Crossing the River Bridging

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Crossing the River Bridging Sharing Data to
Make Transition Successful
OSEP National Early Childhood Conference,
Washington D.C.December 8, 2008

• Kala Surprenant
• U.S. Department of Education
• Office of the General Counsel

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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
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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.

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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 toddlers options from 3rd birthday
  through remainder of school year.

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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 childs 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).

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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 (childs name
  date of birth)
• Right to opt out of disclosure.
• The time period for opting out
• How parent can opt out (orally/in writing).

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Timely Transition Conferences for toddlers
potentially eligible for Part B

• When? Between 9 months and 90 days before
  toddlers 3rd birthday (IDEA 637(a)(9)(A)(ii)(II))
  
• Who? Parent, Service Coordinator, LEA rep.
• How?
• With family approval
• Can LEA notificationInvitation 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.

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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))

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Reviews toddlers options from 3rd bday through
school year

• Review toddlers 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).

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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.

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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.

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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.

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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.

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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.

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Late Referrals to Part C

• Within 45 days of childs 3rd birthday no
  requirement to evaluate/assess or conduct
  transition. May refer to Part B.
• Within 90 or 135 days of childs 3rd birthday-
• Must conduct evaluation assessment initial
  IFSP meeting.
• LEA notification.
• Transition plan at initial IFSP meeting.

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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.

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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.

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Questions?Comments?

• Contact kala.surprenant_at_ed.gov