Current through Register Vol. 35, No. 18, September 24, 2024
A. Transition
planning shall occur with the parent(s) of all children to ensure
a smooth transition from the FIT program to preschool or other
setting.
B.
Notifications to
the public education department and local education agency (LEA):
(1) The FIT program shall provide
notification to the public education department, special education bureau, of
all potentially eligible children statewide who will be turning three years old
in the following 12-month period.
(2) The early intervention provider agency
shall notify the LEA of all potentially eligible children residing in their
district who will turn three years old in the following 12-month period. This
will allow the LEA to conduct effective program planning.
(3) The notification from the early
intervention provider agency to the LEA shall:
(a) include children who are potentially
eligible for preschool special education services under the Individuals with
Disabilities Education Act (IDEA) Part B; potentially eligible children are
those children who are eligible under the developmental delay or established
condition categories;
(b) include
the child's name, date of birth, and contact information for the
parent(s);
(c) be provided at least
quarterly in accordance with the process determined in the local transition
agreement; and
(d) be provided not
fewer than 90 days before the third birthday of each child who is potentially
eligible for IDEA Part B.
C.
Transition plan:
(1) A transition plan shall be developed with
the parent(s) for each eligible child and family that addresses supports and
services after the child leaves the FIT program.
(2) The transition plan shall be included as
part of the child's IFSP and shall be updated, revised and added as
needed.
(3) The following is the
timeline for developing the transition plan:
(a) at the child's initial IFSP meeting the
transition plan shall be initiated and shall include documentation that the
family service coordinator has informed the parent(s) regarding the timelines
for their child's transition;
(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; and
(c) at least 90 days and not more than nine
months before the child's third birthday, the transition plan shall be
finalized at an annual IFSP or transition conference meeting that meets the
attendance requirements of this rule.
(4) The transition plan shall include:
(a) steps, activities and services to promote
a smooth and effective transition for the child and family;
(b) a review of program and service options
available, including Part B preschool special education, head start, New Mexico
school for the deaf, New Mexico school for the blind and visually impaired,
private preschool, child care settings and available options for Native
American tribal communities; or home if no other options are
available;
(c) documentation of
when the child will transition;
(d)
the parent(s) needs for childcare if they are working or in school, in an
effort to avoid the child having to move between preschool settings;
(e) how the child will participate in
inclusive settings with typically developing peers;
(f) evidence that the parent(s) have been
informed of the requirement to send notification to the LEA;
(g) discussions with and training of the
parent(s) regarding future placements and other matters related the child's
transition;
(h) procedures to
prepare the child for changes in service delivery, including steps to help the
child adjust to, and function in a new setting; and
(i) a confirmation that referral information
has been transmitted, including the assessment summary form and most recent
IFSP.
D.
Referral to the LEA and other preschool programs:
(1) A transition referral shall be submitted
by the family service coordinator, with parental consent, to the LEA at least
60 days prior to the transition conference. 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) For children who enter the FIT program
less than 90 days before their third birthday, the family service coordinator
shall submit a referral, with parental consent, as soon as possible to the LEA.
This referral shall serve as the notification for the child. No further
notification to the LEA shall be required for the child.
(3) For children referred to the FIT program
less than 45 days before the child's third birthday, the family service
coordinator shall submit a referral to the LEA, with parent consent, but the
early intervention provider agency will not conduct an evaluation to determine
eligibility in accordance with the referral and intake provisions of this
rule.
E.
Invitation
to the transition conference: The family service coordinator shall
submit an invitation to the transition conference to the LEA and other
preschool programs at least 30 days prior to the transition
conference.
F.
Transition
assessment summary:
(1) The family
service coordinator shall submit a completed transition assessment summary form
to the LEA at least 30 days prior to the transition conference.
(2) Assessment results, including present
levels of development, must be current within six months of the transition
conference.
G.
Transition conference: The transition conference shall:
(1) be held with the approval of the
parent(s);
(2) be held at least 90
days and no more than nine months prior to the child's third
birthday;
(3) meet the IFSP meeting
attendance requirements of this rule;
(4) take place in a setting and at a time
that is convenient to the family;
(5) be conducted in the native language of
the family, or other mode of communication used by the family, unless it is
clearly not feasible to do so;
(6)
with permission of the parent(s), include other early childhood providers
(early head start/head start, child care, private preschools, New Mexico school
for the deaf, New Mexico school for the blind and visually impaired,
etc.);
(7) be facilitated by the
family service coordinator to include:
(a) a
review of the parent(s)'s preschool and other service options for their
child;
(b) a review of, and if
needed, a finalization of the transition plan;
(c) a review of the current IFSP, the
assessment summary; and any other relevant information;
(d) the transmittal of the IFSP, evaluation
and assessments and other pertinent information with parent consent;
(e) an explanation by an LEA representative
of the IDEA Part B procedural safeguards and the eligibility determination
process, including consent for the evaluation;
(f) as appropriate, discussion of
communication considerations (if the child is deaf or hard of hearing) and
Braille determination (if the child has a diagnosis of a visual impairment),
autism considerations, and considerations for children for whom English is not
their primary language.
(g)
discussion of issues including enrollment of the child, transportation, dietary
needs, medication needs, etc.
(h)
documentation of the decisions made on the transition page and signatures on
the transition conference signature page, which shall be included as part of
the IFSP. Copies of the transition conference page and signature page shall be
sent to all participants.
H.
Transition date:
(1) The child shall transition from the FIT
program when the child turns three years old.
(2) For a child determined to be eligible by
the LEA for preschool special education (IDEA Part B):
(a) if the child's third birthday occurs
during the school year, transition shall occur by the first school day after
the child turns three; or
(b) if
the child's third birthday occurs during the summer, the child's IEP team shall
determine the date when services under the IEP (or IFSP-IEP) will
begin.
I.
The individualized education program (IEP):
(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
parent consent, shall provide any new or updated documents to the LEA in order
to develop the IEP.
J.
Follow-up family service coordination: At the request of the
parents, and in accordance with New Mexico early childhood education and care
department policy, family service coordination shall be provided after the
child exits from early intervention services for the purpose of facilitating a
smooth and effective transition.