Ind. Admin. Code tit. 511, r. 7-43-2 – Transition from early intervention services (Part C) to early childhood special education (Part B)

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 seq., 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; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)