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Making an Eligibility Determination Decision�Question 1:

Determine the Presence of a Disability The worksheet section, "Determine the presence of a disability," addresses the first question, "Is the child a child with a disability as defined by IDEA and NMAC?"
This question must be answered by determining whether specific eligibility criteria have been met. EDTs must refer to the specific sections of the NM TEAM for specific criteria regarding each individual disability category.
The EDT must carefully consider the data that they have collected in order to respond with a "Yes" or "No" answer to each question.
In general, if the EDT answers "Yes" to a question, they should move forward to the next question. On the other hand, in most cases, once they answer “No” to any question, it is an indication that the child does not meet criteria for that disability.

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Eligibility: Question 2

Overview The second question that EDTs need to discuss, and answer is: “Does the child demonstrate a need for specially designed instruction as a result of the disability?”
On the worksheet, this step is outlined as “Determine need for specially designed instruction.” Because step two specifically addresses the relationship between the child’s disability and educational performance, these questions are only addressed if the EDT has answered “yes” to question, or step, one.

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Specially Designed Instruction

(20) “Special education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education.
(a) As authorized by 34 CFR Secs. 300.8(a)(2)(ii) and 300.39(a)(2)(i), “special education” in New Mexico may include speech-language pathology services.

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Specialized Instruction (continued)

(b) Speech-language pathology services shall meet the following standards to be considered special education:

(i) the service is provided to a child who has received appropriate tier I universal screening under Subsection D of 6.29.1.9 NMAC as it may be amended from time to time, before being properly evaluated under 34 CFR Secs. 300.301 through300.306 and Subsection D of 6.31.2.10 NMAC;
(ii) the IEP team that makes the eligibility determination finds that the child has a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child's educational performance; 6.31.2 NMAC 4
(iii) the speech language pathology service consists of specially designed instruction that is provided to enable the child to have access to the general curriculum and meet the educational standards of the public agency that apply to all children; and
(iv) the service is provided at no cost to the parents under a properly developed IEP that meets the requirements of Subsection B of 6.31.2.11 NMAC.

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Reminder: Continuum

intended to ensure that a child with a disability is served in a setting where the child can be educated successfully in the LRE” (71 Fed. Reg. 46587).
reinforces the importance of the individualized inquiry in determining what placement is the LRE for each child with a disability (Id.).
As such, the requirement for a continuum of alternative placements supports the fact that determining LRE must be done on an individualized basis, considering “each child’s unique educational needs and circumstances, rather than by the child’s category of disability, and be based on the child’s IEP” (71 Fed. Reg. 46586).

However: Placement is not an “either/or” decision, where children are either placed in a regular education classroom or they’re not.
The intent is for services to follow, or go with, the child, not for the child to follow services. Schools must make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

Having a continuum of placements available “is intended to ensure that a child with a disability is served in a setting where the child can be educated successfully in the LRE” (71 Fed. Reg. 46587). It also reinforces the importance of the individualized inquiry in determining what placement is the LRE for each child with a disability (Id.). As such, the requirement for a continuum of alternative placements supports the fact that determining LRE must be done on an individualized basis, considering “each child’s unique educational needs and circumstances, rather than by the child’s category of disability, and be based on the child’s IEP” (71 Fed. Reg. 46586).

The public agency responsible for providing a free appropriate public education (FAPE) to a preschool child with a disability must make available the full continuum of alternative placements, including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions, to meet the needs of all preschool children with disabilities for special education and related services. 34 CFR §300.115.

I am finding that there are districts that do not have 3Y classrooms, there are IEPs that have 15 or 30 minutes a month of special education services and have multiple weekly minutes of a related service. Special Education/Specialized instruction comes from a special education teacher, or a special education teacher supervised educational assistant. This is your frontline service in special education and related services is added when additional support is needed.

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Options

An LEA may provide special education and related services to a preschool child with a disability in a variety of settings, including a regular kindergarten class, public or private preschool program, community-based childcare facility, or in the child’s home.
If there is an LEA public preschool program available, the LEA may choose to make FAPE available to a preschool child with a disability in the LEA’s public preschool program.
While the number of public pre-kindergarten programs has increased, many LEAs do not offer, or offer only a limited range of, public preschool programs, particularly for three-year-olds.
In the rural areas, if no other program exists, there needs to be a program created.

Taken from: Preschool Special Education: Current Trends

An LEA may provide special education and related services to a preschool child with a disability in a variety of settings, including a regular kindergarten class, public or private preschool program, community-based childcare facility, or in the child’s home.

If there is an LEA public preschool program available, the LEA may choose to make FAPE available to a preschool child with a disability in the LEA’s public preschool program. While the number of public pre-kindergarten programs has increased, many LEAs do not offer, or offer only a limited range of, public preschool programs, particularly for three-year-olds.

In these situations, the LEA must explore alternative methods to ensure that the LRE requirements are met for each preschool child with a disability. These methods may include:

providing opportunities for the participation of preschool children with disabilities in preschool programs operated by public agencies other than LEAs (such as Head Start or community-based childcare);

(2) enrolling preschool children with disabilities in private preschool programs for nondisabled preschool children;

(3) locating classes for preschool children with disabilities in regular public elementary schools; or

(4) providing home-based services. If a public agency determines that placement in a private preschool program is necessary for a child to receive FAPE, the public agency must make that program available at no cost to the parent.

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Can a preschooler with a disability receive his/her special education and related services in a childcare, Head Start or preschool program he/she is currently attending?

YES!

What if you do not have the full continuum?

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In these situations, the LEA must explore alternative methods

providing opportunities for the participation of preschool children with disabilities in preschool programs operated by public agencies other than LEAs (such as Head Start or community-based childcare);

(2) enrolling preschool children with disabilities in private preschool programs for nondisabled preschool children;

(3) locating classes for preschool children with disabilities in regular public elementary schools; or

(4) providing home-based services.

If a public agency determines that placement in a private preschool program is necessary for a child to receive FAPE, the public agency must make that program available at no cost to the parent.

In these situations, the LEA must explore alternative methods to ensure that the LRE requirements are met for each preschool child with a disability. These methods may include:

(1) providing opportunities for the participation of preschool children with disabilities in preschool programs operated by public agencies other than LEAs (such as Head Start or community-based childcare);

(2) enrolling preschool children with disabilities in private preschool programs for nondisabled preschool children;

(3) locating classes for preschool children with disabilities in regular public elementary schools; or

How will you be able to provide that specialized instruction in the LRE deemed appropriate for each child.

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Required or not?

No, If appropriate services in the LRE can be made available in a program offered by the agency/district

Must have the continuum in the district for this to apply

If the parent disagrees, the parent can use the dispute resolution procedures under Part B regulations

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Transition Handoff

Relationships are the key to a system that works well!

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Transitions: All EC agencies refer

Doctor’s offices

Head Start

Child Care

CYFD

Home Visiting

Parent

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Review Part C Basic Timeline

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IEP on or before 3rdbirthday

No exceptions

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

PED and ECECD MOU

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

LEAs may not determine eligibility at any transition conference. The transition conference is updating the IFSP, fully informing transition options, and parent consent if the family is ready to sign. Please see page 20 of the guidance document.

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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Late Referrals�C to B

Less than 90 days
Less than 45 days

State-Established timeframe states: on or before the 3^rd birthday

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Less than 90 days

Prioritize and get completed

Document the non-compliance reason code and provide documentation of steps taken to ensure you did all you could to meet the timeline

Preschool Special Education: Current Trends

2/22/23

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Less than 45 days

LEA can accept the IFSP and add the academic goals required.

APR Indicator B11 (Timely evaluation): If Part C refers to Part B, Part B contacts parent.

Law allows the acceptance of an IFSP and add Part B functional and academic goals

continue the comprehensive evaluation and Part B eligibility process

document the non-compliance reason code and provide documentation of steps taken to ensure you did all you could to meet the timeline

Taken from: Preschool Special Education: Current Trends

2/22/23

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Added guidance and regulation per stakeholder request

2/24/23

Development of IFSP, IEP or IFSP-IEP.

(i) The IFSP, IEP, or IFSP-IEP will be developed by a team constituted in compliance with 34 CFR Sec. 300.321 that includes the parents. For children transitioning from Part C programs to Part B programs, the team must also include one or more early intervention providers who are knowledgeable about the child. “Early intervention providers” are defined as Part C service coordinators or other representatives of the Part C system.

NMAC Part C 7.30.8.13 I (1)

The family service coordinator and other early intervention personnel shall participate in a meeting to develop the IEP (or IFSP-IEP) with parent approval. (2) the family service coordinator, with parental consent, shall provide any new or updated documents to the LEA in order to develop the IEP.

NMAC Part B 6.31.2.11 A (5) (g)

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Federal Guidance

34 CFR §300.101 (b) Free Appropriate Public Education (FAPE) for children beginning at age 3.

(i) The obligation to make FAPE available to each eligible child residing in the State begins no later than the child’s third birthday; and(ii) An IEP or an IFSP is in effect for the child by that date, in accordance with 300.323 (b).
(2) If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP or IFSP will begin.

2/24/23

Added guidance and regulation per stakeholder request

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Transition Part C to Part B Guidance Manual�Refer to pages 34-36

When IEPs must be in effect.
General. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in § 300.320.b) IEP or IFSP for children aged three through five.
(1) In the case of a child with a disability aged three through five (or, at the discretion of the SEA, a two year-old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is— (i) Consistent with State policy; and
(ii) Agreed to by the agency and the child’s parents

Preschool-Current Trends

2/24/23

Added guidance and regulation per stakeholder request

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Using the IFSP

For transition from Part C to Part B
It’s an exception to the rule.
Can be used with parent permission
When there is a late referral 45 days or less
If there is a medical emergency that necessitates immediate responses
A placeholder to provide services while the evaluation is taking place!
Does not stop the 60-day evaluation

Must prioritize the evaluation and eligibility
Informed parental consent signed immediately

Added guidance and regulation per stakeholder request

9/3/20XX

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STARS data

Reason Codes

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Indicator 11: Child Find (% of children evaluated w/in 60-day timeline)

ALL children MUST be entered into STARS for purpose of Indicator 11 even if they do not qualify whether transition or child find

Late Referral more than 45 less than 90 OR Child Find
The districts information system requires a child to be enrolled is not an excuse to not enter this child for federal and state reporting. Districts can meet with their student information input system to develop a way to report without enrolling.
For now, if the district must enroll and disenroll if the student does not qualify, then that is your process until a fix is developed by your SIS.

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STARS: EVENT TYPE CODE

18 = Part C to B – Date referral received from Part C
20 = Part C to B- 90-day transition conference date
21 = Part C to B- Eligibility Determination- YES
22 = Part C to B- Initial Placement IEP or when IEP was developed
23 = Part C to B- IEP Implementation (when student started receiving special education services under Part B)
24 = Part C to B- Eligibility Determination – NO
30 = Part B – Parental Consent Initial Evaluation Only

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STARS Non-Compliance Reason Codes

2 = School District missed timeline(s)
7 = Student Died WD
14 = Withdrawal from Part C by Parent prior to child’s third birthday.
15 = Parent refused to provide consent for evaluation or initial services.
17 = Parent fails or refuses to produce the child for evaluation (at least three documented attempts)
18 = Part C referred child less than 90 days before the child’s 3rd birthday
20 = Student moved out of the school district’s educational jurisdiction
21 = Student graduated before IEP corrected.
22 = Student dropped out of school before IEP corrected.

Special Education Events Template

Reason Code 2 is cut and dry. The LEA did not get the evaluation and IEP done on or before the 3^rd birthday.

Reason Code 14: is just that. It is not for when the parent decides not to sign parent consent or invite the LEA to the conference. (FORM)

Reason Code 15: If the parent refuses to sign parent consent at the TC, the LEA is NOT off the hook. It simply means, the parent is not ready, does not have enough information to make an informed decision, has a few options to think about. The LEA MUST still follow up. If the parent has clearly made the choice not to continue to evaluation and you have documented attempts of such, and it is after the conference, then you may use this reason code.

Reason code 17 is exactly what it says. You have scheduled meetings and parent did not bring the child on multiple occasions. Try to have parent sign a refusal.

Reason code 18: This is for late referrals when child entered part C a less than 90 days before the third birthday AND when the EI missed the timeline.

20 is clear.

Reason code

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Are you clear yet?

Some reasons are not a fault of either agency, but if all systems are in place a child should not be missed or it will be rare
Cross-referencing Part C and Part B reason codes
*Corrective Action Plan will still occur for most (pg. 79)

Document interactions and attempts
Ensure documented sound practices
Meet with other agency(ies) to develop increased sound practices to end missed deadlines.

Prior to transition conference

Family nights with EI provider to present your program
Reassure parents what special education means Use presentations, videos, visuals, brochures, handbooks, Q and A time, visits
IF out of state: can you virtually conference to finish the transition process, or the eval, EDT/IEP?

Investing for tomorrow, delivering today.

Reassure parents what special education means: still a general education student, specialized instruction in addition to general education to ensure access. Helping child process information, helping children learn to read, etc.

Why go through with the evaluation (support decision making) etc, what are the 13 categories, continuum, goal of special education, how often do you revisit their child’s plan, is my child labeled, how does part b interact with the child, how are they identified

Page 79 of STARS manual: FAQ:

�*1. Which Non-Compliance Reason Codes makes an LEA that missed the required timeline compliant?

None. The State is required to report the reason(s) an LEA missed the required timelines to the Office of Special Education Programs (OSEP) through the State Performance Plan (SPP)/ Annual Performance Report (APR). These codes are the reasons an LEA did not meet the timeline but in no way make the LEA compliant, free the LEA from meeting the required timelines or improve the LEA score(s).

�

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Transition Guidance

4) How is a child referred from FIT to the LEA?

State Transition Referral Form sent to the LEA at least 60 days prior to conference
Upon receipt of the referral form, the LEA staff is required to record the date of the written referral into the Student Teacher Accountability Reporting System (STARS) database, for children referred from Part C to Part B, regardless of eligibility.
Part B SPP compliance Indicators 11 (60-day timeline) and
Indicator 12 (Part C to Part B transition)

Late Referrals

Fewer than 45 days before 3^rd BD

No intake or evaluation to determine FIT eligibility
FIT informs family of preschool options
FIT will assist with referral to LEA

Reason code:

Child referred to FIT between 45 and 90 days of third birthday

“90-day timeline for this meeting cannot be met due to child not being enrolled in the FIT Program at that time”
No transition conference can be scheduled
FIT evals, IFSP, potentially eligible, referral sent to LEA prior to eligibility
Document reason code??

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1. The family service coordinator, with parental permission, will complete and submit the State Transition Referral Form to the LEA. The transition referral shall include, at a minimum, the child’s name, the child’s date of birth, the child’s address of residence, and the contact information for the parent(s), including name(s), address(es), and phone number(s).

2. Upon receipt of the referral form, the LEA staff is required to record the date of the written referral into the Student Teacher Accountability Reporting System (STARS) database, for children referred from Part C to Part B, regardless of eligibility.

3. The data reported will be used to calculate the percentages for Part B SPP compliance Indicators 11 (60 day timeline) and Indicator 12 (Part C to Part B transition). Data for Indicator 11 must be submitted into STARS each reporting period date.

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Summary

No waitlists

Special Education Teacher or SLP provides specialized Instruction

Related services enhance special education

Late referrals from Part C take priority. Meet to revise the MOU if the current system is not working.

All children are reported

PWN is provided if you evaluate and if you do not

LEA is not off the hook, meet more often, revise MOU, cross train, prioritize collaboratively…

The IEP is the culminating end of one of the many transitions a child will have and beginning of a new environment!!! Prior preparation is critical!

Late Referrals and the Transition Handoff: IEP Development

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Note:

NOTE: A parent is not required to request a district to identify and evaluate their child because child find is an affirmative obligation that holds the district responsible.

Parent may still request an evaluation, however, if you know a child is struggling whether a parent request evaluation or not, LEA are still liable to identify.

Child find applies to all children suspected of having disabilities under the IDEA. The IDEA's "child find" mandate requires that districts seek out students in their jurisdiction who are potentially IDEA-eligible and refer those students for an evaluation.

Investing for tomorrow, delivering today.

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Questions or Comments

Sbicca Brodeur

Sbicca.Brodeur2@ped.nm.gov

(505) 490-2490

Catherine Quick

Catherine.Quick@ped.nm.gov

(505) 470-9013

Late Referrals and the Transition Handoff: IEP Development

3/1/23