TRANSITION GUIDE

A TRANSITION GUIDE TO POSTSECONDARY EDUCATION AND EMPLOYMENT FOR STUDENTS AND YOUTH WITH DISABILITIES
Most notably, section 113 of the Rehabilitation Act references “potentially eligible” students with
disabilities with respect to the provision of pre-employment transition services. In this regard, all
students with disabilities, regardless of whether they have applied for or been determined eligible for VR
services are considered “potentially eligible” for purposes of receiving pre-employment transition
services. The term “potentially eligible” is applicable only with respect to the requirements related to
pre-employment transition services. Students with disabilities who need individualized transition
services or other VR services beyond the scope of pre-employment transition services must apply and be
determined eligible for the VR program, and develop an approved IPE with their VR counselor.
Students with disabilities who receive pre-employment transition services before applying for VR
services, and are likely to need other VR services, are encouraged to submit an application as early as
possible in the transition planning process. A VR agency is required to implement an order of selection
for services when it cannot provide the full range of VR services to all eligible individuals with disabilities
who apply for services under the State VR services program. If a State has implemented an order of
selection due to limited fiscal or staff resources, the assignment to a priority category under the order of
selection to be served is based on the date of application for VR services, not the date of referral or
receipt of pre-employment transition services.
In other words, a student’s position on a VR agency’s waitlist for services is dependent upon applying for
VR services. VR agencies that have implemented an order of selection may continue to provide preemployment
transition services to students with disabilities who were receiving these services prior to
the determination of eligibility and assignment to a closed priority category.
Distinctions between New Terms
“Student with a Disability” and “Youth with a Disability”
The Rehabilitation Act, as amended by Title IV of the Workforce Innovation and Opportunity Act (WIOA),
created distinct definitions for the terms “student with a disability” and “youth with a disability.” In
general, a “student with a disability” is an individual with a disability who is enrolled in an education
program; meets certain age requirements; and is eligible for and receiving special education or related
services under IDEA or is an individual with a disability for purposes of Section 504. Educational
programs include: secondary education programs; non-traditional or alternative secondary education
programs, including home schooling; postsecondary education programs; and other recognized
educational programs, such as those offered through the juvenile justice system. Age requirements for a
student with a disability include minimum and maximum age requirements. A student cannot be
younger than the earliest age to receive transition services under IDEA, unless a State elects to provide
pre-employment transition services at an earlier age. A student cannot be older than 21, unless State
law for the State provides for a higher maximum age for the receipt of services under IDEA, then the
student cannot be older than that maximum age. A “youth with a disability” is an individual with a
disability who is between the ages of 14 and 24 years of age. There is no requirement that a “youth with
a disability” be participating in an educational program. The age range for a “youth with a disability” is
broader than that for a “student with a disability” under the Rehabilitation Act.
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