In 2025, the Virginia General Assembly enacted HB1805, directing the State Council of Higher Education for Virginia (SCHEV) to examine the quality and consistency of transition Individualized Education Programs (IEPs) for students with disabilities, with the goal of improving standardization and ensuring the timely provision of transition services and accommodations in higher education. This charge builds on the foundation established by HB509/SB21 (2024), which emphasized the acceptance of recent IEPs as sufficient proof of disability but underscored the need for stronger support to families and clearer distinctions between secondary and postsecondary processes.

Background

Transition planning is governed by two distinct federal frameworks: the Individuals with Disabilities Education Act (IDEA), which emphasizes specially designed instruction and preparation for life beyond high school, and the Americans with Disabilities Act (ADA), which mandates reasonable accommodations in higher education without fundamentally altering academic programs. Transition IEPs, developed annually beginning at age 14, are intended to bridge these systems by equipping students with work-based readiness, self-determination, academic, and independent living and adult living skills. However, gaps in documentation, preparation and communication often create barriers that delay or prevent students from accessing accommodations in college including ones that may come at a financial cost to the student and family. IEPs do not always contain the current and substantial functional limitation information (defined as restrictions to daily activities that an individual struggles to perform based upon a diagnosed disability) needed to make the determinations of appropriate accommodations that do not fundamentally alter a course of study. This information may include evaluation data displaying limitations to a person’s cognitive, communication, mobility, self-care, and vision and hearing limitations. When institutions of higher education use the IEP lacking this information, they may still be able to accept it as proof of a disability, but rely on the student’s self-advocacy skills to relay personal information on how their disability impacts them. Sometimes, the student is not equipped with these skills to make an appropriate determination, and an institution will have to seek additional documentation.

General Findings

The workgroup convened under HB1805, comprised of K–12 educators, higher education disability services staff and state agency partners, identified several emergent themes:

• Overarching Finding: While IEPs are often accepted as proof of disability, they rarely contain the current, substantial functional limitation information necessary for higher education institutions to determine reasonable accommodations. This gap forces students and families to provide additional documentation, causing delays and the potential to incur additional expenses to obtain such documentation.

• Key Findings:

o Many challenges mirror those identified in the 2024 SCHEV report, including institutional inconsistencies and family misunderstandings about the differences between IDEA and ADA.

o Students with intellectual and developmental disabilities face significant access barriers, including limited academic program availability and financial aid eligibility.

o Families often believe IEPs or 504 Plans automatically transfer to college, creating confusion and delaying accommodation requests.

o Students frequently lack self-advocacy and self-awareness skills, leaving them unprepared for intake interviews and self-disclosure in higher education.

o Collaboration between K–12 and higher education staff happens informally and inconsistently since no formal statewide mechanism currently exists to create channels for better communication and collaboration across the sectors.

Recommendations

The committee’s recommendations focus on aligning secondary and postsecondary processes, improving documentation and strengthening collaboration. Key actions include:

1. Standardize Documentation

o Incorporate functional limitation information into IEPs.

o Finalize and adopt a statewide “My Summary of Performance" (see Appendix C) document as a relevant and comprehensive tool for students to present to institutions of higher education.

o Update and disseminate “Virginia’s College Guide for Students with Disabilities" as a technical assistance resource for families and educators.

2. Strengthen Student Preparation

o Integrate self-advocacy, self-determination and independent living skills into transition planning.

o Provide case managers and transition staff with training on ADA requirements, higher education processes, and how these differ from IDEA, so they can better support students in developing self-advocacy, self-determination, and independent living skills.

3. Expand Postsecondary Opportunities

o Consider best practices, identify ways and means to expand Inclusive Postsecondary Education Programs (IPSEs) across Virginia, reduce financial barriers and increase Comprehensive Transition Postsecondary Education Program (CTP) designations.

4. Improve Collaboration and Support

o Establish formal partnerships among SCHEV, VDOE, secondary educators and disability services professionals through a new SCHEV agency position dedicated to the work outlined in this report with support from SCHEV’s Disabilities Higher Education Access Committee.

o Encourage greater participation of higher education disability staff in secondary transition activities.

o Create digital repositories for students to securely manage and share documentation.

The HB1805 workgroup confirms that inconsistencies in relevant IEP content, limited student preparation and unclear processes between secondary and postsecondary education impede students’ timely access to accommodations in higher education. This, in turn, impacts access, affordability and success for students with disabilities who are already the population in Virginia with the lowest college-going rate. By enhancing documentation, expanding inclusive programming, strengthening collaboration, and equipping students and families with knowledge and tools, Virginia can significantly improve the transition experience for students with disabilities.