Crossing the River – Bridging & Sharing Data to Make Transition Successful

1. OSEP National Early Childhood Conference, Washington D.C.December 8, 2008 Crossing the River – Bridging & Sharing Data to Make Transition Successful Kala Surprenant U.S. Department of Education Office of the General Counsel

2. Early Childhood Transition – Why it matters. Meeting the needs of toddlers with disabilities and their families. State and local data--Connecting APR Indicators C-8B and B-12

3. SPP/FFY 2006 APR Transition Data Challenges -- • 31 Part B States reported data systems inadequate to collect and report this data. • Lack of coordination between Parts C and B. • Lack of or Inconsistent policies, contracts, or interagency agreements.

4. PART C lead agency must ensure for toddlers with disabilities that it-- • Notifies the LEA. • Conducts timely transition conference. • Includes transition plans in the IFSP with steps and services. • Reviews the toddler’s options from 3rd birthday through remainder of school year.

5. Notification • Who is Notified? Notify the LEA where the toddler with a disability resides. IDEA 637(a)(9)(A)(ii)(I) . • What Must Notification Include: Child find information which is the child’s name and date of birth, and parent contact information. • Opt-Out Policy Option: State may adopt an opt-out policy but must notify LEA unless parent opts opt. • Does Notification = Referral? Initial referral under Part B triggers notice under 34 CFR 300.504(a).

6. Opt-out Policy must address -- • When parents will be notified. • How parents will be notified. • The length of time parents have to opt out. • How parents can opt out (orally/ in writing). • Content of Notice to include: • The information to be disclosed (child’s name & date of birth) • Right to opt out of disclosure. • The time period for opting out • How parent can opt out (orally/in writing).

7. Timely Transition Conferences for toddlers potentially eligible for Part B • When? Between 9 months and 90 days before toddler’s 3rd birthday (IDEA 637(a)(9)(A)(ii)(II)) • Who? Parent, Service Coordinator, LEA rep. • How? • With family approval • Can LEA notification=Invitation to LEA? Yes. • Need consent to disclose PII to LEA unless lead agency is SEA or LEA. • Copies of most recent IFSP and evaluation may be useful for LEA.

8. Transition Plan in the IFSP • Must identify appropriate steps and services (IDEA 636(a)(3) & (d)(8), 637(a)(9)(C)) • Families are included in development of transition plan (IDEA 637(a)(9)(A)(I))

9. Reviews toddler’s options from 3rd bday through school year • Review toddler’s options from 3rd bday to end of school year (IDEA 637(a)(9)(B)). • Beyond age three, lead agency can provide: • Part C services under IDEA 635(c) extension option OR • FAPE under 638(3) or 619 (ESY under 34 CFR 300.106).

10. Part B must ensure for toddlers transitioning from Part C-- • LEA participates in transition conference. • IEP in place by third birthday. • Service Coordinator invited to initial IEP meeting (parent request). • Consider IFSP when IEP team develops initial IEP.

11. LEA must participate in transition conference • LEA representative must attend transition conference held by lead agency (IDEA 612(a)(9) and 34 CFR 300.124(c)) • LEA may seek to obtain consent for evaluation and/or disclosure of PII to lead agency.

12. IEP by 3rd birthday for children transitioning from Part C. • FAPE BY AGE 3 (IDEA 612(a)(9), 34 CFR 300.101(b) and 300.124(b)). • Evaluation conducted in a timely manner -- IDEA 614(a)(1)(C) and 34 CFR 300.301(c)(1)). • Initial IEP meeting within 30 days of eligibility determination (34 CFR 300.323(c)(1)). • IEP Developed and Implemented by 3rd Bday.

13. Initial IEP meeting requirements • Inform parent of right to invite service coordinator (SC) and invite SC if parent requests. (IDEA 614d)(1)(D) and 34 CFR 300.321(f) & 300.322(b)(1)(ii) • IEP Team of Initial IEP must consider IFSP if developed under IDEA 636 using IEP procedures under IDEA section 614.

14. Interagency/Intragency Agreements • Start notification as early as feasible. • Role of SICC – IDEA 641(e)(1)(c) in advising on transition. • Specify who within lead agency or SEA will notify the LEA. • Identify method(s) of coordination between school districts and service coordinators. • Clarify when notification = referral. • Compare eligibility definitions, including developmental delay, under Parts C and B of IDEA.

15. Late Referrals to Part C • Within 45 days of child’s 3rd birthday – no requirement to evaluate/assess or conduct transition. May refer to Part B. • Within 90 or 135 days of child’s 3rd birthday- • Must conduct evaluation & assessment & initial IFSP meeting. • LEA notification. • Transition plan at initial IFSP meeting.

16. Key Lessons - LEA notification systemic and timely. -Lead agency -- Opt-out on file. Protocols to share most recent evaluation & IFSP by transition conf. Developmental delay definition. Use of existing evaluation records. Contact b/t svce coord & LEA rep.

17. Recommendations • Interagency agreements or MOUs. • Contracts with EIS providers. • Consent and IFSP forms at transition under Part C. • Consent forms - Part B. • Data-sharing protocols.

18. Questions?Comments? Contact: kala.surprenant@ed.gov