Md. Code Regs. 13A.13.01.09

Current through Register Vol. 51, No. 18, September 6, 2024

Section 13A.13.01.09 - Transition

A. Notification to the Local School System.

(1) The Maryland Infants and Toddlers Program shall inform a local school system of potentially eligible children, 2 years old or older, who reside in the jurisdiction served by the local school system.

(2) The notification shall be provided electronically on the secure server, within a given timeframe determined by the Maryland Infants and Toddlers Program.

(3) A local lead agency is not required to conduct an evaluation, assessment, or an initial IFSP team meeting for the toddler referred to a local lead agency less than 45 days before the toddler's third birthday.

(4) A local lead agency shall refer the toddler to the local school system for the jurisdiction in which the toddler resides, with parental consent as required under § 303.414, if a toddler is referred to a local lead agency less than 45 days before the toddler's third birthday.

B. Transition Procedures.

(1) A local lead agency shall ensure steps and services are identified to support a toddler's smooth transition, consistent with 34 CFR §§ 303.209 and 303.344(h) to:

(a) Preschool special education;

(b) The Extended IFSP Option; or

(c) Other appropriate services.

(2) The local lead agency shall:

(a) Develop transition outcomes on a child's IFSP at the IFSP meeting closest to the child's second birthday; and

(b) Convene an IFSP team meeting for transition planning, consistent with requirements in 34 CFR §§ 303.342(d) and (e) and 303.343(a), with the approval of the parents of the toddler, not less than 90 days, and at the discretion of all parties, not more than 9 months before the toddler's third birthday, to discuss services the toddler may be eligible to receive.

(3) If a toddler with a disability may be eligible for preschool special education services, consistent with COMAR 13A.05.01, the local lead agency, with the approval of the toddler's family, shall convene an IFSP team meeting, as described in §B(2)(b) of this regulation, with:

(a) The toddler's family;

(b) A representative of the local school system; and

(c) The toddler's service coordinator.

(4) If the local lead agency determines that a toddler with a disability is not potentially eligible for preschool special education services, the local lead agency, with the approval of the toddler's family, shall make reasonable efforts to convene an IFSP team meeting, as described in §B(2)(b) of this regulation with:

(a) The toddler's family;

(b) The toddler's service coordinator; and

(c) Providers of other appropriate services.

(5) The IFSP team meeting described in §B(2)(b) of this regulation may occur less than 90 days before the toddler's third birthday, with clear written documentation, if:

(a) The toddler is unavailable;

(b) The family requests a delay because of other family reasons; or

(c) The toddler was referred after 33 months of age.

(6) If the IFSP team meeting described in §B(5) of this regulation occurs less than 90 days before the toddler's third birthday, the local lead agency shall make reasonable attempts to conduct the IFSP team meeting as soon as possible to allow for appropriate transition planning.

(7) The IFSP team shall develop a transition plan as part of the child's IFSP that includes:

(a) Steps for the toddler with a disability and the toddler's family to exit from the Part C program; and

(b) The identification of transition services the toddler or the toddler's family needs.

(8) The local lead agency shall provide the toddler's parents with:

(a) An annual notice consistent with 303.211(b)(1); and

(b) Information regarding community options and service delivery models if a toddler:

(i) Continues to receive early intervention services in accordance with an Extended IFSP; or

(ii) Begins to receive preschool special education services in accordance with an IEP.

(9) If a toddler with a disability may be eligible for preschool special education services, the local school system shall convene an IEP team meeting to determine the child's eligibility for Part B preschool special education services, consistent with COMAR 13A.05.01.

(10) The local school system IEP team meeting described in §B(9) of this regulation shall:

(a) Be convened in a timely manner such that eligibility is determined before the toddler's third birthday; and

(b) The toddler's service coordinator or other Part C representative as a required team member, to participate in the review of existing data on the child's progress and performance on IFSP outcomes, unless the family requests, in writing, that a Part C representative not participate in the IEP team eligibility meeting.

(11) If a toddler is determined eligible for Part B preschool special education services, and parents wish for their child to receive services, the parents shall provide informed written consent, consistent with Regulation .12 of this chapter and COMAR § 13A.05.01.13 to:

(a) Continue early intervention services through an Extended IFSP, including an educational component, as required by § 303.344(c); or

(b) Receive preschool special education services through an IEP as a student with a disability in accordance with 34 CFR § 300.324 and COMAR § 13A.05.01.08, and no longer receive Part C services.

C. Extended IFSP Option. If the parent chooses the Extended IFSP Option the local lead agency shall:

(1) Acknowledge the parent's choice and their child's eligibility by providing the parent prior written notice, in accordance with 34 CFR § 300.503 and COMAR § 13A.05.01.12; and

(2) Ensure that early intervention services identified on a toddler's IFSP includes an educational component that promotes school readiness and incorporates:

(a) Preliteracy;

(b) Language; and

(c) Numeracy skills.

D. Termination of Extended IFSP Option Services.

(1) A parent may choose to terminate participation in early intervention services through an IFSP, at any time after the Extended IFSP Option is chosen, and choose preschool special education services through an IEP.

(2) The parent shall notify the local lead agency, in writing, of the choice to terminate early intervention services under the Extended IFSP Option.

(3) The local lead agency shall notify the local school system of the parent's decision to request preschool special education services through an IEP.

(4) If a child's family chooses to terminate early intervention services under an Extended IFSP and initiate services through an IEP, a redetermination of the toddler's eligibility for special education services in accordance with COMAR 13A.05.01 is not required.

(5) Within 45 days of receiving written notification, as described in §D(3) of this regulation, the local school system shall convene an IEP team meeting to develop an IEP and determine the educational placement, in accordance with §F of this regulation.

(6) Once a child's parent makes the choice to terminate early intervention services through an Extended IFSP and pursue services through an IEP, through written notification to the local lead agency, as described in §D(2) of this regulation, the parent cannot continue services through an Extended IFSP beyond the date that IEP services are to begin; or the beginning of the school year following the child's fourth birthday, whichever occurs sooner.

(7) In order to ensure a seamless delivery of services, the local lead agency shall continue to provide early intervention services under an Extended IFSP until the IEP services are to begin or until the beginning of the school year following the child's fourth birthday, whichever occurs sooner.

E. Transition Planning Before the Beginning of the School Year Following a Toddler's Fourth Birthday.

(1) The Maryland Infants and Toddlers Program, local lead agencies, and public agencies shall ensure a smooth transition of a toddler from Part C EIS to preschool, in accordance with 34 CFR § 303.211(b)(6)(ii).

(2) The local lead agency shall convene an IFSP team transition planning meeting, consistent with requirements in 34 CFR §§ 303.342(d) and (e) and 303.343(a), with the approval of the child's family to discuss any preschool special education services that the child may receive and other community options.

(3) The IFSP transition planning meeting described in §E(2) of this regulation shall occur not fewer than 90 days, or at the discretion of all parties, not more than 9 months before the toddler will no longer be eligible to receive EIS.

(4) The participants of the IFSP team meeting shall include:

(a) The toddler's service coordinator;

(b) The child's family; and

(c) A representative of the local school system.

(5) The IFSP team meeting described in §E(2) of this regulation may be held less than 90 days before the beginning of the school year following the child's fourth birthday, if there is written documentation that:

(a) The child is unavailable because of illness; or

(b) The family requests a delay because of other family reasons.

(6) If the IFSP transition planning meeting described in §E(2) of this regulation is held less than 90 days before the beginning of the school year following the child's fourth birthday, reasonable attempts must be made to conduct the meeting as soon as possible to allow for appropriate transition planning.

(7) The local school system shall convene an IEP team meeting for the purpose of IEP development, consistent with COMAR 13A.05.01.07-.10, before the beginning of the school year following the child's fourth birthday if the parent wishes to consider preschool special education services.

F. Preschool IEP Services. If the parent chooses to receive preschool special education services through an IEP, the local school system shall:

(1) Convene an IEP team meeting for the purpose of IEP development;

(2) At the request of the family, invite the toddler's service coordinator or other representatives of the local lead agency to attend the IEP team meeting;

(3) Develop an IEP, taking into consideration the IFSP, in accordance with 34 CFR §§ 300.323(b), 300.324 and COMAR § 13A.05.01.07-.10; and

(4) Consider Extended School Year services for a toddler transitioning to preschool special education services through an IEP whose third birthday falls after the end of one school year and before the beginning of the next school year, consistent with COMAR § 13A.05.01.08B(2); and

(5) Ensure the IEP is in effect at the beginning of the school year, in accordance with COMAR 13A.05.01.09D(2).

Md. Code Regs. 13A.13.01.09

Regulations .09 adopted effective 40:15 Md. R. 1230, eff.8/5/2013