Technical Assistance Paper

FLORIDA DEPARTMENT FLORIDA DEPARTMENT

OF EDUCATION

OF HEALTH

Technical Assistance Paper

K12: 2007-160

Date: October 10, 2007

Transition from Early Steps to the School District

Prekindergarten Program for Children with Disabilities

or Other Programs

Summary

: The purpose of this jointly developed technical assistance paper is to clarify and

provide guidance regarding the requirements of the Individuals with Disabilities Education Act

(IDEA 2004) related to transition from Early Steps to the school district prekindergarten

program for children with disabilities or to other programs at age three.

Contacts

Carole West Marilyn Hibbard Pam Tempson

Department of Education Department of Education Department of Health

Carole.West@fldoe.org

Marilyn.Hibbard@fldoe.org

Pam_Tempson@doh.state.fl.us

850-245-0478 850-245-0478 850-245-4444, ext. 2264

Status

New Technical Assistance Paper

Revises and replaces existing Technical Assistance Paper: TAP FY 2003-5,

“Transition from the Infants and Toddlers Early Intervention Program to the School

District Prekindergarten Program

for Children with Disabilities”

Issued by the

Florida Department of Education Florida Department of Health

Division of K-12 Public Schools Children’s Medical Services, Early Steps

Bureau of Exceptional Education

http://www.cms-kids.com/EarlyStepshome.htm

and Student Services

http://www.fldoe.org/ese/

Table of Contents

INTRODUCTION

1. Purpose and Background Information ................................................................. 1

2. Early Steps

Requirements.................................................................................... 1

3. Part B Preschool Requirements ........................................................................... 2

A. NOTIFICATION

A-1. What is

notification? ............................................................................................. 4

A-2. What is the purpose of notification?...................................................................... 4

A-3. Is parent consent required for notification?........................................................... 4

A-4. If a parent refuses to provide consent, must Early Steps still provide notification

to the school district?............................................................................................ 4

A-5. When should notification occur?........................................................................... 4

A-6. Does providing information about children served by a Local Early Steps

to the Florida Diagnostic and Learning Resources System (FDLRS) for entry

into the Children’s Registry and Information System (CHRIS) database meet

the requirements of notification?........................................................................... 5

B. TRANSITION CONFERENCE

B-1. What is the transition conference? ....................................................................... 5

B-2. When must the transition conference be held?..................................................... 6

B-3. Is parent consent required to conduct a transition conference? ........................... 6

B-4. Who are the minimum required participants for the transition conference?.......... 6

B-5. May the transition conference be conducted without the parent?......................... 6

B-6. Is the physical presence of the Early Steps service coordinator required for the

transition conference?…………………………………………………………………..7

B-7. Can someone other than the assigned Early Steps service coordinator

represent the Local Early Steps at the transition conference?.…………………… 7

B-8. If unforeseen circumstances arise, and the school district representative is

unable to attend a scheduled transition conference, can the conference be

postponed and re-scheduled? .............................................................................. 7

B-9. Is Early Steps considered out of compliance under the following

circumstances?........................................................................................…………8

B-10. Who is the appropriate staff member to represent the school district

at a transition conference? ................................................................................... 8

B-11. If a FDLRS staff member (e.g., the child find specialist) attends the transition

conference, what is his/her role?.......................................................................... 8

B-12. Does conducting the transition conference six to nine months prior to the

child’s third birthday start the “60 school-day evaluation clock” for Part B?.......... 9

REFERRAL PROCEDURES RELATED TO TRANSITION PROCESS

C-1. What is

a referral? ................................................................................................ 9

C-2. When should a referral occur?.............................................................................. 9

C-3. The school district or community-based program finds it helpful to have some

information in advance of the transition conference so that they can be

adequately prepared for the conference. How does waiting for a referral until

after the transition conference impact this? .......................................................... 9

C-4. What information should be included in the “referral packet”?............................ 10

D. EVALUATION/ELIGIBILITY DETERMINATION/INDIVIDUAL EDUCATIONAL

PLAN (IEP) DEVELOPMENT/EXTENDED SCHOOL YEAR (ESY)

D-1. May the school district use existing evaluation data from Early Steps as a

basis for eligibility determination for the school districts? ................................... 10

D-2. Does the state establish criteria for determining whether an evaluation is

considered “current”? ......................................................................................... 10

D-3. What is the difference between the Early Steps transition conference and the

school district eligibility staffing meeting? ........................................................... 10

D-4. Can the eligibility determination staffing and the IEP meeting be conducted at

the same time as the transition conference? ...................................................... 11

D-5. If a child is referred to Early Steps between 33 months of age and 45 calendar

days prior to the child’s third birthday, what is the obligation of Early Steps?..... 11

D-6. If a child is referred to Early Steps 45 days or less before turning three (for

example, three weeks prior to the child’s third birthday) and Early Steps is

unable to complete an evaluation, is the school district obligated to have an

IEP in effect on the child’s third birthday?........................................................... 12

D-7. Must the Early Steps service coordinator be invited to the first IEP meeting

upon transition from Early Steps?....................................................................... 12

D-8. Is there a requirement that the outcome of the IEP meeting be shared with

Early Steps if the service coordinator is not in attendance at the meeting?.........12

D-9. What is the school district’s obligation when a child turns three during the

“summer months”? ............................................................................................. 12

D-10. If the school district does not have adequate staff during summer months to

conduct an IEP meeting, can the meeting be postponed until the beginning of

the school year? ................................................................................................. 13

D-11. Must extended school year (ESY) services be considered for a child exiting

Early Steps? ....................................................................................................... 13

D-12. If a school district does not have sufficient data to determine “regression

and recoupment,” does that mean that ESY services need not be

considered?........................................................................................................ 13

D-13. Are children exiting Early Steps automatically entitled to ESY? ......................... 13

D-14. If a decision is made that ESY services are not needed, is it acceptable to wait

until the beginning of the school year to initiate the services on the IEP? .......... 14

D-15. Can a school district provide a Free and Public Education (FAPE) to a child

prior to age three? .............................................................................................. 14

D-16. If a child turns three in April, and it does not seem appropriate to enroll the

child for a brief period of time in a prekindergarten class that has well-

established routines, could implementation of the IEP be postponed until the

beginning of the next school year?..................................................................... 14

E. IMPROVING TRANSITION PRACTICES

E-1. What are the recommended components of a transition interagency

agreement? How does this agreement promote transition planning?................. 15

E-2. What type of procedures/practices will improve the transition process?............. 16

Appendices

Appendix A

Form I: Your Family’s Transition Plan................................................................. 17

Appendix B

Resources .......................................................................................................... 18

Web Sites ........................................................................................................... 19

iii

Technical Assistance Paper

Transition from Early Steps to the School District Prekindergarten Program for

Children with Disabilities or Other Programs

INTRODUCTION

1. What is the purpose of this technical assistance paper?

This technical assistance paper (TAP) has been jointly developed by staff

members from the Department of Health, Children’s Medical Services/Early

Steps, and the Department of Education, Bureau of Exceptional Education and

Student Services. The purpose is to clarify the requirements of the Individuals

with Disabilities Education Act (IDEA 2004) related to the transition of children

from Early Steps—Florida’s early intervention system for children from birth to

age three (IDEA 2004, Part C)—to school district prekindergarten programs for

children with disabilities (IDEA 2004, Part B) or to other programs at age three.

Our shared intent is to provide transition guidance that can be applied to all

children “aging out” of Early Steps. Many issues related to this topic have been

identified by both school districts and Early Steps staff. The focus of this TAP is

to provide guidance regarding requirements related to transition and to clarify

the roles and responsibilities of school districts (local education agencies) and

Local Early Steps for ensuring a smooth transition. In addition, both agencies

have established activities related to improving the transition process through

their respective State Performance Plans as required by the U.S. Department of

Education, Office of Special Education Programs (OSEP).

To build a common understanding regarding the applicable federal and state

laws and rules that apply, we have organized the following information to reflect

the applicable policies. For certain requirements, information from the

Department of Health’s

Program Plan and Operations Guide

(

PPOG

) has been

included to clarify some of the procedures that may be unique to Florida.

2. What are the applicable federal and state laws and rules that apply to

Early Steps?

The following information is summarized from an array of sources as identified:

•

Early Steps must have policies and procedures that describe how families will

be involved in transition planning [PL 108-446, Section 637(a)(9)(A)(i)].

•

Local Early Steps must notify the school district of children who will shortly

reach the age of eligibility for preschool services under Part B [PL 108-446,

Section 637(a)(9)(A)(ii)I]. (

Note:

In Florida, the

PPOG

requires that if

personally identifiable information will be shared through this notification

process, parental consent must be obtained.)

•

Initial planning for transition of the child at age three must begin six months to

one year prior to the child’s third birthday (

PPOG

7.8.0).

•

In the case of a child who may be eligible for school district preschool

services, Local Early Steps (with consent of the family) must convene a

transition conference to include Local Early Steps, the family, and the school

district (if the child is potentially eligible for Part B preschool)

not less than 90

days or more than 9 months

before the child’s third birthday to discuss

possible services that the child may receive [PL108-446, Section

637(a)(9)(A)(ii)(II)].

•

In the case of a child who may not be eligible for school district preschool

services, and with consent of the family, Local Early Steps must convene a

transition conference among Early Steps, the family, and providers of other

appropriate services that the child may receive

not less than 90 days or

more than 9 months

before the child’s third birthday to discuss possible

services that the child may receive [PL 108-446, Section 637(a)(9)(ii)(lll)].

(

Note:

In Florida, the

PPOG

does not make a distinction between a child who

is potentially eligible and not potentially eligible for Part B. A transition

conference is required for all children with the consent of the family.)

•

In addition to using Part C funds to maintain and implement the statewide

early intervention system required, a state may use funds to provide a free

appropriate public education (FAPE), in accordance with Part B, to children

with disabilities from their third birthday to the beginning of the following

school year [PL 108-446, Section 638 (3)]. The child’s program options will be

reviewed for the period from the child’s third birthday through the remainder of

the school year [PL 108-446, Section 637(a)(9)(B)].

•

Local Early Steps must develop a transition plan as a part of the

individualized family support plan (IFSP). This transition plan must include

the steps to be taken to support the transition from Early Steps to preschool

or other community services [PL 108-446, Section 636(d)(8)].

•

Interagency agreements for transition are required between Local Early Steps

and each school district within the Local Early Steps service area (

PPOG

7.14.2).

3. What are the applicable federal and state laws and rules that apply to the

Part B Preschool Program?

•

In the case of a child who was previously served under Early Steps, families

must be informed of the provisions in the law that they may request the

participation of the Early Steps service coordinator or other representatives of

the Part C system to attend the initial individual educational plan (IEP) team

meeting. If requested, an invitation to the initial IEP meeting must be sent to

the Early Steps service coordinator or other representatives of the Part C

system to assist with the smooth transition of services [IDEA 2004, PL 108-

446, Part B, Section 614(d)(1)(D); Title 34, Code of Federal Regulations

(CFR) 300.322(b)ii) and 300.321(f), and Analysis of Comments and Changes,

page 46677].

•

The Florida Department of Education must have policies and procedures

ensuring that children who participate in Early Steps and who will be

participating in preschool programs under Part B experience a smooth and

effective transition [Title 34, CFR, 300.124(a)].

•

Each school district is required to participate in the transition conference

arranged by the Local Early Steps for those children who are potentially

eligible for the school district prekindergarten program for children with

disabilities [Title 34, CFR, 300.124 (c) and Rule 6A-6.03028(9)(b), FAC.].

•

“By the third birthday of a child participating in the early intervention program

for infants and toddlers with disabilities, an IEP consistent with this rule [Rule

6A-6.03028, Florida Administrative Code (FAC.)] or an [individualized] family

support plan consistent with Rule 6A-6.03029, FAC., must be developed and

implemented” [Rule 6A-6.03028(9)(a), FAC. and Title 34, CFR, 300.124(b)].

•

“If the child’s third birthday occurs during the summer, the child’s IEP team

shall determine the date when service under the IEP or [individualized] family

support plan will begin” [Title 34, CFR, 300.101(b)(2) and Rule 6A-

6.03028(9), FAC.].

Note: IDEA, Part C and Part B requirements stated in this paper are reflective of

IDEA 2004 and the final Part B Federal Regulations.

A. NOTIFICATION

A-1. What is notification?

Notification is a process that is required by federal law and Early Steps policy.

Through this policy Local Early Steps are required to notify the school district of

children who “will shortly reach the age of eligibility” [PL 108-446, Section

637(a)(9)(A)(ii)(I)] for preschool services under Part B. The federal requirement

is broader than that reflected in the Early Steps

PPOG

, in that the

PPOG

requires notification only for those children who are potentially eligible for Part

B, whereas the federal law requires notification for all children. Therefore, to be

compliant with the federal law, Local Early Steps must notify the school district

of all children who are eligible for Part C as well as children who are being

served by Early Steps, regardless of whether there is a determination that they

are “potentially eligible for Part B” based on specific program eligibility criteria.

Notification is

not the same

as “referral” to the school district.

A-2. What is the purpose of notification?

The notification process is intended to provide school districts with information

to assist in program planning.

A-3. Is parent consent required for notification?

State policy established through the

PPOG

requires that parent consent be

obtained if personally identifiable information will be provided to the school

district. With parent consent, the content of notification should include the

child’s name, date of birth, and sufficient parent contact information.

A-4

If a parent refuses to provide consent, must Early Steps still provide

notification to the school district?

Yes. When a parent refuses consent to release personally identifiable

information, Early Steps should provide information that is not personally

identifiable. It is recommended that such information include the number of

children per zip code turning three within a specified time-period (e.g., month or

quarter) who have not been personally identified. The process and timelines

related to notification should be addressed in interagency agreements between

the Local Early Steps and the school district. The Early Steps State Office

(ESSO) data manager can provide guidance for using the Early Steps data

system reports for notification.

A-5. When should notification occur?

The

PPOG

states that notification to the school district occurs between 2 years

and 2 years 6 months. The timelines and process for notification should be a

collaborative decision between Early Steps and the school district. Once the

procedure is agreed upon, it should be written and formalized as part of the

interagency transition agreement.

A-6. Does providing information about children served by a Local Early Steps

to the Florida Diagnostic and Learning Resources System (FDLRS) for

entry into the Children’s Registry and Information System (CHRIS)

database meet the requirements of notification?

In preparing our response to this question we asked for feedback from school

districts, FDLRS Associate Centers, and Local Early Steps on their current

practices. The result of that inquiry revealed varied practices across the state.

The federal requirement is that Early Steps notify the “local education agency

for the area in which the child resides that the child will shortly reach the age of

eligibility.” Because FDLRS is a statewide network with multiple obligations and

services, one of which is child find, but is not a local educational agency (LEA),

provision of information to FDLRS for entry into CHRIS

would only

meet this

requirement

FDLRS communicates this information to the LEA where the

child resides. Although some areas report effective interagency agreements

that assure that this occurs, other areas do not have such a system.

Because this is a compliance indicator for Early Steps, it is incumbent on Early

Steps to make certain that effective notification procedures are in place.

TRANSITION CONFERENCE

B-1. What is the transition conference?

The

transition conference

is a meeting that provides the opportunity to review

service delivery changes that will occur when a child turns three years of age

and exits Early Steps. This conference can provide the opportunity to discuss

potential options with the parent and to address parents’ questions about

supports and services that are available when a child turns three. Conversely,

this conference should provide the parent the opportunity to discuss information

about their child and to identify any concerns they may have. The Early Steps

service coordinator should discuss his or her knowledge of the child and the

services Local Early Steps has provided. Transition conferences give school

district staff and other potential community providers the opportunity to share

information about their program and the evaluation/eligibility process.

The conference also provides an opportunity to identify the preparation that the

child and family will need as they transition. Part of the initial transition planning

process, documented on Form I of the individualized family support plan (IFSP),

should include discussions with the family about whether or not the child should

be given the opportunity to practice specific skills in preparation for the

transition. Discussion should focus on the best ways to prepare the child for

upcoming changes in the child’s daily routine. Whenever possible, the transition

conference should take place in conjunction with a regularly scheduled IFSP

meeting.

B-2. When must the transition conference be held?

The transition conference

may be held up to nine months

prior to the child’s

third birthday but

must be held not less than three months (90 days)

before

the child’s third birthday [PL 108-446, Section 637(a)(9)(ii)(ll)].

B-3. Is parent consent required to conduct a transition conference?

Yes. Without the consent of the parent, the transition conference cannot be

convened. Local Early Steps are not required to hold a transition conference if

the parent does not consent. However, the Early Steps service coordinator

must document this on the transition plan page of the IFSP, Form I (see copy of

Form I in Appendix A) and in the case notes. This does not preclude the service

coordinator from having a discussion with the family regarding transition

options, any other requested information and assistance, or updating Form I of

the IFSP.

Planning and preparation for exiting Early Steps should be a part of the IFSP

process regardless of whether the child may be eligible for Part B, or whether

the family is interested in transitioning to Part B or to other community program

services.

B-4. Who are the minimum required participants for the transition conference?

For children who are “potentially eligible for Part B,” the family, the Early Steps

service coordinator, and a representative of the school district are the required

participants for the transition conference [PL 108-446, Section 637(a)(9)(ii)(ll)].

However, because permission must be obtained from the family to invite the

school district representative, an exception to this requirement would be any

instance where the family declines inclusion of the school district representative

in the transition conference. In this instance, the school district would not be

invited and the transition conference would be held among the remaining

participants.

For children who are

not

potentially eligible for Part B, the family, the Early

Steps service coordinator, and other appropriate community providers are the

required participants.

All special circumstances related to attendance of participants at the transition

conference must be documented on Form I of the IFSP and in the case notes.

B-5. May the transition conference be conducted without the parent?

No. The parent must participate. If the parent is unable to be physically present

for the meeting, as an alternative, the parent could participate via telephone

conference call as long as the transition conference is not held in conjunction

with an initial or annual IFSP meeting, as face-to-face participation is required

for these meetings. If the parent participates by phone, the service coordinator

documents “participation by phone” on the signature line of the IFSP, Form I.

B-6. Is the physical presence of the Early Steps service coordinator required

for the transition conference?

If the transition conference is held in conjunction with an initial or annual IFSP

meeting, face-to-face participation with the family is required of the Early Steps

service coordinator. Although not ideal, the Early Steps service coordinator may

participate in the transition conference by other means, such as through a

telephone conference call, when the transition conference is not held in

conjunction with an initial or annual IFSP meeting.

B-7. Can someone other than the assigned Early Steps service coordinator

represent the Local Early Steps at the transition conference?

Yes. It is permissible for the Local Early Steps service coordinator to designate

someone other than the assigned service coordinator, such as a service

coordinator supervisor, to participate in the transition conference in lieu of the

assigned service coordinator.

B-8. If unforeseen circumstances arise, and the school district representative

is unable to attend a scheduled transition conference, can the conference

be postponed and re-scheduled?

Yes, if the family concurs and re-scheduling will not jeopardize compliance with

the required timeline. Rule 6A-6.03028(9)(b), FAC.,

Development of Individual

Educational Plans for Students with Disabilities,

states that “each school district

will participate in the transition conferences arranged by the state lead agency

for the infants and toddlers with disabilities early intervention program.” In most

school districts, a specific staff member(s) is assigned the responsibility of

attending these transition conferences. If unforeseen circumstances arise and

re-scheduling is acceptable to the Local Early Steps and the family, and does

not jeopardize meeting required timelines, then the conference can be

postponed and re-scheduled.

However, if re-scheduling is not agreed upon with family or will jeopardize

compliance with the required timeline

, then the school district should identify

another staff member to attend the already-scheduled transition conference.

Although not preferred, another option is to consider participation of the school

district staff member via telephone conference call.

If re-scheduling will jeopardize compliance with the required timeline and there

are no school district staff members available to attend, then the conference

should proceed without school district representation. This activity must be

documented on Form I of the IFSP and in the case notes.

B-9. Is Early Steps considered out of compliance under the following

circumstances?

A transition conference is scheduled within the 90-day

timeline, but the family cancels or does not show, thus requiring the

meeting to be rescheduled for a date that is less than 90 days before the

child’s third birthday.

No. Early Steps would not be out of compliance because the family

circumstances delayed the process by canceling or not showing up for the

appointment. This situation justifies a timeline delay and must be documented

on Form I of the IFSP and in the case notes.

The option of participation of the family by telephone conference call should be

considered unless the transition conference is scheduled in conjunction with an

initial or annual IFSP meeting.

B-10. Who is the appropriate staff member to represent the school district at a

transition conference?

In identifying staff members to serve in this capacity, school districts should

select individuals who have a thorough understanding and ability to

communicate information regarding the evaluation/eligibility process and the

district’s prekindergarten program for children with disabilities. This individual

may be a school district staffing specialist, preschool teacher, the contact

person for the program, or another knowledgeable staff member.

It is not appropriate to assign the FDLRS child find specialist to serve in this

capacity. The FDLRS child find specialist may attend the transition conference

for the purpose described in Question B-11. However, the FDLRS child find

specialist cannot represent the school district unless the child find function is

only a portion of the individual’s job and this individual assumes other part-time

responsibilities on behalf of the school district (e.g., part-time staffing specialist

function, part-time child find specialist).

B-11. If a FDLRS staff member (e.g., the child find specialist) attends the

transition conference, what is his/her role?

FDLRS representatives

at the transition conference can share screening

information; provide service coordination information that is available from the

CHRIS system; gather records; arrange for necessary appointments or program

visitations and evaluations, as needed; provide follow-up to ensure timelines

are met; and assist the school district or family in whatever other ways

necessary to facilitate a smooth transition process. In some school districts,

FDLRS staff use this opportunity with the family to conduct vision and hearing

screenings.

B-12. Does conducting the transition conference six to nine months prior to the

child’s third birthday start the “60 school-day evaluation clock” for Part

No. Rule 6A-6.0331, FAC., establishes requirements related to timelines for the

completion of evaluations for students who may be eligible for specially

designed instruction and related services. Specifically, this rule requires school

districts to ensure that prekindergarten-age children suspected of having a

disability are evaluated within 60 school days after receipt of the referral for

evaluation

and

the receipt of parental consent for the evaluation. School

districts define what constitutes “receipt of referral” in the district’s

Policies and

Procedures for the Provision of Specially Designed Instruction and Related

Services for Exceptional Students

(

SP&P

). Initiating transition planning, in and

of itself, does not start the 60 school-day evaluation clock nor is the transition

planning conference necessarily considered “receipt of referral.” However, the

60 school-day clock must begin once referral is received (as defined by the

district’s approved

SP&P

)

and

parental consent for evaluation is received.

C. REFERRAL PROCEDURES RELATED TO TRANSITION PROCESS

C-1. What is a referral?

Referral is the formal process by which the child and family are referred by

Early Steps to the school district, with parent consent, for prekindergarten

program eligibility determination or to another community-based service

provider to determine eligibility for services.

C-2. When should a referral occur?

When a child is potentially eligible for the school district Prekindergarten

Program for Children with Disabilities, the Local Early Steps refers the child to

the local school district, with parental consent, either before, during, or after the

transition conference. It is important that families are provided with and

understand their options before they are asked to provide consent for an

agency referral. The parent may choose at any point to withhold permission to

send a referral to the school district.

C-3. The school district or community-based program finds it helpful to have

some information in advance of the transition conference so that they can

be adequately prepared for the conference. How does waiting for a

referral until after the transition conference impact this?

With the consent of the parent, information that will be helpful to the school

district or community agency may be shared in advance of the conference.

This sharing of information should not be confused with making a formal referral

for services. Defining this step in the transition process could be specified in a

local interagency or written agreement among the parties.

C-4.

What information should be included in the “referral packet”?

The

PPOG

provides guidance that the referral packet include the current IFSP,

recent evaluations and assessments, any hearing and vision screening

completed within the last 6 months, and a copy of the written consent for

release of information executed by the parent. Information in the Early Steps

record that was generated by outside sources related to screening, evaluation

and assessment, eligibility determination, development and implementation of

the individualized family support plan, or provision of services may be shared

with local school districts, regardless of the payer. Any information that the

Local Early Steps provides to the school district requires written parental

consent.

D. EVALUATION/ELIGIBILITY DETERMINATION/INDIVIDUAL EDUCATIONAL

PLAN (IEP) DEVELOPMENT/EXTENDED SCHOOL YEAR (ESY)

D-1. May the school district use existing evaluation data from Early Steps as a

basis for eligibility determination for the school districts?

Yes. For children ages birth through five years, Rule 6A-6.03026(3)(b), FAC.,

Special Programs for Prekindergarten Children with Disabilities

, states that

“existing screening and evaluation information available from agencies that

previously served the child and family shall be used as appropriate.” The

purpose of this provision is to minimize the need for repeating evaluations that

are current and have been conducted by appropriately qualified staff.

D-2. Does the state establish criteria for determining whether an evaluation is

considered “current”?

No. Such decisions are left up to the professional judgment of staff. Because

young children develop at a very rapid rate, it is of critical importance that

existing information be carefully reviewed to determine if it represents an

accurate assessment of the child’s current functioning level. To minimize the

need for the comprehensive reevaluation of the child, expedite the transition

process, and save time and expense, the school district should work with the

Local Early Steps to use existing Local Early Steps information and data—such

as parent reports, evaluation and current assessment, IFSP information, and

observations by service providers—to assist in determining eligibility.

D-3. What is the difference between the Early Steps transition conference and

the school district eligibility staffing meeting?

These two meetings have very different purposes. Please refer to question B-1

for discussion of the purpose of the transition conference.

The school district will schedule and conduct an

eligibility staffing meeting

for

a child who is potentially eligible for Part B services. The purpose of the

eligibility staffing meeting is to review the available evaluation data (both

existing information and any new evaluations conducted by the school districts,

if needed) and determine the child’s eligibility for specially designed instruction.

Specific processes related to the eligibility staffing are set forth in Rule 6A-

6.0331(5), FAC.,

Identification and Determination of Eligibility of Exceptional

Students for Specially Designed Instruction.

An eligibility staffing committee

must be composed of a minimum of three professionals, one of whom is the

district administrator for exceptional student education or his/her designee. The

parents of the child must be invited and are encouraged to “participate as equal

members of the staffing committee.”

This rule establishes the following responsibilities for the committee:

•

Interpret evaluation data by drawing upon information from a variety of

sources including aptitude and achievement tests, parent input,

teacher/service provider recommendations, physical condition, social or

cultural background, and adaptive behavior

•

Ensure that information obtained from the sources noted above is

documented and considered carefully

•

Determine eligibility in accordance with the criteria included in applicable

State Board of Education Rules

D-4. Can the eligibility determination staffing and the IEP meeting be

conducted at the same time as the transition conference?

This is not an appropriate practice and is discouraged on a routine basis. The

family should be given the opportunity to explore all possible service options for

their child. With parental consent, Local Early Steps staff have the responsibility

of making the referral to the school district in sufficient time to ensure that

school district prekindergarten services for children with disabilities begin at age

three. The transition conference is most appropriately held during regularly

scheduled IFSP meetings.

D-5. If a child is referred to Early Steps between 33 months of age and 45

calendar days prior to the child’s third birthday, what is the obligation of

Early Steps?

With parental consent, Early Steps must evaluate, determine eligibility, and, if

eligible, develop an IFSP within 45 days of the referral date [Title 34, CFR,

300.342(a)]. As always, a family has the right to refuse or decline any service

with Early Steps. The service coordinator should explain to the family their

options, including receiving services with Early Steps until the age of three and

then transitioning to the local school district or declining services with Early

Steps and, with parental consent, being referred directly to the local school

district. The service coordinator should make sure the family understands the

ramifications of declining enrollment in Early Steps (i.e., the local school district

is not obligated to have an IEP implemented by the age of three for a child who

does not have a current IFSP with Early Steps.).

D-6. If a child is referred to Early Steps 45 days or less before turning three (for

example, three weeks prior to the child’s third birthday) and Early Steps is

unable to complete an evaluation, is the school district obligated to have

an IEP in effect on the child’s third birthday?

No. The obligation to have an IEP in effect on the child’s third birthday applies

to children who have been determined eligible for Part C by Early Steps and

have an IFSP. In the example referenced in the question, the child should be

referred to the school district for evaluation.

If referred to the school district, this evaluation would be subject to the timeline

for evaluation found in Rule 6A-6.0331(4)(b), FAC.,

Identification and

Determination of Eligibility of Exceptional Students for Specially Designed

Instruction.

This section of the rule requires that prekindergarten children

suspected of having a disability must be evaluated within 60 school days after

receipt of referral and parental consent for evaluation. The school district must

define what constitutes “receipt of referral” in the school district’s

Policies and

Procedures for the Provision of Specially Designed Instruction and Related

Services for Exceptional Students

D-7. Must the Early Steps service coordinator be invited to the first IEP

meeting upon transition from Early Steps?

Yes, if requested by the parent. This is new language that was included in IDEA

2004, Section 300.321(f). Families are to be informed that they can request

participation of the Part C service coordinator or other representatives of the

Part C system at the initial IEP team meeting.

D-8. Is there a requirement that the outcome of the IEP meeting be shared with

Early Steps if the service coordinator is not in attendance at the meeting?

No. Best practice would indicate that, with parent consent, the results of the IEP

meeting would be shared. If the interagency agreement between the local Early

Steps and the school district indicate that this information be shared, then this

would become a local requirement. The service coordinator may contact the

family or school district to obtain the meeting outcome.

D-9. What is the school district’s obligation when a child turns three during the

“summer months”?

When a child turns three years old near the end of or following the conclusion of

the 180-day school year, the district continues to have the obligation to have an

IEP in effect and implemented by the child’s third birthday.

D-10. If the school district does not have adequate staff during summer months

to conduct an IEP meeting, can the meeting be postponed until the

beginning of the school year?

No. The obligation in IDEA for school districts is clear. The district would either

have to conduct the IEP meeting in advance of the child’s third birthday or

institute staffing practices that ensure that sufficient staff are available to

conduct the IEP meeting during the summer.

D-11. Must extended school year (ESY) services be considered for a child

exiting Early Steps?

Yes. ESY services are provided if the child’s IEP team determines, on an

individual basis, that the services are necessary for the provision of a free

appropriate public education (FAPE).

D-12. If a school district does not have sufficient data to determine “regression

and recoupment,” does that mean that ESY services need not be

considered?

No. School districts should review the Bureau of Exceptional Education and

Student Services publication entitled “ESY: Extended School Year Services for

Students with Disabilities: A Guide for IEP and FSP Teams” on the Web site at

http://www.fldoe.org/ese/pub-home.asp. The following questions appear

in that

document and should be considered in addition to questions regarding whether

significant regression could occur:

•

Do the data indicate that the student is at a crucial state of development of a

critical life skill and that a lapse in service would substantially jeopardize the

student’s chances of learning that skill? This may include emerging skills as

well as critical points of instruction on existing skills.

•

Is the nature or severity of the student’s disability such that the student would

be unlikely to benefit from his or her education without the provision of ESY

services? This may be reflected in the student’s rate of progress.

•

Are there extenuating circumstances pertinent to the student’s current

situation that indicates the likelihood that FAPE would not be provided without

ESY services?

School districts and Local Early Steps should work together to ensure that there

is sufficient information for the IEP team to consider the questions identified

above.

D-13. Are children exiting Early Steps automatically entitled to ESY?

No. Children with disabilities who have their third birthday during the summer

months are not automatically entitled to receive special education and related

services during the summer. However, the school district must provide such

services during the summer if the IEP team determines that the child needs

extended school year services at that time to receive FAPE.

D-14. If a decision is made that ESY services are not needed, is it acceptable to

wait until the beginning of the school year to initiate the services on the

IEP?

Yes. One of the changes in the regulations for IDEA 2004 was the inclusion of

the following language found at Title 34, CFR, 300.101(2):

“If a child’s third birthday occurs during the summer, the child’s IEP Team shall

determine the date when services under the IEP or IFSP will begin.”

If a child does not receive ESY, an IEP developed in late May may no longer be

entirely appropriate when that child comes to school in late August. School

district staff should be mindful of the need to re-convene the IEP team to

examine goals and objectives for these children.

D-15. Can a school district provide FAPE to a child prior to age three?

Yes. Title 34, CFR 300.800, permits the use of IDEA preschool grant funds to

support services for children who are two years old and will turn three during

the school year. FAPE, in accordance with the Part B regulations, applies in this

circumstance, including the Part B procedural safeguards.

This instance is the only time, however, when FAPE and Part B would apply

when a school district serves children prior to the age of three. In other

circumstances, (e.g., an 18-month-old child eligible for Early Steps who

receives some services from the school district) the requirements of Part C

apply.

D-16. If a child turns three in April, and it does not seem appropriate to enroll

the child for a brief period of time in a prekindergarten class that has well-

established routines, could implementation of the IEP be postponed until

the beginning of the next school year?

No. This would not be consistent with the intent of the law. In such a

circumstance, the IEP team should consider what services would best meet the

child’s needs. Districts should explore continuing services that the child is

currently receiving that would support the goals of the IEP. This can be

accomplished through contractual or purchase of services arrangements.

E. IMPROVING TRANSITION PRACTICES

The Early Steps

PPOG

requires that a written agreement be in place between

the Local Early Steps program and each school district in a service area. A

high priority should be placed on ensuring that such agreements are current;

used routinely to inform transition practices; reviewed at periodic intervals; and

revised, as needed, based on changes in community service delivery systems.

E-1. What are the recommended components of a transition interagency

agreement? How does this agreement promote transition planning?

A transition interagency agreement is a written document that indicates the

willingness of two or more agencies or parties to work in a collaborative manner

to deliver services to a specific group or population. Responsibilities, timelines,

and procedures for the delivery of services are clearly delineated.

An effective transition interagency agreement consists of the following ten

components and reflects the procedural and timeline expectations of the

sending and receiving agencies:

•

Purpose

•

Description of participating agencies

•

Requirements that impact the agreement

•

Definition of terms

•

Working procedures and timelines

•

Implementation of agreement

•

Monitoring and evaluation of agreement

•

Interagency dispute resolution process

•

Duration of agreement (recommended)

•

Signatures and dates

The development of a local transition interagency agreement is needed to

document and formalize the process for collaboration and the provision of

services within a community. Interagency agreements clarify roles and

responsibilities, can help avoid gaps in services, increase accessibility and

adherence to required timelines for services, formalize the outcomes of

collaboration, and foster a positive experience for families and children being

transitioned.

Transition interagency agreements between Local Early Steps and the local

school district are required by Early Steps. Agreements should be reviewed on

a regular basis and updated when changes in services and other activities

occur that impact the agreement. Florida’s Transition Project funded by the

Department of Education, Bureau of Exceptional Education and Student

Services, through federal assistance under IDEA, provides training and

guidance in the development of an interagency transition agreement. Additional

information regarding the project can be obtained by visiting the Web site at

http://www.floridatransitionproject.com.

E-2. What type of procedures/practices will improve the transition process?

Consideration should be given to implementing the following practices:

•

Using data from CHRIS and the Local Early Steps data system to project

needs

•

Establishing procedures that specify a process for referring children to the

school district from Local Early Steps who are potentially eligible for the

school district’s prekindergarten program for children with disabilities

•

Establishing procedures that encourage conducting the transition conference

as early as possible before the child turns three years of age

•

Establishing processes and procedures agreed upon by the agencies for the

school district to notify the Local Early Steps of the eligibility staffing date and,

at the parent’s request, inviting the Early Steps service coordinator to the IEP

or IFSP development planning meeting. (These procedures will ensure the

child is receiving services at the age of three.)

•

Creating regularly scheduled blocks of time specifically for transition

conferences

•

Implementing periodic meetings between the Local Early Steps administrators

and the school district contact person for the prekindergarten program for

children with disabilities to discuss transition practices

•

Using resolution procedures if written interagency agreements are not being

successfully implemented

Appendix A

Name:

_____________________________

DOB:

________

IFSP Date:

____________________________

ID#:

_______________________________

Service Coordinator:

_______________________________________

Form I: Your Family’s Transition Plan

Page ____ of Form I

Transition Planning Steps

Initial Transition Planning (6 months to 1 year prior to our child’s 3

birthday):

In conjunction with an IFSP

meeting, the IFSP team discussed the following with us:

a) Program options available within the community (e.g., local school district, Early Head Start, Head Start, Agency for Persons

with Disabilities, other early care and education programs, etc.) were discussed with us. At this time, we are interested in the

following options:

b) We discussed our specific concerns and the skills and preparation our child will need to be successful in a new environment.

Concerns: Strategies to Address Concerns (write relevant outcomes on Form F):

c) We scheduled the Transition Conference and listed the possible participants we would like to invite.

Possible Participants / Date / Time:

Referral:

The service coordinator, with our consent, makes a formal referral to the school district and/or other agencies and

community providers that we choose and sends a transition “packet.” (This may occur before, during, or after the Transition

Conference.)

Referral Date: ________________ Agency: _________________________________________

Transition Conference (not less than 90 days and not more than 9 months prior to our child’s 3

birthday):

The

Transition Conference is held at the same time as our child’s IFSP meeting, if possible. At this meeting, information was

provided to us about how our school district provides services to prekindergarten children with disabilities, including the

district's evaluation/eligibility process and how the Individual Educational Plan (IEP) is developed. Also, information about other

agencies/community providers that we have requested was provided. We had the opportunity to ask questions and discuss any

new concerns for the coming transition. Transition Conference Date:

a) Following are our new concerns and strategies we discussed:

Concerns: Strategies to Address Concerns (write relevant outcomes on Form F):

b) We identified that these additional activities (e.g., agency/program/placement visitations, enrollment, immunizations,

transportation issues, assistive technology, etc.) need to be completed before our child moves into the new setting:

Activity: Persons Involved: Timeframes:

We attended the Transition Conference and developed this transition plan. Our rights in transition were provided and

explained to us.

____________________________ _______________________ __________________________

Parent/Guardian Parent/Guardian Date

We attended the Transition Conference and developed this transition plan.

_________________________ ______________________ __________________________

Service Coordinator IFSP Team Member/Title Local School District Representative/Title

_________________________ ______________________ __________________________

Community Representative/Agency/Title IFSP Team Member/Title Other/Title

Appendix B

Resources

The following is a partial list of resources that may prove to be helpful in the

implementation of a smooth transition from the Early Steps Program to the

Prekindergarten Program for Children with Disabilities and other community programs.

These resources are available through the Florida Department of Health (DOH),

Children’s Medical Services, Early Steps Program, or the Florida Department of

Education (DOE), Clearinghouse Information Center (CIC).

Booklet, ESE 311662, “Transition: A Booklet to Help Children and Families in Moving

from Early Steps at Age Three to Other Community Programs” (Revised 2005).

Brochure, ESE 311372, “What’s the IDEA Behind Extended School Year Services for

Students with Disabilities?”

Federal Regulations, Title 34, Parts 300 (March 2004) and 303.

Individuals with Disabilities Education Act (IDEA) 2004, Public Law 108-446.

Booklet, ESE 312687, “Guidebook to Build Better Community-wide Transition Systems”

(Revised 2007).

Pamphlet, ESE 311373, “Extended School Year Services for Students with Disabilities:

A Guide for IEP and FSP Teams.”

Technical Assistance Paper, FY 2000-1,

Evaluation Procedures and Determination of

Eligibility for Children in Transition from Part C to Prekindergarten Program for Children

with Disabilities.

Technical Assistance Paper, FY 2000-2,

Re-evaluation Procedures for Students with

Disabilities.

Technical Assistance Paper, FY 2000-5,

Determining an Individual Student’s Need for

Extended School Year.

Web sites:

Agency for Workforce Innovation (AWI), Office of Early Learning, Child Care Resource

and Referral Network: http://www.floridajobs.org/earlylearning/

Children’s Registry and Information System (CHRIS): http://www.Chris.miami.edu

Department of Education (DOE), Bureau of Exceptional Education and Student

Services: http://www.fldoe.org/ese/ese-home.asp

Department of Education, Bureau of Exceptional Education and Student Services State

Performance Report (SPP) and Annual Performance Report (APR):

http://www.fldoe.org/ese/default.asp

Department of Education, Office of Early Learning, Voluntary Prekindergarten (VPK)

Education: http://www.fldoe.org/earlylearning/

Early Steps: http://www.cms-kids.com/EarlyStepshome.htm

Early Steps State Performance Plan (SPP) and Annual Performance Report (APR):

http://www.cms-kids.com/EarlySteps/SPP_Review.htm

Florida Head Start: http://www.floridaheadstart.org./search.html

Florida’s Transition Project: http://www.floridatransitionproject.com

National Early Childhood Technical Assistance Center (NECTAC):

http://www.nectac.org/topics/transition/transition.asp

National Early Childhood Transition Center: http://www.ihdi.uky.edu/NECTC

Technical Assistance and Training System (TATS): http://www.tats.ucf.edu