Section He-M 510.09 - Transition to Special Education Preschool and Other Services(a) For all children found eligible for FCESS prior to 33 months of age, the service coordinator shall convene the IFSP team when the child is between 27 and 32 months to develop a transition plan for the child to exit the program that: (1) Reviews the child's program options for the period from the child's 3rd birthday through the remainder of the school year;(2) Identifies steps for the child and the child's family to exit the FCESS program;(3) Identifies any transition services needed by the child and family;(4) Includes, with parental consent, referrals to the area agency and other community resources; and(5) Determines if the child is potentially eligible for preschool special education.(b) If the child is determined to not be potentially eligible for preschool special education services, the service coordinator shall convene a transition conference and make reasonable efforts to include providers of other services to discuss appropriate services the child might receive.(c) If the child is determined to be potentially eligible for preschool special education services, the service coordinator shall provide parents information describing the notification requirement in (f) and (g) below and their right to object, in (d) below, to information about their child being provided to the responsible LEA and the NH department of education.(d) If a parent informs the FCESS program in writing within 7 calendar days of receiving the information described in (c) above that they object to the notification, the service coordinator shall not provide notification to the responsible LEA and NH department of education.(e) If the parent objects to notification, the service coordinator shall convene a transition conference and make reasonable efforts to include providers of other services to discuss alternative ways of meeting the child's needs.(f) If the parent does not inform the FCESS program within 7 calendar days, as specified in (d) above, that they object, the FCESS program shall refer the child by notifying the responsible LEA and NH department of education as soon as possible but not less than 90 calendar days before the child reaches their 3rd birthday that a child who is potentially eligible for special education is receiving FCESS.(g) Information provided with the notification and referral described in (f) above shall include: (2) The child's date of birth;(4) The parents' contact information including addresses and telephone numbers; and(5) Additional information with parental consent including a copy of the most recent evaluation and assessments of the child and the most recent IFSP.(h) After the LEA and NH department of education have been notified that a child is potentially eligible for services, the service coordinator shall convene a transition conference that: (1) Includes the family, other persons requested by the family, the service coordinator, and relevant providers;(2) Is conducted not less than 90 calendar days but not more than 9 months prior to the child's 3rd birthday; and(3) Includes the LEA representative.(i) The purpose of the transition conference shall be to: (1) Review the results of the IFSP team meeting held pursuant to (a) above;(2) Update the transition plan with input from the LEA representative and other providers; and(3) Discuss the child's program options for the period from the child's 3rd birthday through the remainder of the school year, if applicable, including any services the child might be eligible to receive under Part B of IDEIA.(j) For a child who is determined eligible for FCESS more than 45 calendar days but less than 90 calendar days before the child's 3rd birthday, the FCESS program, as soon as possible if the parent does not object, shall notify the LEA and NH department of education that the child will reach the age for eligibility for Part B services.(k) For a child referred fewer than 45 calendar days before the child's 3rd birthday, the FCESS program, following parental consent, shall refer the child to the NH department of education and LEA as soon as possible. The FCESS program shall not be required to conduct a multidisciplinary evaluation or initial IFSP meeting.(l) For children exiting the program prior to 27 months of age or found no longer eligible for FCESS, the service coordinator shall develop a transition plan with the family that includes: (1) Service options for the family to explore based on future needs;(2) Activities as necessary to prepare the child for exiting the program;(3) Information about parent training and resources; and(4) Referrals to other community resources.N.H. Admin. Code § He-M 510.09
(See Revision Note at part heading for He-M 510) #5745, eff 12-1-93, EXPIRED: 12-1-99
New. #7234, eff 4-22-00; ss by #9135, INTERIM, eff 4-22-08, EXPIRED 10-19-08
New. #9594, eff 11-11-09; ss by #10325, eff 4-26-13
Amended by Number 41, Filed October 12, 2023, Proposed by #13753, Effective 9/27/2023, Expires 9/27/2033.