Youth Rights in Postsecondary Transition: Gibson v. Forest Hills (2016)

Abstract

A transition-aged youth with an individualized education program has the right to free, appropriate public education that includes postsecondary transition planning and services. The documented transition supports need to meet both procedural and substantive requirements. While many court cases have included transition components, few have been decided at the appellate court level. In Gibson v. Forest Hills (2016), Chloe Gibson, a transition-aged youth with intellectual and developmental disabilities, was provided inadequate postsecondary transition planning and services. According to the U.S. Court of Appeals for the Sixth Circuit, Chole’s right to a free, appropriate public education was violated due to procedural errors related to inviting her to individualized education program (IEP) meetings, conducting age-appropriate transition assessments, and including programming leading to supported competitive employment in a community setting. This decision supports the federal requirements of including a transition-aged student’s strengths, interests, preferences, and needs when planning their life after high school.