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Authorities: 20 U.S.C. § 1436; 34 C.F.R. Parts 300 and 303; Texas Education Code; 19 T.A.C. Chapter 89; The Department of Assistive and Rehabilitative Services and the Texas Education Agency Early Childhood Intervention Memorandum of Understanding (DARS and TEA ECI MOU)
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P The local educational agency (LEA) must comply with the CHILD FIND frameworks.

P Each LEA must develop a system to notify the population in the LEA with children who are at least three years of age but younger than six years of age and who are eligible for enrollment in a special education program of the availability of the program. TEC 29.009

AGE RANGES FOR ELIGIBILITY


P The LEA must ensure that a free appropriate public education (FAPE) is made available to all eligible children with disabilities ages 3 through 21. 89.1035(a)
TEC 29.003(b)
300.101(a)

P The LEA must ensure that a FAPE is made available from birth to children with visual or auditory impairments; and comply with: 89.1035(b)
TEC 29.003(b)

P

P

P

NONCATEGORICAL EARLY CHILDHOOD


P The child between the ages of three through five may be described as eligible for special education services based on the NONCATEGORICAL EARLY CHILDHOOD framework if eligibility criteria are met.

INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP)


P For the child from birth through two years of age with a VISUAL IMPAIRMENT and/or an AUDITORY IMPAIRMENT, an individual family service plan (IFSP) meeting must be held in place of an admission, review, and dismissal (ARD) committee meeting. 89.1050(b)

P IFSP has the meaning given the term in the Individuals with Disabilities Education Act (IDEA) Part C. 300.24
1436
303.20

P The LEA must ensure the IFSP contains:  300.323(b)(1)(ii)
303.344

D
  • A statement of the infant's or toddler's present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development based on the information from that child's evaluation and assessments;
303.344(a)
303.321

D
  • With the concurrence of the family, a statement of the family's resources, priorities, and concerns relating to enhancing the development of the child as identified through the assessment of the family;
303.344(b)
303.321(c)(2)

D
  • A statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre-literacy and language skills as developmentally appropriate for the child) and family, and the criteria, procedures, and timelines used to determine:
303.344(c)

D
    • The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and
303.344(c)(1)

D
    • Whether modifications or revisions of the expected results or outcomes, or early intervention of services are necessary;
303.344(c)(2)

D
  • A statement of the specific early intervention services, based on peer-reviewed research, to the extent practicable, that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in the IFSP, including:
303.344(d)(1)

D
    • The length, duration, frequency, intensity, and method of delivering the early intervention services;
303.344(d)(1)(i)
303.344(d)(2)

D
  • A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, or, a justification as to why an early intervention service will not be provided in the natural environment;
303.344(d)(1)(ii)(A)
303.13(a)(8)
303.26
303.126

D
    • The location of the early intervention services; and
303.344(d)(1)(iii)
303.344(d)(3)

D
    • The payment arrangements, if any;
303.344(d)(1)(iv)

D
  • For children who are at least three years of age, an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills;
303.344(d)(4)

D
  • The projected date for the initiation of each early intervention service in the IFSP which must be as soon as possible after the parent consents to the service;
303.344(f)(1)
303.344(d)(1)
303.342(e)
303.420(a)(3)

D
  •  The anticipated duration of each service;
303.344(f)(2)

D
  • The name of the service coordinator from the profession most relevant to the child's or family's needs or who is otherwise qualified to carry out all applicable responsibilities under this part, who will be responsible for implementing the early intervention services identified in the child's IFSP, including transition services, and coordination with other agencies and persons; and
303.344(g)(1)
303.344(g)(2)
303.34

D
  • The steps and services to be taken to support the smooth transition of the child from Part C services to:
303.209

D
    • Preschool services under Part B of the act, to the extent that those services are appropriate; or
303.344(h)(1)(i)
303.209(a)(1)(i)

D
    • Other appropriate services.
303.344(h)(1)(iii)
303.209(a)(1)(ii)

D To the extent appropriate, the IFSP also must: 303.344(e)

D
  • Identify medical and other services that the child or family needs or is receiving through other sources, but that are neither required nor funded under this part; and
303.344(e)(1)

D
  • If those services are not currently being provided, include a description of the steps the service coordinator or family may take to assist the child and family in securing those other services.
303.344(e)(2)
303.34

D The determination of the appropriate setting for providing early intervention services to the infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be: 303.344(d)(1)(ii)(B)

D
  • Made by the IFSP team which includes the parent and other team members;
303.344(d)(1)(ii)(B)(1)

D
  • Consistent with the Part C provisions regarding natural environments; and
303.344(d)(1)(ii)(B)(2)
303.13(a)(8)
303.26
303.126

D
  • Based on the child's outcomes that are identified by the IFSP team.
303.344(d)(1)(ii)(B)(3)
303.344

D The instructional arrangement for children from birth through age two with visual and/or auditory impairments must be determined in accordance with the IFSP, current attendance guidelines, and the agreement memorandum between the Texas Education Agency and the Department of Assistive and Rehabilitative Services (DARS) Early Childhood Intervention (ECI) Services. 89.63(d)
Early Transition MOU

P Home instruction may be used for services to infants and toddlers, birth through age two, when determined appropriate by the child's IFSP committee. 89.63(c)(2)(B)

TRANSITION FROM IDEA PART C TO IDEA PART B PRESCHOOL PROGRAMS


P The state will have in effect policies and procedures to ensure that children participating in ECI programs assisted under IDEA Part C, and who will participate in preschool programs assisted under IDEA Part B, experience a smooth and effective transition to those preschool programs. 300.124(a)
Early Transition MOU

P For the child who may be eligible for preschool services under Part B, DARS must: 303.209(b)(1)
Early Transition MOU

P
  • Not fewer than 90 days before the third birthday of the child with a disability, notify the LEA for the area in which the child resides, that the child will shortly reach the age of eligibility for services under IDEA Part B unless the parent has opted out of the disclosure in writing;
303.209(b)(1)(i)
Early Transition MOU

P
  • In the case of the child who is determined to be eligible for Part C services more than 45 but less than 90 days before that child's third birthday, as soon as possible after determining the child's eligibility, notify the LEA for the area in which the toddler with a disability resides that the toddler will reach the age of eligibility for services under Part B, unless the parent has opted out of the disclosure in writing; or
303.209(b)(1)(ii)
Early Transition MOU

P
  • In the case of the child who is referred for Part C services fewer than 45 days before that child's third birthday, with parental consent, refer the child to the LEA for the area in which the child resides; but, DARS is not required to conduct an evaluation, assessment, or an initial IFSP meeting under these circumstances.
303.209(b)(1)(iii)
303.414
Early Transition MOU

P The DARS notification must be consistent with any policy that the state has adopted concerning confidentiality of personally identifiable information and early intervention records permitting a parent to object to disclosure of personally identifiable information. 303.209(b)(2)
303.209(b)(1)(i)
303.209(b)(1)(ii)
303.401(e)
Early Transition MOU

P Unless the parent timely objects to the DARS notification, notification must include the following personally identifiable information: 303.401(d)
Early Transition MOU

D
  • The child's name;
303.401(d)(1)(i)

D
  • The child's date of birth; and
303.401(d)(1)(ii)

D
  • Parent contact information including parents' names, addresses, and telephone numbers.
303.401(d)(1)(iii)

P For the child who may be eligible for preschool services, DARS must with the approval of the child's family convene a transition conference among DARS, the family, and the LEA not fewer than 90 days and, at the discretion of all parties, not more than nine months before the child's third birthday to discuss any services the child may receive under Part B. 303.209(c)(1)

P The LEA must participate in transition conferences arranged by the designated DARS. 300.124(c)
Early Transition MOU

P Any transition conference or IFSP meeting to develop the transition plan, which conference and meeting may be combined into one meeting, must meet the Part C requirements concerning accessibility and convenience of meetings, parental consent for services, and initial and annual IFSP meetings. 303.209(e)
303.209(c)(1)
303.209(d)
303.342(d)
303.342(e)
303.343(a)

P In the case of the child who was previously served under IDEA Part C, the LEA must send an invitation to the initial ARD committee meeting at the request of the parent to the IDEA Part C service coordinator or other representatives of the IDEA Part C system to assist with the smooth transition of services according to the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP and PRIOR WRITTEN NOTICE frameworks. 300.321(f)
300.34

P By the third birthday of such child, the LEA must ensure that an individualized education program (IEP) or in some cases an IFSP, has been developed and implemented for the child. 300.124(b)

IEP


P The LEA must ensure that an IEP is in effect for eligible children with disabilities on their third birthday in compliance with the ADMISSION, REVIEW AND DISMISSAL COMMITTEE frameworks. 300.101(b)
89.1035(a)

P If the child's third birthday occurs during the summer, the child's ARD committee must determine the date when services will begin. 300.101(b)

P The ARD committee must comply with the LEAST RESTRICTIVE ENVIRONMENT framework.

P Home instruction may be used for young children, ages three through five, when determined appropriate by the ARD committee. 89.63(c)(2)(B)

DUAL ENROLLMENT


P The parent of an eligible child who is age three or four has the right to dually enroll the child in both the public and private school beginning on the child's third birthday and continuing until the end of the school year in which the child turns five or until the child is eligible to attend the LEA's kindergarten program, whichever comes first. 89.1096(c)

P When the parent wishes to dually enroll the eligible child, the LEA must comply with the PRIVATE SCHOOL CHILDREN framework.

 
 
Last Updated: Wednesday, March 29, 2017