(a) Applicability.

1. (1) These rules apply only to the transition of eligible children with disabilities from the Early Childhood Special Education Program to school-aged programs upon eligibility for school entry at age five (5).
2. (2) Participation in the Early Childhood Special Education Program does not make a child with disabilities automatically eligible for special education and related services upon entry to a school-aged program.
3. (3) One (1) purpose of the transition process is to determine the continued eligibility of a child with disabilities exiting the Early Childhood Special Education Program in order for the child to receive special education and related services in the school-aged program.

(b) General.

1. (1) Transition from the Early Childhood Special Education Program to the school-aged program will occur upon the child attaining the age of five (5) and becoming eligible for kindergarten enrollment.
2. (2) A child with disabilities exiting the Early Childhood Special Education Program may receive special education and related services in the school-aged program only if the child is determined to be a child with a disability under the Division of Elementary and Secondary Education’s eligibility criteria governing school-aged programs.
3. (3) The pretransition process will begin in January prior to the child enrolling in kindergarten.
4. (4) Beginning in January of each year, the Early Childhood Special Education Program will notify each LEA of the preschool children with disabilities in the LEA’s jurisdiction that will be eligible to enter kindergarten the following school year, in order to begin transition planning for each child.

5. (5) Upon receipt of notice of a child’s impending transition from the Early Childhood Special Education Program to the school-aged program, a transition team will meet to define the:

   1. (A) Activities that will take place throughout the transition process;
   2. (B) Time frames in which these activities must be accomplished; and
   3. (C) Person or persons responsible for carrying out these activities.

6. (6) At a minimum, the transition team will consist of the following individuals:

   1. (A) The parent or parents;
   2. (B) A representative of the Early Childhood Special Education Program; and
   3. (C) A representative of the LEA where the child will enter the school-aged program.

7. (7)

   1. (A) Responsibility for implementing the transition guidelines established by the Division of Elementary and Secondary Education is jointly shared by the Early Childhood Special Education Program and the LEA.
   2. (B) Failure on the part of either party to implement the guidelines will result in a finding of noncompliance for the nonparticipating party.