1.This Act may be cited as the
Transition toward Excellence,
Achievement and Mobility through Education Act of 2011
or
TEAM–Education Act of
2011
.
2.
(a)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)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.
3.
(a)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)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)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)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
activitiesThe 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 agencyThe
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.
.
4.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.
.
5.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)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)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.
.
6.Individualized
Education Programs
(a)Evaluations
before change in eligibilitySection 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 ProgramSection
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 constructionNothing
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 TeamSection 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)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 yearsThe
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 IEPSection
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.
.
7.Grants for
establishment of local coordinators for transition servicesSection 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)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
coordinatorsCoordinators 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
appropriationsThere are authorized to be appropriated to carry
out this subsection $50,000,000 for each of the fiscal years 2012 through
2016.
.
8.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.