Spec Ed law that pertains to the transition at age 3

As I've mentioned before, you REALLY need to become familiar with the booklet of procedural safeguards the school gives you, and with Article 7. This post deals with the parts of the law that are specific to the transition from First Steps at age 3. There is certainly more for you to learn, but this will help give you an overview of the regulations that pertain to that case conference. The notes in italics have been added by me:

Article 7 Sections Related to Early Childhood Transition
New Article 7 was effective on August 13, 2008

511 IAC 7-36-5 Early childhood (page 40 of Article 7)

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 5. (a) The length and frequency of the instructional day for early childhood students with disabilities, who are three (3) years of age through five (5) years of age, but not eligible for kindergarten, shall be based on the developmental and educational needs as determined by the student's CCC. A public agency may not unilaterally limit the length and frequency of the instructional day based on categories of:

(1) disability;

(2) age of students; or

(3) administrative convenience.

(b) The number of students assigned to an early childhood teacher is subject to the requirements of 511 IAC 7-32-13. (Indiana State Board of Education; 511 IAC 7-36-5)

This means that the previous guidelines that a "Full time student" would receive a minimum of 12.5 hours/wk is no longer part of the law. Parents will need to share the reasons their child needs a certain amount of programming in order to meet his unique needs and to ensure progress.

511 IAC 7-40-5 Conducting an initial educational evaluation (page 61 of Article 7)

(d) The initial educational evaluation must be conducted and the CCC convened within fifty (50) instructional days of the date the written parental consent is received by licensed personnel in accordance with section 4(h) of this rule. The time frame does not apply in the following situations:

(1) When a student has participated in a process that assesses the student's response to scientific, research based interventions described in section 2 of this rule, in which case the time frame is twenty (20) instructional days.

(2) When a child is transitioning from early intervention (Part C) to early childhood special education (Part B), in which case the evaluation must be completed and the CCC convened to ensure that the child receives special education services by his or her third birthday.

511 IAC 7-42-3 Case Conference Committee Participants (page 81 of Article 7)

(d) The public agency must invite the following individuals to participate in the CCC meeting in the following circumstances:

(1) In the case of a child who is transitioning from Part C of the Individuals with Disabilities Education Act as described in 511 IAC 7-43-2, an invitation to the initial CCC 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.

511 IAC 7-42-6 Developing an individualized Education Program; components and parent copy

(c) The CCC must also consider the following factors when applicable:

(7) The IFSP for students who are transitioning from early intervention programs under Part C of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.

511 IAC 7-43-2 Transition from early intervention services (Part C) to early childhood special education (Part B) (page 98 of Article 7)

Authority: IC 20-19-2-8; IC 20-19-2-16

Affected: IC 20-19-2; IC 20-35

Sec. 2. (a) The public agency's obligation to make a free appropriate public education available to a student with a disability begins on the student's third birthday.

(b) The public agency must do the following:

(1) Establish, maintain, and implement policies and procedures to assist the child participating in early intervention programs under Part C of the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et s eq., who will be participating in early childhood special education experience a smooth and effective transition in a manner consistent with Part C of the Act.

(2) Participate in transition planning conferences convened by the Part C service coordinator, with the approval of the parent of the child. The transition planning conferences must be conducted in accordance with Part C of the Individuals with Disabilities Education Act.

(c) With parental consent, at least six (6) months prior to a student's third birthday, the state-operated or state supported program must transmit to the school corporation of legal settlement, the most recent:

(1) IFSP;

(2) family service plan report; and

(3) evaluation reports from any source.

(d) By the date of the third birthday of a student who may be eligible for early childhood special education, the public agency must do the following:

(1) Complete its evaluation.

(2) Convene a CCC to determine eligibility for special education and related services.

(3) If the student is eligible, develop an IEP for the student, taking into consideration the student's IFSP and the other general and special factors listed in 511 IAC 7-42-6(b) and 511 IAC 7-42-6(c).

(4) Implement the IEP.

(e) If a student's third birthday occurs during the summer and the CCC determines the student:

(1) requires extended school year services, the student's IEP must state that services will be initiated during the summer of the student's third birthday; or

(2) does not require extended school year services, the student's IEP shall state that services will be initiated at the beginning of the upcoming school year.

(Indiana State Board of Education; 511 IAC 7-43-2)

You can find a technical assistance document to help determine the need for extended school year services here. My child DID receive ESY when she was 3 b/c she had a May birthday and would not otherwise receive services in the summer. I felt that gap would result in regression of skills, so she had an ESY program. ESY is NOT just summer school, it is any type of support and/or service that extends beyond the normal school calendar.