California’s AB 438—How It Impacts Transition Planning for IEP Teams

California’s AB 438 (2023–2024) represents a shift in California’s approach to transition planning for students with individualized education programs (IEPs). Signed into law by Governor Newsom on September 28, 2024, the bill amends Education Code §§ 56043, 56341.5, and 56345 to require that, starting July 1, 2025, IEP teams consider and include measurable post‑secondary goals and corresponding transition services as early as a student’s first high school IEP, if deemed appropriate—rather than waiting until age 16 as previously mandated. This change underscores a proactive commitment to preparing students with exceptional needs for successful post‑secondary outcomes—from higher education to employment and independent living.  

• Before and after AB 438, Education Code sections 56345, 56541.5 and 56345.1 adopt the IDEA’s legal mandate related to transition planning—the IEP team must include post-secondary goals and transition services, based upon age-appropriate transition assessments, starting no later than the IEP in effect when the student turns 16, or “younger,” if determined appropriate by the IEP team.  This is still the legal mandate post-AB 438.
• As signed into law, AB 438 amended the California Education Code to ensure IEP teams in California do, in fact, consider whether a student requires transition services “younger” than age 16 – specifically, “beginning when the pupil starts their high school experience.” 
• AB 438 does not require IEP Teams to add transition goals and services for every student when they begin high school. (Nor does AB 438 prohibit an LEA from doing so as a matter of local practice.)
• In fact, AB 438 explicitly clarifies that California’s transition planning requirements remain “pursuant to” the IDEA’s legal standard at 20 U.S.C. §1414(d)(1)(A)(i)(VIII), which requires transitions goals and services be added “not later than the IEP in effect when the child turns age 16.”  
• The choice of whether to add transition planning to IEPs of students “younger” than age 16 remains within the discretion of the IEP team.  
• AB 438 also suggests, if the IEP team determines a student will benefit from postponing the inclusion of postsecondary goals and transition services until age 16, rather than when the pupil begins their high school experience, the IEP team “is encouraged to appropriately justify the basis for that postponement.” (Educ. Code §56043(h).)
• Ultimately, whether AB 438 will be interpreted as requiring earlier ITPs in more circumstances than before, will depend on how the new statutory emphasis is interpreted by OAH and/or courts.  CDE has not issued any guidance or interpretation of AB 438 yet, and our “people on the inside” are not aware of anything forthcoming from CDE, at this time.
• In terms of the content of transition assessments, goals and services — AB 438 did not change any substantive transition goal or service requirements or definitions under IDEA or state law.  So – as before AB 438 – this means the same standards that apply to students approaching age 16, also apply to transition planning for “younger” students, as the IEP team deems appropriate.

AB 438 fundamentally moves the timeline for including postsecondary goals and transition services in IEPs up to when students enter high school—roughly ages 14–15—rather than waiting until age 16. This shift aligns California with best practices in nearly 30 other states, enabling earlier and more intentional planning for students with exceptional needs. District leaders should view this as an opportunity—starting transition conversations at freshman year allows IEP teams to build sustained, multi-year support frameworks that are far more likely to lead to successful postsecondary outcomes in employment, continued education, and independent living.