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Early Childhood �Special Education �Transition Series Session 2

Timelines and Obligations

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Timelines and Obligations

Special Education is not a stand-alone program. Our children are general education students first and foremost. We work in conjunction with general education staff, curriculum, standards…..
Timelines and LEA responsibility
Federal coincides with state
Activities to support families' transition
Transition Assessment Summary Form and the data LEAs should expect
Personnel Qualifications for personnel delivering special education services

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Child Find

It is not an event…..

Year round: continuous and must plan for summer birthdays

Transition Part C to Part B is a comprehensive piece of child find

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Transition �Part C to Part B

A MOU is required and should outline the early childhood transition process in detail for both Part C and Part B to ensure that children and their families have a smooth transition process, and that FAPE will be provided to children entering the Part B program. The MOU should address specific procedures at the local level in order to promote a smooth and effective transition for the children and their families. The MOU should be reviewed, and revised as necessary, at least annually. Developing an MOU is a process of ongoing meeting and dialogue between partners to gain an understanding of the requirements each partner is obligated to meet, the internal procedures each agency follows to meet those requirements, and the agreement each partner makes to support efforts to have a smooth and effective transition experience for each child and family. The MOU Work Sheet (see Appendix K) is a tool available to support teams to develop a community MOU that will meet the unique needs of their team and partners. We just received new guidance on developing MOUs. Deborah may have sent that out. I will be attending professional learning on the guidance memo in December.

MOUs must be signed by stakeholders only. Stakeholders include LEAs (ensure all LEAs are included), Part C providers, and agencies providing services (to include Regional Education Cooperatives (RECs), NMSBVI and the NMSD. Parent advocacy groups and other partners are encouraged, but are not required to sign the MOU.

The LEAs submitting their annual IDEA Part B funding applications will be required to adhere to the following: 1. LEAs must meet assurances annually. 2. LEAs must submit any revisions to their MOU with their annual IDEA B funding applications. 3. MOUs will continue to be tied to LEA funding. 4. Changes to the MOU will require an addendum signed by the LEA, Part C providers and any other agency providing services. 5. LEAs must submit the four-year revision of their MOU as part of their IDEA Part B funding application.

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Review: Basic Timeline

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IEP on or before 3rdbirthday

Initial Evaluation: 60 days of Parent Consent

LEA be prepared TC: REED, Informed Parent Consent, Permission to Obtain third party records, Parent Right

Invitation to TC no less than 30 days w/all documents to LEA

Transition Conference

At least 90 days prior to 3^rd birthday No more than 9 months

Notification: Data on potentially eligible children sent to LEA. Local level data shared

See late referral information in the guidance document.

PED and ECECD MOU

Data from FIT shared with SED to check timeline reported dates for compliance purposes

Notifications: Some districts notify on a monthly basis and the providers work closely teaming to support each other in timeliness. Building those relationships are critical.

The purpose of notification:

• Meet the requirements of Child Find, which is a required part of IDEA for both Part C and Part B Programs.

• Support efforts for LEAs to have eligibility determined and an IEP developed and implemented for eligible children by the child’s third birthday

• Allow the LEA to plan for the future and estimate the number of classes needed, potential staffing, and instructional needs

• Allow both LEA and local FIT provider to plan for upcoming transition conferences throughout the year

Remember the law allows up to 9 months prior to 3^rd birthday. The summer planning is a great time to ensure all evaluations are done and you do not get yourself into corrective action for missed deadlines.

We know well that last minute and a family or school crisis can crop up and the timeline is missed.

Please call your FIT community agency if you are not getting things in a timely manner. Work as a team and even have more frequent meetings to support one another.

Refer to the MOU the transition teams have developed for the agency agreements and if needed during your transition team meetings, update the MOU with new agreements if solutions are needed.

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Transition Timeline Flow Chart Final OSEP approved 2012�

Part C to Part B Early Childhood Transition

Indicators: C-8A, 8B, 8C, B-11 and B-12

For Part C Children Determined Eligible

at least 90 Days Prior to Their 3rd Birthday

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This document reinforces the timeline that LEAs should be prepared at the transition conference to have the parent sign informed consent for evaluation. It is not a practice throughout the state, but it should be to be compliant with our timelines.

If you are not getting the information from Part c in a timely manner to ensure you are meeting your timelines, please address these at the Transition Meetings. This is the time revisit the MOU and discuss what has been agreed upon. The MOU should outline each agency’s responsibility. We have a Transition Steering Committee that meets quarterly, we have transition coaches' meetings to support our teams, and we have a process to notify and smooth out the process when it is not working. Do not be afraid to let the transition coach know of the concerns and celebrations that are occurring in your area. If this step does not work, we have transition lead meetings. The last step in to contact the directors of both agencies.

Right now, FIT is experiencing a 45% turnover rate. LEAs are also experiencing large staff turnovers as well. This alone can interrupt the intent of seamless transition timelines. If we know what is needed, we can train.

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The purpose of this guidance document is to provide clarifying information on steps in the transition process that relate to initial evaluation and eligibility determination practices for the transition of young children and their families from Individuals with Disabilities Education Act (IDEA) Part C Early Intervention into IDEA Part B special education preschool services. This guidance is meant to assist the New Mexico Family Infant Toddler (FIT) Program and New Mexico Local Educational Agencies (LEAs) to facilitate smooth and effective transitions for eligible families and children. New Mexico will measure the success of transition for children and their families through the IDEA performance measures as outlined in the State Performance Plans (SPP) for the Public Education Department, Special Education Bureau (PED-SEB) and FIT agencies. It should be noted that transition planning occurs with parent(s) of ALL children to ensure a smooth transition from the FIT program to preschool or other settings. FIT family service coordinators must follow the same transition requirements and timelines for children transitioning to other early care and learning settings, including Head Start

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What is the responsibility of LEA staff during early transition planning process?

LEA staff are not required to participate in the meetings between FIT providers and the family members preceding the transition conference.
LEAs are encouraged to routinely communicate with FIT providers about public school programs, activities, and resources.
LEAs should coordinate with FIT providers to allow parents to learn more about services available through school districts and support parent and family involvement in the transition planning process.
LEA staff are encouraged to be responsive to requests by FIT providers and families for information and opportunities to meet with school personnel, visit school programs and tour facilities.

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Resources for communicating with FIT and families

Prior to the Transition Conference:

Family Preschool Handbook
NM PreK Program Standards
NM Early Learning Guidelines
Visits to the schools' preschool facilities

7.30.8.13 (C) Transition Plan.
(b) by the time child is 24 months old, the transition plan will be updated to include documentation that the family service coordinator has informed the parent(s) of the early childhood transition options for their child and any plans to visit those settings;

Observing the program in action

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�FIT Transition Assessment Summary Form to LEAs

At least 30 days prior to the transition conference

UPDATED (IDA) Infant-Toddler Developmental Assessment

At least 30% delay
IFSP
Most recent ECO
Any current assessment information
Present levels of development in al areas
Evaluation reports
ECEP report if available (may be considered 3^rd party now) require parent consent to obtain
Other information
IDA, HELP, AEPS, Oregon (for children with Visual Impairments)

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See the Initial Comprehensive Evaluation for Part B section in the Transition Guidance Document

To support the use of Part C information in determining Part B eligibility, the FIT Transition Assessment Summary Form (Appendix C) will be completed by the child’s FIT team.

The FIT team is encouraged to update the Infant-Toddler Developmental Assessment (IDA) information, including scores from the IDA and using Table 5 to determine if the child has at least a 30% delay.

It is important that ALL attachments to the form include the child’s current IFSP, most recent ECO, and any current pertinent assessment information, including present levels of development in all areas/evaluation reports, ECEP report (if applicable), and other information that may support a Part B eligibility determination.

Once the form is completed and attachments are gathered, parental consent will be obtained, and all will be sent to the LEA at least 30 days prior to the transition conference.

Only information that originates with the FIT Program shall be sent.

Assessment information is defined by FIT as current if it is within 6 months of the transition conference. Information should be as current to the date of completion of the Transition Assessment Summary Form as possible and can include information from the IDA, domain specific tools, and/or ongoing assessment tools, whichever is most current.

FIT assessment tools may include: - The IDA - The HELP - The AEPS - The Oregon (for children with Visual Impairments)

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LEAs ability to utilize Part C information�Important: note the six months difference

Part C: Assessment information is defined by FIT as current if it is within 6 months of the transition conference.
Part B: LEAs can utilize assessment information from FIT for the evaluation only if they are conducted no more than six months prior to the date of the meeting of the Part B Eligibility Determination Team (EDT) meeting.

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NMAC 6.31.2.11 (A) (3)

To ensure effective transitioning from IDEA Part C programs to IDEA Part B programs,

each public agency must conduct a full and individual initial comprehensive evaluation, at no cost to the parent, and in compliance with requirements of 34 CFR Secs. 300.300, 300.301, 300.302, 300.304 and 300.305, and other department rules and standards, before the initial provision of Part B special education and related services to a child with a disability.
(a) The initial comprehensive evaluation process shall be conducted in all areas of suspected disability.

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Be prepared at the conference to obtain third party information: Permission to obtain medical information consent form and any other evaluations.

Evaluation teams are required to follow the NM TEAM to guide their efforts. The NM TEAM includes specifics on what comprises an initial comprehensive evaluation in each of the eligibility categories as well as Initial Evaluation Eligibility Worksheets that are provided to assist LEAs as they work through the initial evaluation eligibility process.

As a part of the initial comprehensive evaluation, a group of qualified professionals must review existing evaluation data on the child including:

 Any evaluations, assessments, and information provided by the parents and

 Information provided by FIT, including the Transition Assessment Summary Form and accompanying documentation that will include information gathered through the use of assessment tools, parent interviews, and observational information.

The LEA must review existing evaluation data, completed within six months of the consent for evaluation, as part of the initial evaluation.. The LEA is required to draw information from a variety of sources such as parent input and teacher recommendations as well as information about the child’s physical condition, social or cultural background, and adaptive behavior.

This may include existing IDEA Part C assessment data conducted within six months. Part C programs have substantial, pertinent information, both qualitative and quantitative, if it has been collected within six months of consent for Part B evaluation.

However, IDEA Part C data cannot be the sole source for determining eligibility for IDEA Part B services. No single measure or assessment can be the sole criterion for determining whether a child is a child with a disability or for determining an appropriate educational program for the child. Information provided by the parents of the child and observations by service providers are other sources of information that may support a determination that the child is a child with a disability and the educational needs of the child. NM TEAM page 29 and 30.

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Remember the 6 months for FIT differs for the LEA

The LEA must review the current (within 6 months of the transition conference) Transition Referral Form, Assessment Summary Form and ALL other information provided by the FIT program before attending the meeting. It is highly recommended the LEA complete the Review of Existing Evaluation Data (REED) form provided in the New Mexico Technical Evaluation Assessment Manual (NM TEAM) 2017.

Take the REED to the transition conference
Add to the REED at the transition conference if unknown information surfaces
Be prepared to have parent sign consent to evaluate
Be prepared with consent to obtain 3^rd party information needed for the evaluation
Be prepared to explain your program and informed written consent

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As part of the Part B evaluation procedures, the team must use a variety of assessment tools and strategies to gather functional and developmental information about the child, including information from the parents and information related to enabling the child to be involved, and progress, in age appropriate activities. Other factors to consider are health, vision, hearing, social emotional development, academic readiness, cognitive, communication, adaptive behavior and physical development. The LEA may consider the assessments that the FIT Providers have provided, including the information provided on the Transition Assessment Summary Form and attachments. Specific evaluations considered necessary for determining eligibility but not available from the FIT Provider are the responsibility of the LEA to complete, including hearing and vision.

Observations from LEA evaluation team members are part of the initial evaluation. How is the information you have received show how the disability will impact a child’s education and his or her ability to access the general education curriculum?

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Can LEAs use assessments and evaluation information from the FIT Program in determining a child’s eligibility for Part B services?

Yes. It is the responsibility of the LEA to conduct an initial evaluation in order to determine eligibility for Part B services.
The LEA must review existing evaluation data, completed within six months of the consent for evaluation, as part of the initial evaluation.
The LEA is required to draw information from a variety of sources such as parent input and teacher recommendations as well as information about the child’s physical condition, social or cultural background, and adaptive behavior.

Question 17

Page 25 and 26

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§ 300.8 Child with a disability.

(a) General -
(1) Child with a disability means a child evaluated in accordance with §§ 300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.
(2)

(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under §§ 300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part.
(ii) If, consistent with § 300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.
(b) Children aged three through nine experiencing developmental delays. Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five), may, subject to the conditions described in § 300.111(b), include a child -
(1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and
(2) Who, by reason thereof, needs special education and related services.

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Refer to pages 31 and 43 of the TEAM for special considerations for young children.

(3) Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction -

(i) To address the unique needs of the child that result from the child's disability; and

(ii) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

The eligibility category of Developmental Delay (DD) can only be used by LEA personnel for children who do not qualify for special education under any other disability category following the initial comprehensive evaluation. Being classified as DD will not, in itself, qualify a child for special education; it must be documented that being developmentally delayed adversely affects educational performance. To be eligible for special education and related services under this category, a child must have a documented disability and require specially designed instruction. As a result of the disability, there must be an adverse effect on the child’s educational performance to the degree that the child requires special education and related services.

22) Can a child be determined to have a developmental delay if the only area of need is in the physical development, which may be delays in fine and/or gross motor? Discussion Yes. A child must be eligible as having developmental delay that adversely affects educational performance and as a result of that disability requires special education and related services. If the child does not require special education services, and only requires a related service by an occupational therapist or physical therapist, then the child is not considered to have a disability, and, thus, is not eligible to receive special education services.

Special education services for a child with a developmental delay in the area of physical development may include instruction in the development of age-appropriate skills such as being able to navigate the educational environment and completing everyday tasks, such as getting dressed, completing puzzles, and grasping objects, including writing and using utensils.

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Resources

Community Based Transition Teams

Transition-Team-Coaches-10_2022.pdf

Transition Steering Committee Members

CURRENT-membership-steeringcommittee-1.doc

Parent Choice�Brochure: Transition Options Part C to Part B

CtoB_IncformationalBrohure-FINAL.pdf

Parent Choice Brochure Insert: Transition Options Part C to Part B

CtoB_Options-INSERT.docx

Transition Team Tool Kit

transition-team-tool-kit-2020.pdf

Transition Team Tip Sheet

EarlyChildhoodTransitionTeamTipSheetWJ.pdf

Transition Planning Tip Sheet

EarlyChildhoodTransitionPlanningTipSheetwj1.pdf

Transition MOU Tip Sheet

earlychildhoodtransitionmoutipsheetwj.pdf

Transition Conference Tip Sheet

EarlyChildhoodTransitionConferenceTipSheetwj.pdf

Timeline of Steps for Early Childhood Transition

timeline-of-steps-for-ec-transition.pdf

Frequently Used Acronyms

FrequentlyUsedAcronyms.pdf

FAQs Steering Committee Parent Representative

faqs-parent-rep-nm-transition-steering-committee.pdf

Transition Initiative Org Chart

transitionalInitiativeOrgChartwj.pdf

Transition Partnership Tip Sheet

partnershipTipwj.pdf

Explanation of Transition Teams

explanationofearlychildhoodtransitionstermstipsheet5wj.pdf

UNM CDD: Autism Briefs

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EDT and IEP

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Eligibility is determined after the initial evaluation procedures are complete, including the careful review of existing evaluation and assessment information, observations, and input from the parents. (Appendix G) A team of qualified professionals, including the parents, determines whether the child meets the New Mexico Part B eligibility requirements. The LEA may choose to use the state-recommended Eligibility Determination Worksheet in the NM TEAM. The LEA must, at no cost to the parent, provide a copy of the evaluation report and the documentation of the child’s eligibility at the meeting. With parent consent, documentation of the eligibility determination for Part B will also be sent to the referring FIT provider. LEAs will document parent consent in prior written notice.

The eligibility category of Developmental Delay (DD) can only be used by LEA personnel for children who do not qualify for special education under any other disability category following the initial comprehensive evaluation.

Being classified as DD will not, in itself, qualify a child for special education; it must be documented that being developmentally delayed adversely affects educational performance.

To be eligible for special education and related services under this category, a child must have a documented disability and require specially designed instruction. As a result of the disability, there must be an adverse effect on the child’s educational performance to the degree that the child requires special education and related services.

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Personnel Qualifications under Part B of IDEA

Memo: United States Department of Education/OSERS

October 4, 2022
This memo is intended to clarify States’ obligations regarding the IDEA Part B requirements related to personnel qualifications and alternate certifications.

qualifications must ensure that each person employed as a public-school special education teacher in the State who teaches in an elementary school, middle school, or secondary school: (1) has obtained full State certification as a special education teacher (including certification obtained through an alternate route to certification as a special educator, or
(2) passed the State special education teacher licensing examination and holds a license to teach in the State as a special education teacher, except in the case of a teacher teaching in a public charter school.
public school special education teachers may not have special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and must hold at least a bachelor’s degree.
the SEA may not waive the special education or related services personnel certification or licensure requirements on an emergency, temporary, or provisional basis.

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What’s next?

Preschool to Kindergarten Transitions
What questions do you still have?

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https://ectacenter.org/topics/transition/transition.asp

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Questions/Discussions

Contact:

Catherine Quick

Early Childhood Special Education (619) Program Coordinator

Catherine.Quick@ped.nm.gov

CELL: (505) 470-9013

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