N.M. Admin. Code § 8.9.8.13

Current through Register Vol. 35, No. 23, December 10, 2024
Section 8.9.8.13 - TRANSITION
A. Transition planning shall occur with the parent(s) of all children to ensure a smooth transition from the FIT program to preschool or other setting.
B.Notifications to the public education department and local education agency (LEA):
(1) The FIT program shall provide notification to the public education department, special education bureau, of all potentially eligible children statewide who will be turning three years old in the following 12-month period.
(2) The early intervention provider agency shall notify the LEA of all potentially eligible children residing in their district who will turn three years old in the following 12-month period. This will allow the LEA to conduct effective program planning.
(3) The notification from the early intervention provider agency to the LEA shall:
(a) include children who are potentially eligible for preschool special education services under the Individuals with Disabilities Education Act (IDEA) Part B; potentially eligible children are those children who are eligible under the developmental delay or established condition categories;
(b) include the child's name, date of birth, and contact information for the parent(s);
(c) be provided at least quarterly in accordance with the process determined in the local transition agreement; and
(d) be provided not fewer than 90 days before the third birthday of each child who is potentially eligible for IDEA Part B.
C.Transition plan:
(1) A transition plan shall be developed with the parent(s) for each eligible child and family that addresses supports and services after the child leaves the FIT program.
(2) The transition plan shall be included as part of the child's IFSP and shall be updated, revised and added as needed.
(3) The following is the timeline for developing the transition plan:
(a) at the child's initial IFSP meeting the transition plan shall be initiated and shall include documentation that the family service coordinator has informed the parent(s) regarding the timelines for their child's transition;
(b) by the time child is 24 months old, the transition plan will be updated to include documentation that the family service coordinator has informed the parent(s) of the early childhood transition options for their child and any plans to visit those settings; and
(c) at least 90 days and not more than nine months before the child's third birthday, the transition plan shall be finalized at an annual IFSP or transition conference meeting that meets the attendance requirements of this rule.
(4) The transition plan shall include:
(a) steps, activities and services to promote a smooth and effective transition for the child and family;
(b) a review of program and service options available, including Part B preschool special education, head start, New Mexico school for the deaf, New Mexico school for the blind and visually impaired, private preschool, child care settings and available options for Native American tribal communities; or home if no other options are available;
(c) documentation of when the child will transition;
(d) the parent(s) needs for childcare if they are working or in school, in an effort to avoid the child having to move between preschool settings;
(e) how the child will participate in inclusive settings with typically developing peers;
(f) evidence that the parent(s) have been informed of the requirement to send notification to the LEA;
(g) discussions with and training of the parent(s) regarding future placements and other matters related the child's transition;
(h) procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in a new setting; and
(i) a confirmation that referral information has been transmitted, including the assessment summary form and most recent IFSP.
D.Referral to the LEA and other preschool programs:
(1) A transition referral shall be submitted by the family service coordinator, with parental consent, to the LEA at least 60 days prior to the transition conference. The transition referral shall include at a minimum the child's name, the child's date of birth, the child's address of residence, and the contact information for the parent(s), including name(s), address(es), and phone number(s).
(2) For children who enter the FIT program less than 90 days before their third birthday, the family service coordinator shall submit a referral, with parental consent, as soon as possible to the LEA. This referral shall serve as the notification for the child. No further notification to the LEA shall be required for the child.
(3) For children referred to the FIT program less than 45 days before the child's third birthday, the family service coordinator shall submit a referral to the LEA, with parent consent, but the early intervention provider agency will not conduct an evaluation to determine eligibility in accordance with the referral and intake provisions of this rule.
E.Invitation to the transition conference: The family service coordinator shall submit an invitation to the transition conference to the LEA and other preschool programs at least 30 days prior to the transition conference.
F.Transition assessment summary:
(1) The family service coordinator shall submit a completed transition assessment summary form to the LEA at least 30 days prior to the transition conference.
(2) Assessment results, including present levels of development, must be current within six months of the transition conference.
G.Transition conference: The transition conference shall:
(1) be held with the approval of the parent(s);
(2) be held at least 90 days and no more than nine months prior to the child's third birthday;
(3) meet the IFSP meeting attendance requirements of this rule;
(4) take place in a setting and at a time that is convenient to the family;
(5) be conducted in the native language of the family, or other mode of communication used by the family, unless it is clearly not feasible to do so;
(6) with permission of the parent(s), include other early childhood providers (early head start/head start, child care, private preschools, New Mexico school for the deaf, New Mexico school for the blind and visually impaired, etc.);
(7) be facilitated by the family service coordinator to include:
(a) a review of the parent(s)'s preschool and other service options for their child;
(b) a review of, and if needed, a finalization of the transition plan;
(c) a review of the current IFSP, the assessment summary; and any other relevant information;
(d) the transmittal of the IFSP, evaluation and assessments and other pertinent information with parent consent;
(e) an explanation by an LEA representative of the IDEA Part B procedural safeguards and the eligibility determination process, including consent for the evaluation;
(f) as appropriate, discussion of communication considerations (if the child is deaf or hard of hearing) and Braille determination (if the child has a diagnosis of a visual impairment), autism considerations, and considerations for children for whom English is not their primary language.
(g) discussion of issues including enrollment of the child, transportation, dietary needs, medication needs, etc.
(h) documentation of the decisions made on the transition page and signatures on the transition conference signature page, which shall be included as part of the IFSP. Copies of the transition conference page and signature page shall be sent to all participants.
H.Transition date:
(1) The child shall transition from the FIT program when the child turns three years old.
(2) For a child determined to be eligible by the LEA for preschool special education (IDEA Part B):
(a) if the child's third birthday occurs during the school year, transition shall occur by the first school day after the child turns three; or
(b) if the child's third birthday occurs during the summer, the child's IEP team shall determine the date when services under the IEP (or IFSP-IEP) will begin.
I.The individualized education program (IEP):
(1) The family service coordinator and other early intervention personnel shall participate in a meeting to develop the IEP (or IFSP-IEP) with parent approval.
(2) The family service coordinator, with parent consent, shall provide any new or updated documents to the LEA in order to develop the IEP.
J.Follow-up family service coordination: At the request of the parents, and in accordance with New Mexico early childhood education and care department policy, family service coordination shall be provided after the child exits from early intervention services for the purpose of facilitating a smooth and effective transition.

N.M. Admin. Code § 8.9.8.13

Adopted by New Mexico Register, Volume XXXII, Issue 14, July 20, 2021, eff. 7/20/2021