From Here to Here Transition from Infant and Toddler Connection Programs to ECSE School Division Programs

IDEA 2004 Part B –Definitions –Section 611 – Funding –Section 612 – State eligibility –Section 614 – Evaluations, eligibility, IEP, educational placement –Section 619 – Preschool grants –Regulations – Part 300

Regulations Governing Special Education Programs for Children with Disabilities in Virginia Guidance Document on the Implementation of the IDEA Federal Regulations – Part B, 2006

Definitions (Va.) "Age of eligibility" means all eligible children with disabilities who have not graduated with a standard or advanced studies high school diploma who, because of such disabilities, are in need of special education and related services, and whose second birthday falls on or before September 30, and who have not reached their 22nd birthday on or before September 30 (two to 21, inclusive) in accordance with the Code of Virginia. COV § ; 34 CFR § (a) (3) (ii)

§ Day; business day; school day. (a) Day means calendar day unless otherwise indicated as business day or school day. (b) Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day, as in § (d)(1)(ii)). (c)(1) School day means any day, including a partial day that children are in attendance at school for instructional purposes. (2) School day has the same meaning for all children in school, including children with and without disabilities. (Authority: 20 U.S.C. 1221e–3)

§ Transition of children from the Part C program to preschool programs. The State must have in effect policies and procedures to ensure that— (a) Children participating in early intervention programs assisted under Part C of the Act, and who will participate in preschool programs assisted under Part B of the Act, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(9) of the Act; (b) By the third birthday of a child described in paragraph (a) of this section, an IEP or, if consistent with § (b) and section 636(d) of the Act, an IFSP, has been developed and is being implemented for the child consistent with § (b); and (c) Each affected LEA will participate in transition planning conferences arranged by the designated lead agency under section 635(a)(10) of the Act. (Approved by the Office of Management and Budget under control number 1820–0030) (Authority: 20 U.S.C. 1412(a)(9))

Evaluations and Reevaluations § Initial evaluations. (a)General. Each public agency must conduct a full and individual initial evaluation, in accordance with §§ and , before the initial provision of special education and related services to a child with a disability under this part. (b) Request for initial evaluation. Consistent with the consent requirements in § , either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability. (c) Procedures for initial evaluation. The initial evaluation— (1)(i) Must be conducted within 60 days of receiving parental consent for the evaluation; or (ii) If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and (2) Must consist of procedures— (i) To determine if the child is a child with a disability under § 300.8; and (ii) To determine the educational needs of the child. (Va. – 65 business days from day of receipt of referral to appropriate party) (d) Exception. The timeframe described in paragraph (c)(1) of this section does not apply to a public agency if— (1) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or (2) A child enrolls in a school of another public agency after the relevant timeframe in paragraph (c)(1) of this section has begun, and prior to a determination by the child’s previous public agency as to whether the child is a child with a disability under § (e) The exception in paragraph (d)(2) of this section applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed. (Authority: 20 U.S.C. 1414(a))

§ IEP Team. (a) General. The public agency must ensure that the IEP Team for each child with a disability includes— (1) The parents of the child; (2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment); (3) Not less than one special education teacher of the child, or where appropriate, not less then one special education provider of the child; (4) A representative of the public agency who— (i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; (ii) Is knowledgeable about the general education curriculum; and (iii) Is knowledgeable about the availability of resources of the public agency. (5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section; (6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and (7) Whenever appropriate, the child with a disability.

§ IEP Team. (f) Initial IEP Team meeting for child under Part C. In the case of a child who was previously served under Part C of the Act, an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services. (Authority: 20 U.S.C. 1414(d)(1)(B)–(d)(1)(D)) Eligibility meeting is the first IEP team meeting

§ When IEPs must be in effect. (a)General. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in §

(c) Initial IEPs; provision of services. Each public agency must ensure that— (1) A meeting to develop an IEP for a child is conducted within 30 days of a determination that the child needs special education and related services; and (2) As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child’s IEP. (May be the beginning of the school year for spring/summer referrals depending on the child’s age. Children turning 3 during winter, early spring – services should start before their birthday.)

Indicator 12 Referrals from Part C Compliance indicator: Target = 100% All referrals from Part C Not eligible Eligible and IEP written and implemented Exceptions –Parent –System

Indicator 6 Placement With typically developing same-age peers or not Percent of time – length of day is school day Other settings

Indicator 7 Early Childhood Outcomes Functional capabilities in many settings Time 1 – initial eligibility –Can take information from Part C or share information for their Time 2 –Decide with ITC