Section 197-4-5 - Cooperative Planning/ProgrammingA. Preschool . Preschool. Each administrative unit, BMR and DSE will work together to identify and locate preschool handicapped children. If the identification process leads to a referral and acceptance for BMR programming, then the CDW may have direct involvement in home programming prior to school entrance. In those areas where preschool handicapped coordination projects are in place, existing procedures shall be utilized
Where preschool coordination projects do not exist, BMR (through its regional offices and the Infant Development Center) and DSE (in conjunction with the affected administrative units), will use the following procedures to assure the at transition of developmentally delayed children into public schools occurs in planned and organized manner.
(1) BMR a. Shall report the existence of developmentally delayed children (0-5) to preschool handicapped coordination projects in December of each year. Where preschool handicapped coordination projects do not exist, BMR shall report to administrative unit's personnel in December of each year.b. May arrange for development of an IPP by December of each year for children who will be school age that following year. c. Shall notify members of the IDT, including the administrative unit and/or preschool personnel, of the IDT meeting. d. Shall indicate the severity of the child's handicapping condition and the probability of the child's participation in an existing administrative unit's program.e. Shall seek parental permission for the release of BMR information to the appropriate administrative unit.f. Shall assure, at the IDT meeting, that transitional plans for entering the education system are developed with assigned responsibilities for implementation.g. Shall transfer all records to appropriate administrative unit by March 1st of each year, if permission of the child's parent/legal guardian is obtained.(2) Each Administrative Unit Shall: a. Determine the need for P.E.T. prior to the child entering school in the fall after preschool screening (conducted by an administrative unit or preschool project with BMR assistance as appropriate) and after receiving the information from BMR outlined in 5 A).b. Notify the child's BMR worker, if a P.E.T. is to be held, to determine the need for additional information or further transitional plans.c. Invite the child's BMR worker to participate in any P.E.T. arranged during the child's first year to evaluate and monitor the child's program and make recommendations concerning the continued involvement of BMR.B. School Age 5-20 General Each administrative unit, BMR and DSE shall work together to assure that cooperative planning occurs for the delivery of appropriate services to their shared client population. The following regulations describe the responsibilities of each party in carrying out the cooperative planning effort.
(1) Each Administrative Unit shall: a. Refer child to BMR as child's needs dictate (Form Appendix A).b. Notify parents/legal guardian/surrogate parent of the BMR referral for children under 18 years of age.c. Coordinate, through the P.E.T. process, with the consent of the parent/legal guardian, the BMR worker's involvement, upon BMR referral acceptanced. Reassess the student's need during his/her 16th year and each subsequent year until completion of a high school program.e. Participate in a joint P.E.T./IDT meeting, by December of the student's last year, held to develop a transition plan for the student/client from his/her educational program to adult services.(2) BMR shall:a. Accept referrals based upon: 1) the presence of mental retardation; 2) the granting of permission by the parents or legal guardian; and 3) the need for services or the need for planning for an adult program.b. Participate, with consent of the child's parent/ legal guardian in the P.E.T. to determine level of BMR involvement.c. Provide liaison between home and school as appropriate.d. Assist in the continuity of the program outside the school day.e. Share evaluation data among the agencies with the consent of the child's parent/legal guardian.(3) IDT/PET shall:a. Discuss the educational and residential needs of the student.b. Assign responsibility for the development, location and facilitation of both the educational and residential placement. The principle of least restrictive environment shall apply.c. Stress proximity of the program, least restrictive environment and transportation in its decision-making process.d. Reconvene within 30 days to approve the placement, if mutually acceptable educational and residential alternatives are located and placement has occurred.e. Reconvene if mutually acceptable educational and residential alternatives cannot be located to determine the optimal educational/residential placement from the alternatives located.f. Determine transition plans and assign responsibilities.g. Discuss feasibility, time frames, and/or strategies for the child's eventual return to his/her family, once placement is made outside of the natural home.h. Report annually to the Special Education Director on progress made toward attaining the goal of return to the family.(4) The State Department of Educational and Cultural Services shall:- a. Be responsible for arranging financial support for educational costs (DECS).b. Determine responsibility, if a conflict over administrative unit responsibilities arises, as provided under 20 MRSA, Chapter 213.D. Conflict If a conflict arises over which administrative unit Is responsible for delivering special education services, the administrative unit in which the child's legal guardian is physically residing is encouraged to assume temporary financial and programmatic responsibility until such conflict can be resolved.
Determination of responsibility shall be made by the Commissioner of Education ,m as provided under 20-A MRSA, Chapter 213.
E. Planned Client/Student Respite Care: If scheduled respite care will cause more than one consecutive week's absence from school, the BRM case worker and the Director of Special Education shall determine type and amount of interim service need and shall jointly coordinate the procurement of educational service. If the respite care is more than one week and not in the context of a state institution, this shall constitute a change in placement and a P.E.T. shall be convened.
F. Community placement out of BMR Institutions.(1) May make community placements from BMR institutions for non-educational reasons.(2) Shall define and describe the child's placement needs through the IDT process.(3) Shall identify specific institutional and regional staff responsible for locating appropriate residential and educational placement through the IDT process.(4) Shall notify the sending school and administrative unit (where the child originated) when a specific, tentative placement in located. Such notification shall be by the assigned BMR worker.(5) Shall convene an IDT/P.E.T. once tentative residential and education placements are located and invite both sending and receiving school districts to attend.(6) Shall make available, upon request, educational staff from the institution to assist with program design and transition before and after the actual placement.G. Emergency Placements (1) BMR shall: a. Notify the administrative unit of the request for emergency placements, if time permits, to enable its Special Education Director and the case worker to discuss events leading up to the request.b. Consult with the administrative unit's Special Education Director on types of emergency placements that could meet both the residential educational needs of the student/client. c. Notify the administrative unit's Special Education Director within 2 working days of the placement, if time does not permit prior consultation, and indicate the expected duration of the placement.d. Convene an IDT/P.E.T. within 10 days of the emergency placement to address residential and educational plans, if the placement constitutes a change in the IPP/IEP.e. Be responsible for arranging/coordinating any available financial support for the board/care and treatment components of the program.(2) The Administrative Unit shall: Convene an IDT/P.E.T. within 10 days of the emergency placement to address residential and educational plans, if the placement constitutes a change in the IPP/IEP.
(3) The Department of Educational and Cultural Services, Division of Special Education, shall: Be responsible for arranging financial support for educational costs.
H. Educational Placement (1) The Administrative Unit shall: a. Have primary fiscal responsibility for the board/care and educational components of the placement for children not in custody of the Department of Human Services.b. Assure implementation of all procedural safeguards in accordance with federal and state statutes.I. Placement of a Child in the Care and Custody of the Department of Human Services This sub-section covers children in the care or custody of the Department of Human Services who are placed in a special purpose private residential school or residential treatment facility.
State P.E.T. shall accept transfer from an administrative unit of all the responsibilities as outlined in these regulations at the end of the first year of placement.
14- 197 C.M.R. ch. 4, § 5