’s going to happen. Because when graduation hits, and you walk across that stage, you get that diploma, there is no more from the school. The school has done their part. Therefore, because the school has now done their part, before the school leaves you, you need to have certain services and agencies in place, so that, as you prepare for life after HS, when you get to life after high school, the services will be in place. Transition services are basically services that you need to prepare for life, as an adult, with a disability.

[REN]: And I imagine that that can look like a bunch of different things. Like, I mean, that could look like, education, or work, or something like that?

[JULIE]: Correct. That can look like a lot of things. It can look like you said, Ren, it can look like education, post-secondary education, it can look like working…So, while you’re in high school you should be getting services that prepare you for that part of high school (and life) so that you can get ready to go to work. Some things that could happen while you’re in high school could be, transition wise: putting a section in your IEP—putting a section in there for your transition planning. So that your IEP team, while you’re in school, can start really working with you, on developing those goals, for what your life is going to look like after high school (HS).

Some of those goals might be that your IEP team would help you with career assessments. You know, and they could help you do some career interest inventory. So you could look at things that might be of interest to you. Another thing that they might help you to get is paid work experiences- through- while you’re in high school (HS). (Or) Volunteer opportunities- things like that. If you’re interested in college they would perhaps assist you with taking/getting the accommodations you need to take the needed tests. Like the SAT or the ACT. So transition services are very individualized. It’s not a one size fits all kind of service. Depends upon the person as to what they want.

[REN]: You actually kind of “pinged” on some of my next thoughts. I know that a lot of these students have certain accommodations while they’re in a high school setting. Are they able to continue those when they enter college?

[JULIE]: That is an excellent question, Ren. Because a lot of people really think that because they have an IEP in HS, and they had certain accommodations on that, that the accommodations will carry you through college. Well… you can request accommodations in college, but the IEP (your IEP) no longer holds up-- for when you are in school. Secondary school. It is not for post-secondary education. When you get to college, you’ll need to work with the office of Disability Support Services. Disability Support Services. Most every campus has that kind of office…even if it’s a small college, and they are (tiny) in that office- they still have that office! They’re required to have that. Big schools like VCU, JMU, UVA, W&M, they have large offices that serve students with disabilities, but smaller schools are not going to have huge offices. But you will want to get connected to the Disability Support Services that serves your college.

That is also a transition service that your high school can start helping you with as well, to get connected to those disability services in college while you’re still in high school. Things that the DSS can help you do would be things like help you get the documentation you need of your disability, so that you can request that your professors accommodate you. Things like: maybe you need extra time to take a test. So you would send a letter with the documentation to the professor and ask for extra time to take the test. Due to your disability. Like I said, you would send a letter from you & documentation from your medical provider or a therapist or something from a clinician, stating why you need accommodations.

[VIRGINIA]: Sort of at the other side of that, now that we’ve looked at transition services from a college perspective, you know, what if the person isn’t ready to go to college or get a job? Do transition services still apply to that?

[JULIE]: Absolutely! Like I said in the beginning, transition services are there to help prepare for life after high school. And that’s for those who are in that…14 to 24 age range. Transition services should start as early as [ages] 8 to 14. They should definitely be in place and they should be looking at who’s going to do what, [which agency will do what] by the time the individual is 16. [Wow.] So what it looks like if you’re not—because like I said, all students are eligible for transition services. Students with disabilities are eligible for some type of transition services. And if they’re not ready, for college or for work, that’s perfectly okay. You know, it’s more common now than ever before, for people to take what they call that gap year.

And kinda look for opportunities & ways that they can figure out what they want to do. So…it’s okay that you may not be ready for college, or work, right away. That’s one reason that while you are in high school, you should be taking, like, career inventories, doing some job shadowing, doing things like that so you can kind of get ready for what that looks like! J For you—after high school. And if you’re ultimate goal is to go to work, eventually, then you should go ahead and contact Department of Aging and Rehabilitative Services (DARS- of course!) Or, the Dept. for the Blind and Vision Impaired (DBVI of course). If your disability is not vi//blindness, you would contact DARS. If your disability IS VI//blindness, then you would contact DBVI. They are the agencies – the vocational rehabilitation agencies – that assist individuals with disabilities, whose disability is a barrier to them someday getting a job, so that they can help them to become employment ready, & help them find a job when the time is right.

[REN]: I know that something a lot of students have access to in their education is assistive technology. Do these transition services assist these students moving on into the next phase of their lives continuing to have access to assistive technology?

[JULIE]: Yes! Part of transition services can include A.T. Like a lot of students use iPads for assistive technology, certain apps on their iPads. Or voice-over on their iPad, something like that. So you can definitely use the iPad or other A.T. devices while you are doing transition services. I worked with a lady recently with a lady who was using A.T. to take a test & so we worked with her to get that A.T. included. Again, she had to do the same kind of thing that you have to do in college- she had to get documentation of her disability & write a request so that the A.T. could be used. A.T. is VERY IMPORTANT in planning for life after HS. Because we’ve all seen, in recent months, how much more technology dependent we are. So, needing the A.T. we use for people with disabilities- That is very much crucial to planning for transition planning for the ADULTS with disabilities A.T. for adults is what has to happen.

[Brief Pause.]

[VIRGINIA]: So a big part of turning 18 which is you know, right smack dab in the middle of transition range-a big part of that is becoming your own legal decision maker, which is something that, you know, kind of happens automatically, & we’ve kinda talked about it on the podcast, but what can folks do that have reached that age range where they are their own decision makers & they maybe need a little extra help. Is that part of transitioning?

[JULIE]: It absolutely can be. And it should be- it totally should be. What’s going to happen is, when you have your 18^th birthday, you are—in the eyes of the law --- in the eyes of the school—in agencies, basically in the eyes of the world!! You are considered an adult. Which is scary for any of us! Disability or not. I know when I was 18 I was not ready to make adult type decisions- probably none of us were. So we needed a little help, um-

[VIRGINIA]: I’m 30 and I’m not ready to make many of my own decisions! (HA! J )

[JULIE]: Correct, correct! I won’t tell you how old I am (LOL) but it’s older than 30. But you’re right-we all need a little help making decisions. And that’s okay. It’s called Supported Decision Making. And when you’re still in school, and you are a person w/a disability and you have agencies that you work with that assist you to get services you need, so that you can be as independent as you can be in your community, um, you are DEFINITELY considered an adult. And they will want you to make decisions for yourself. In the eyes of (an)other adult.

So what can happen is often times something that a lot of parents struggle with is that parents think that because their child is still their child, that they can make their decisions. Because they have a disability. Well again, that’s not true, because in the eyes of the world, the law, etc. the student is 18- disability or not. So they’re the decision maker. In order to get them help with making decisions, for your voice to be heard, as a parent of a student with a disability, trying to help them make decisions, it’s the student that’ll make the primary decision- because they’re the one that needs the services.

But if the student does want your (the parent’s) help, then you should get what’s called an educational power of attorney, if they need help making decisions regarding schooling. Or, you should get some type of medical power of attorney. Because I gotta tell ya- Doctors’ Offices won’t to talk to parents unless there’s some type of power of attorney, or their name is on the HIPPA Form. Because the individual is now 18 and they’re considered an adult. It’s very important that you get information. And we have wonderful information on our DLCV website about drafting a power of attorney. You don’t need a lawyer to do that- you can get it. You can draft it yourself. We have language on our website of how that can be done. Your best bet is to get that notarized.

That just makes it look clean and nice, but again, you don’t have to get guardianship or anything like that. As a matter of fact, you want your student to make as many decisions for themselves as they can, but – sometimes- like we said, some people need a little help. So getting that power of attorney (as a parent) saying you are still involved can be very important. And we have more information about Power of Attorney and all these topics – in our manual, I have a Choice; I have a Voice. Which can be found on our website. That manual is geared towards students with disabilities, and their families, and the professionals who work with them. J And that manual’s on our website, or you can contact our office and we’ll send you the print version.

[REN]: I think one of the sort of big things that everyone always thinks about is- You’re about to turn 18, you are about to move on into the next phase of your life…And suddenly you kind of come into this idea of your SS services (Social Security) & how all that will be. Does turning 18 really affect SS services that a person already has? Or, can they reapply? Does it transfer over? How does that work?

[JULIE]: That’s a great question! And yes…to all that. The answer is that when someone turns 18, if they have been receiving Disability Benefits, when they turn eighteen, the DB goes away & they have to apply again as an adult. In order that there’s not too much lapse (???) in your coverage and you still get things like Medicaid, which is the big thing that people get concerned about because they don’t want to lose their Medicaid, So, in order for that not to happen, it’s a good idea to start looking at that information, about turning 18 and your Social Security when you’re 16 and 17, because, like I said, parents should start looking at that for their kid. When they’re a child—they may- they would qualify for- receiving Disability based on parent records and the parents’ income.

And I don’t wanna go too far down that rabbit hole, because that’s a ‘whole ‘nother podcast for y’all! As a child, your disability is based on your parents’ income, & what you’re receiving. And you having a document of disability. When becoming an adult, and trying to get DB’s, it becomes about YOUR work record, & your income. See you have to apply again- for 18 & over the rules are different than they are for children. Again, parents should start looking at that as early as ages 16//17. Because it will come- parents, students, advocates don’t really think about that reality- they could lose Medicaid- and other services. And we don’t want that! And AGAIN, there’s lots of information about SS in our manual.

[VIRGINIA]: Yeah, I would say that, along with Special Ed services, SS at every juncture of life is something that we get the most calls about! So we will definitely be having Elizabeth back on sometime soon to talk about what happens to SS, what do I need to do, what are all of the details? I’m not even thinking of the right questions.

[JULIE]: Right, right.

[VIRGINIA]: But, okay so you already mentioned those other resources, the beautiful manual on our Website etc. Did you want to make sure—are there any other resources that dLCV has regarding transition services?

[JULIE]: Yes. The manual, like you and I said, is a great resource and it even has a list of resources in there. That are on there. But I just want to highlight again, when school is through working with you, they’re no longer involved. You need to be connecting yourself to agencies that WILL BE working with you as an adult. Like, Center for Independent Living, Community Service Boards, & ALSO DARS AND DVBI (yet again.) Those are the people you want to talk to after HS as it relates to post-secondary education, work, or next steps….

Those two agencies I can’t stress enough how important it is that they are at the table when planning your transition services from HS. DARS & DVBI will start working with you and SHOULD start working with you while you are in. school. So that they can know you, get to know you, and your situation, and so when they’re ready to take over fully, everything’s in place and there’s no gap, and services can be attained.

[VIRGINIA]: Well, Julie, thank you so much, once more, for coming on and telling us all about transition services. We really appreciate your time and we hope to have you back again soon to talk about an equally important and unusually complicated topic.

[REN]: Yeah, thanks Julie.

[JULIE]: You’re welcome, glad to do it!

[REN]: And now, a dLCV Highlight.

After attending a presentation about dLCV’s representative payee program, Tom’s case manager contacted dLCV with some serious concerns about Tom’s representative payee. Tom’s payee hadn’t been paying his bills on time and Tom was forced to pay late fees and was under considerable stress. Tom’s payee wasn’t even sending him his monthly personal needs allowance. Neither Tom nor his case manager were able to get in touch with the payee for three weeks to resolve these issues. Clearly, Tom needed a new payee. dLCV was able to help Tom understand his rights in requesting a new payee and how to do so. With Tom’s help, dLCV nominated his payee for a representative payee review where we will evaluate their services. Tom was not only able to help himself, but to help others who might be experiencing similar issues with this payee. Both Tom and his case manager were pleased with dLCV’s services and will recommend dLCV to others in the future.

[Reenter, Virginia Pharis]

[REN]: I want to thank Julie, again, for being on our podcast. Her topic was incredibly requested- her presence was very requested! J So, she is just a star! (Truly.)

[VIRGINIA]: Yeah. We realize this is such a big topic. And we hopefully will have Julie back on a lot more to talk about… all of the little specifics & all that we just didn’t get to today b/c it’s just such a big topic. But in the meantime, thank you all for listening to this episode of Rights Here! Rights Now, brought to you by the disAbility Law Center of Virginia. We are available on Apple Podcasts, Spotify, or wherever you get your podcasts. Don’t forget to subscribe & leave us a review.

[REN]: If you need more information about dLCV and what we do, you visit us online at www.dLCV.org.

[VIRGINIA]: You can also follow us on social media- we have a Twitter: @disabilitylawva & we also have a Facebook at disAbility Law Center of Virginia. Share this with all your friends –

[REN]: Yep.

[VIRGINIA]: Retweet us! (RF Yes!)

[REN]: Until next time, I’m Ren Faszewski.

[VIRGINIA]: And I’m Virginia Pharis. And this has been Rights Here-

[REN]: Rights Now!

[Music.]

[End of Transcriptions]