Transition from Part C to B

1. Sarah Walters - Part C Coordinator KDHE Tiffany Smith - Part B ECSE Coordinator KSDE Transition from Part C to B

2. Kansas Department of Health and Environment (KDHE) Lead Agency for administering Part C under the Individuals with Disabilities Education Act (IDEA 2004) that ensures access to early intervention services to eligible children birth through age two, and their families. The Part C local programs are referred to as tiny-k networks.

3. Kansas State Department of Education (KSDE) Lead Agency for administering Part B under IDEA 2004; ensuring that a Free Appropriate Public Education (FAPE) is available to all eligible children with disabilities age three to twenty-one years of age. The Part B local programs will be referred to as LEAs (Local Education Agency).

4. OSEP Requirements The Office of Special Education (OSEP) requires a State Performance Plan (SPP) and an Annual Performance Report (APR) for both Parts C and B of IDEA. The Part C Plan has 14 Indicators and the Part B Plan has 20 Indicators. Both KDHE and KSDE report annually to OSEP regarding compliance and results of these indicators.

5. Memorandum of Agreement (MOA) • Maximize the use of federal, state &local resources. • Support a comprehensive system of services for children with developmental delays and/or disabilities &their families from birth through age five. • Encourage the development of local level interagency agreements to address the coordination of common practices. • Promote inclusion of all children through the integration of services in the natural/least restrictive environment.

6. IDEA 2004 Requirements Under IDEA 2004, together KDHE tiny-k & KSDE LEAs have responsibilities for public awareness, child find, screening & referral for children with disabilities birth through five years of age.

7. MOA Part C tiny-k • Part C tiny-k follow policies & procedures in the Part C Procedure Manual. • Each community will have a Local Interagency Coordinating Council (LICC) with LEA representation. • LICC’s establish a local contact point that provides information regarding child find, referral & availability of early intervention services.

8. MOA Part C tiny-k • Infants & toddlers, birth through age 2, eligible for early intervention services are identified, located, & evaluated. • KDHE & other agencies, including the State ICC, are involved in the planning, development & implementation of statewide public awareness & child find activities.

9. MOA Part B LEAs • Follow policies & procedures in the Part B Special Education Process Handbook. • Representation on Local Interagency Coordinating Council (LICC). • Children transitioning from Part C tiny-kmay move directly to evaluation, without participating in a Part B screening process.

10. MOA Part B LEAs • Participate & promote cooperation for birth through age 5 screening. • Utilize IDEA funds for public awareness, child find, screening, referral & other efforts in cooperation with tiny-k.

11. Transition SPP/APR Part C Indicator 8%of all children exiting Part C who received timely transition planning to support the child’s transition to preschool and other appropriate community services by their 3rd birthday including: A. IFSPs with transition steps and services; B. Referral to LEA, if child potentially eligible for Part B; & C. Transition conference, if child potentially eligible for Part B.

12. Transition SPP/APR Part B 3-5 Indicator 12 % of children referred by Part C prior to age 3 who are found eligible for Part B, &who have an IEP developed & implemented by their 3rd birthday a. # of children who have been served in Part C and referred to Part B for Part B eligibility b. # of those referred determined to be NOT eligible and whose eligibility was determined prior to 3rd birthday c. # of those found eligible who have an IEP developed and implemented by their 3rdbirthday d. # for whom parent refusals to provide consent caused delays in evaluation or initial services e. # of children who were referred to Part C less than 90 days before their 3rd birthday Must also report # in a but not in b, c, d or e with justification

13. Transition Planning Part C tiny-k • Inform families of transition requirements, resources & supports available. • A transition plan will be identified & part of the IFSP. The plan & subsequent outcomes may be updated at the transition conference &as needed.

14. Transition Planning Part C tiny-k • A focused transition plan is developed for each family no later than the transition conference. • Part C tiny-k will coordinate with LEAs to fully inform families of the services available under Part B.

15. Transition Planning Part B LEAs • LEAs coordinate efforts with tiny-k to support family involvement in transition planning. • As appropriate, LEAs coordinate with tiny-kto facilitate visits by families to possible service settings. • LEAs coordinate with tiny-kto fully inform families of the services available.

16. Notification Part C tiny-k • Part C will notify the LEA in which a child resides, at least nine months before a child’s 3rd birthday, that a child will reach the age of eligibility. • Content of the Notification will include: • Child’s Name, Date of Birth & Parent contact (including names, addresses, telephone #’s)

17. Notification Part C tiny-k • Parental consent cannot be required. • Is NOT considered to be a referral to Part B. • May occur on an individual basis or as a list of children. Part B LEAs No action needs to be taken by Part B LEAs at this time.

18. Referral Part C tiny-k • Any child currently receiving Part C tiny-kservices, at least 90 days prior to the child’s third birthday, is understood to be “potentially eligible” for Part B. • At least 90 days before or up to 9 months prior to a child’s 3rdbirthday, Part C tiny-k will make referral to the LEA of each potentially eligible child residing within that LEA.

19. Referral Part C tiny-k • Content of the referral will include the following: • Child’s Name, Date of Birth, Parent contact (names, addresses & telephone #’s) • May also include: • Service Coordinator’s name & contact • The language(s) spoken by the child &family • Whether the family gives permission for a Part B LEA representative to participate in transition meeting.

20. Referral Part B LEAs • LEAs understand when they receive a referral, they are required to complete the following: • Provide procedural safeguards to child’s parents. • With parent approval, attend transition conference. • Providing procedural safeguards to family does not initiate Part B timeline for initial evaluation. The timeline starts when parental consent for initial evaluation is obtained.

21. Combining Notification & Referral Part C tiny-k & Part B LEAs • The invitation to LEA to attend the transition conference for children potentially eligible for Part B mayserve as the LEA referral, if determined locally in a written interagency agreement, to combine notification & referral. • LEAs must provide and document Procedural Safeguards to the child’s parents, whether or not they attend the transition conference.

22. Transition Conference Part C tiny-k • Schedule& facilitate conference at least 90 days & up to 9 months prior to child’s 3rd birthday. • Obtain appropriate parental consent. • Develop (or revise) IFSP transition plan & document all outcomes/decisions.

23. Transition Conference Part C tiny-k Provide parents with information (whether or not the LEA participates) including: • A description of Part B eligibility • State timelines & process for consenting to evaluation & eligibility determination • The availability of special education &related services

24. Transition Conference Part C tiny-k • Invite LEA with approval of the parents. If parent does not provide approval, tiny-kmust still provide referral to the LEA. • This referral may inform the LEA the parent has declined to have the LEA representative attend conference.

25. Transition Conference Part B LEAs • Provide LEA representative to participate in conference. • Review existing data, including the IFSP, evaluations & information provided by parents &other data, as part of the process for determining eligibility. • Determine need for additional evaluation, assessment &information.

26. Transition Conference Part B LEAs Cooperate with tiny-k so the following are provided to parents: • A description of the Part B eligibility definitions • State timelines & process for consenting to an evaluation & conducting eligibility determination • The availability of special education & related services

27. Late Referrals To Part C Part C tiny-k For a child referred to tiny-k fewer than 45 days prior to the child’s third birthday, tiny-k may, but are not required to: • Conduct initial evaluation & assessment • Conduct initial IFSP meeting, if eligible • Develop transition plan • Provide LEA Notification/Referral

28. Late Referrals ToPart C Part C tiny-k For a child referred to tiny-k between 45 and 90 days prior to the child’s third birthday, tiny-k must: • Conduct initial evaluation & assessment • Conduct initial IFSP meeting (if eligible) • If eligible &receiving services, develop transition plan • Provide LEA Notification/Referral

29. Late Referrals ToPart C Part C tiny-k For a child referred to tiny-k less than 90 days prior to the child’s third birthday, tiny-kmay, but is not required to: • Conduct transition conference with LEA (will not report data on these children in C-8-transition conferences held), if child potentially eligible. • Assist family in contacting LEA or provide the contact information for the family in case they wish to pursue Part B eligibility.

30. Late Referrals To Part C Part B LEA Children served in Part C but referred to Part C less than 90 days before child’s 3rd birthday &therefore referred to Part B less than 90 days before child’s 3rd birthday, LEA’s • Must conduct initial evaluation within 60 school days of receiving parental consent for evaluation, even if timeline expires after child’s 3rd birthday. Hold meeting to develop IEP within 30 days of eligibility determination.

31. Late Referrals From Part C to Part B Part B LEA Children served in Part C who were referred to Part C more than 90 days before the child’s third birthday, but referred to Part Bless than 90 days before the child’s birthday, LEAs are responsible for: • Ensuring every child referred to Part B, an initial evaluation is completed; and for children determined eligible; an IEP developed & implemented by child’s 3rd birthday.

32. Part B Evaluation &Eligibility Part C tiny-k • Part C tiny-k share, with parental consent, current evaluation, assessment information &copies of IFSPs to LEAs in a timely manner. • Part C tiny-k are encouraged to work with the family to notify the appropriate LEA when a family moves during the evaluation process.

33. Part B Evaluation &Eligibility Part B LEA • To determine eligibility, IEP team considers Part C tiny-k & parent information & reviews current evaluations (within previous 6 months). • IEP team determines what additional data are needed for eligibility. • When referral is made, LEAs provide & explain to the parent(s), the Procedural Safeguards.

34. Part B Evaluation &Eligibility Cont’d Part B LEA • If LEA determines there is not evidence of potential disability, & determine not to evaluate, prior written notice must be provided to parents. • If LEA determines there is evidence of a potential disability, prior written notice for initial evaluation will be provided & parental consent obtained prior to evaluation.

35. Part B Evaluation &Eligibility When it is determined that an initial evaluation is needed: • LEA will conduct initial evaluation to include a variety of measures & sources. This evaluation will be completed within 60 school days of parent consent and/or before the child’s 3rd birthday . • LEA will provide copy of the evaluation report &the documentation of the eligibility determination at no cost to the parent(s) &with parental consent, a copy to the referring Part C network.

36. Part B Evaluation &Eligibility When it is determined that an initial evaluation is needed (cont’d): • A child who has been served in Part C tiny-k who enrolls in another LEAafter the child has been referred to Part B, but before the child is evaluated to determine eligibility – these will be excluded from the SPP/APR Indicators B-11 and B-12. • When a family moves during the evaluation process, LEA will work with family to ensure appropriate LEA is notified of family’s move.

37. IEP DEVELOPED/IMPLEMENTED BY 3RD BIRTHDAY Part C tiny-k • When invited, tiny-k makes every effort to participate in the IEP meeting. Part B LEAs • Inform families they may invite Part C tiny-k to attend IEP meeting, &if the family agrees, LEA will send invitation. • Develop/implement IEP on or before child’s 3rd birthday. • If child’s 3rd birthday occurs during summer, the IEP team will develop IEP &determine date when IEP services will be implemented, which must occur no later than the 1st day of school the following school year.

38. SUMMER BIRTHDAYS Part C tiny-k • Services may be provided in accordance with the existing IFSP to children and families until the implementation date specified on the IEP. • Once the IEP has been implemented, the child is no longer eligible for Part C services and Part C funds cannot be used to serve the child.

39. SUMMER BIRTHDAYS Part B LEA • Once eligibility is determined & IEP developed, child may begin Part B anytime during school year he/she turns 3. • If a child turning age 3 during the summer (which is defined by Part B as the day after the last day of school) is determined eligible & has IEP in place with services to begin the following school year, the child can continue to be served on an IFSP by Part C during summer until IEP is implemented at the beginning of the school year.

40. SUMMER BIRTHDAYS, Cont’d Part B LEA • If a child turns age 3 before the end of school year & is determined by the IEP team that it is in the best interest for the child to be served by Part C on a Part B IEP in the child’s home until the beginning of the next school year, the LEA can choose to contract with Part C.

41. SUMMER BIRTHDAYS, Cont’d Part B LEA • If a child turns age 3during the summer & IEP team determines the need for extended school year (ESY), the IEP team may provide ESY services ORmay agree that it is in the best interest of the child to be served in the child’s home by Part C on a Part B IEP until the next school year. The LEA can choose to contract with the tiny-k network to provide Part B ESY services. • If a child’s 3rd birthday occurs during the summer, the child’s IEP team must determine date when services will begin, but not later than the beginning of the school year following the 3rd birthday.

42. Uninterrupted Services tiny-kwill consider the school calendar when making referrals to LEA tiny-k & LEAs are aware of these options: • A child may begin Part B services anytime during the school year he/she turns 3. • If the decision to begin Part B before age 3occurs, the transition team proceeds through IEP process & placement is determined. • Once a child begins Part B, he/she is no longer eligible for Part C services. This option would allow a child to start school well in advance of school break, if appropriate.

43. Uninterrupted Services (Cont’d) tiny-knetworks & LEAs are aware of these options: • If a child turns age 3 during the school year & Part B team determines the start date is too close to a school break (i.e. Winter or Spring break), they may decide in the child’s best interest to continue services provided by Part C on Part B IEP until the first day after the break. • The LEA can/may choose to contract with Part C. Alternately, the IEP team may provide services to child in the home until after the school break is over.

44. Transition Data Part C tiny-k KDHE will develop & implementation of a system to reconcile transition data on a semi-annual basis (February/August). • KDHE will generate report for July – December & January – July and provide to KSDE. KSDE will provide this report to LEAs regarding inconsistencies in the data. • tiny-knetworks will reconcile discrepancies with LEA’s found in data reports. • Report will include; KIDS ID, complete exit information, transition information & other data determined necessary.

45. State Contacts Part C KDHE http://www.ksits.org/professionals.htm Sarah Walters swalters@kdheks.gov785-295-2245 Part B ECSE KSDE http://www.ksde.org/Default.aspx?tabid=4745 Tiffany Smith tsmith@ksde.org785-296-1944 Kansas Inservice Training System (KITS) http://www.kskits.org/aboutkits/staff.shtml