How to Make the Transition
Program for Early Intervention
A child must either (1) have a developmental delay that meets the State definition of developmental delay or (2) have a diagnosed condition that has a high likelihood of causing a developmental delay in order to qualify for EIP treatment.
Developmental delay is described in EIP regulations 10 NYCRR Section 69-4.1(g) as follows: “Developmental delay refers to a child not having reached developmental milestones in one or more of the following areas of development: cognitive, physical (including vision and hearing), communication, social/emotional, or adaptive development for the child’s chronological age adjusted for prematurity.
Why an IEP is Important
For the purposes of the EIP, a developmental delay is defined as one that is at least one of the following: a 12 month delay in one functional area; a 33 percent delay in one functional area; a 25 percent delay in each of two areas; or, if appropriate standardized instruments are administered individually during the evaluation process, a score of at least one “
According to the EIP regulations’ Section 69-4.3(e), diagnosed conditions with a high probability of delay include chromosomal abnormalities linked to developmental delays (such as Down syndrome), syndromes and conditions linked to delays in development (such as fetal alcohol syndrome), neuromuscular disorders (such as cerebral palsy, spina bifida, microcephaly, or macrocephaly), and clinical evidence of central nervous system abnormalities.
The International Classification of Diseases (ICD-9) codes for a number of diagnoses with a high likelihood of developmental delay were included in the NYS DOH’s 1999 guidance on these disorders, which should be utilized to determine eligibility.
Special Education Programs and Services for Preschoolers
A preschool student with a disability is defined by the Education Law and Regulations as having either the following disorder or disability in one or more functional areas of development (Part 200.1(mm)) or a specified condition (Part 200.1(zz)):
When a kid displays a severe delay or dysfunction in one or more functional areas connected to cognitive, language and communication, adaptive, socioemotional, or motor development, which negatively impacts the student’s capacity to learn, the child is said to have a disability. When reviewed collectively and compared to recognized milestones for child development, the results of the individual evaluation, which may include but is not limited to information in all functional areas obtained from a structured observation of a student’s performance and behavior, a parent interview, and other individually administered assessment procedures, must indicate: a 12 month delay in one or more functional areas; or
Preschoolers who meet the requirements for the following disability classifications in the Part 200 regulations can be labeled as preschool students with disabilities: autism; deafness; deaf-blindness; hearing impairment; orthopedic impairment (caused by congenital anomalies, disease, or impairments from other causes); other health impairments (including but not limited to heart condition, tuberculosis);
In order to be eligible for services under Section 4410 of the Education Law, children must have a significant developmental delay that negatively affects the child’s capacity to study. If a child can be identified as having one of the aforementioned disabilities and it has been demonstrated that the handicap has a negative impact on the child’s capacity to learn, the child may also be eligible.
EI to CPSE transition: things to consider
Notifying CPSE of Potential Transition: What’s the Best Choice for the Child?
Early Assistance Officials are specifically tasked in the PHL with informing school districts of children who may be eligible for services under Section 4410 of the Education Law, with parental approval, and with setting up transition conferences for these kids and their families. A referral to the CPSE may not be necessary for children who make considerable progress in EI and do not require special education services.
Every parent has the right to request that their kid be evaluated for special education services and programs in the school district where they live. Additionally, service providers and other referral sources recognized by the Education Law may submit a direct reference to the child’s school district on behalf of a child who may require special education programs and services.
The Child’s Progress: A Review
The child’s progress should be reviewed by the EIO, service coordinator, service providers, and parent(s) as the child gets closer to the age at which s/he becomes eligible for services under Section 4410 of the Education Law. When determining whether to refer a child enrolled in the Early Intervention Program for assistance under Section 4410 of the Education Law, the following factors should be taken into account:
the child’s functional abilities and needs; the nature and severity of the child’s disability, including whether the child has a condition that affects their capacity to learn; the child’s developmental progress and whether they are still experiencing significant developmental delays (or delays in multiple areas) that affect their capacity to learn; the child’s developmental and functional status; and the family’s perspective on the child’s development and capacity.
Get your Transition Conference notices in on time!
According to Section 2548 of the PHL and Section 69-4.20(b) of the EIP regulations, the EIO must notify the school district where a child resides, with parental permission, of the child’s potential eligibility for services under Section 4410 of the Education Law at least 120 days before the child first becomes eligible for those services. A transition conference between the EIO, service coordinator, parent, and the chair (or her/his designee) of the CPSE must also be organized by the EIO with parental consent at least 90 days prior to the child’s first eligibility for services under Section 4410 of the Education Law, or the child’s third birthday, whichever comes first. It may be appropriate to invite representatives of that agency, with the parent’s permission, if the child is already receiving services from that agency or may require additional services from that agency (for instance, if the child is enrolled in an Office for People With Developmental Disabilities (OPWDD) waiver program or may be eligible for services under OPWDD).
The holding of the transition meeting, notification of the CPSE of the child’s possible eligibility for services under Section 4410 of the Education Law, and referral to the school district all require parental approval.
The parent(s) have due process rights under the EIP if the EIO fails to ensure that the school district is informed of the child’s potential eligibility for services under Section 4410 of the Education Law and a referral is not made to the CPSE within the necessary timeframes to ensure an eligibility determination is made by the CPSE before the child turns three. Up until the conclusion of all due process procedures, the child should continue to receive the services listed in the most current IFSP. However, if parents refuse to give timely assent to an EIO referral to the CPSE and refuse to give timely approval for the CPSE to evaluate the child, there are no due process protections for parents under the EIP. A list of the parent consents needed for the transition process is provided in Appendix E, together with sample consent forms for significant transitional events.
Children may be grouped by the month in which their birth dates fall for managing the notification and transition conference obligations at the municipal level, provided that notices are received and transition conferences are scheduled within the necessary deadlines. The eligibility and transition dates are outlined in the chart in Appendix F.
The chair of the CPSE, or his or her designee, is required by Section 4410 of the Education Law to take part in transition conferences held by the EIO for kids who might be eligible for services under that section. The CPSE chair or designee should be invited to attend the conference, and the session’s date, time, and venue should be specified in the notice to the school district. The CPSE chair or designee should also be made aware that, in the event that they are unable to attend in person, they may participate by phone in the conference.
The Transition Conference’s objectives and content
Investigating the Best Programs for Transition
The transition conference aims to assess program alternatives available to the child and family, prepare a transition plan, and determine whether the child should be sent to preschool special education programs and assistance under Section 4410 of the Education Law. Before a transition meeting is held, there may be some instances in which a child is sent to the CPSE. Even if the child has previously been recommended for services under Section 4410 of the Education Law, the parent must be given the chance to take part in a transition meeting.
In this conversation, parents should be made aware of the following:
The EIO is responsible for ensuring that children who may qualify for services under Section 4410 of the Education Law are sent to the CPSE of the school district where they attend, with parental permission.
In accordance with the Education Law, the parent, as well as service providers and other referral sources (such as healthcare professionals), may also recommend the kid to the CPSE directly.
In order to guarantee the continuation of services past the child’s third birthday, the kid must be found to be eligible for services under Section 4410 of the Education Law before that age.
Following receipt of a referral from the EIO, the parent, a service provider, or any other referral source permitted by the Education Law, the CPSE will get in touch with the parent to tell them of the CPSE evaluation procedure.
In order for the CPSE to evaluate the kid and establish whether or not the child qualifies for services under Section 4410 of the Education Law, the parent’s permission is required. For the child to continue receiving EIP services, this consent to evaluate the kid must be given to the CPSE in time for the child to be reviewed and eligibility determined before the child turns three. The parent must be informed by the EIO that the CPSE must acquire the permission as soon as possible in order for the CPSE to make an eligibility decision before the kid turns three.
After receiving parental approval, the CPSE has 30 school days to evaluate the kid and make a recommendation to the board of education.
The CPSE must follow up with the parent to make sure they have received and comprehend the request to evaluate the kid if the parent does not fill out and return the consent form for the examination of the child.
CPSE: The Transition Meeting and Parental Agreement
With parental permission, the most recent EIP evaluation report for the child, along with other EIP evaluation and assessment records, can be given to the CPSE and are an important tool for CPSE members to use when determining the kind and scope of evaluation required to determine a child’s eligibility for services under Section 4410 of the Education Law. Parents should be urged to collaborate with their service coordinator to find and pick relevant reports and documents that may be useful in the CPSE’s evaluation and eligibility determination process, and to provide the CPSE their permission to transmit these records. Before transferring to preschool special education, re-evaluation of the children by the EIP is not essential nor obligatory. This clause aims to cut down on pointless or redundant child evaluations.
The parent has two options if their kid is found to be in need of services under Section 4410 of the Education Law before turning three: they can move the child into special education preschool programs and services, or they can decide to keep them in the EIP until they reach adulthood.
Is Parental Participation in Preschool Special Education Optional?
Similar to EIP services, parental participation in the child’s participation in preschool special education programs and services is entirely optional.
The child and family’s involvement in the EIP will stop at the child’s third birthday if no referral is made, the kid is not evaluated, and no eligibility determination is made as a result for assistance under Section 4410 of the Education Law before the child turns three. The child and family’s participation in the EIP ends at the kid’s third birthday if the parent fails to timely sign and send the consent to the child’s evaluation to the CPSE, which prevents the CPSE from making an eligibility determination before the child turns three. A transition strategy will be created, and it can call for referring people to alternative providers (e.g., Head Start, other early childhood programs). The day before the child’s third birthday will mark the IFSP’s final day of services.
The child’s eligibility for the EIP will expire at the age of three if the CPSE determines that Section 4410 of the Education Law does not apply to them, and a transition plan to other suitable early childhood and supportive services will be created. The day before the child’s third birthday will be the final day for services under the IFSP.
The kid’s eligibility for the EIP will cease at age three if the parent timely signed and delivered the consent to the child’s evaluation to the CPSE and the CPSE does not determine eligibility before the child turns three. The day before the child’s third birthday will be the final day for services under the IFSP. While a decision from the CPSE is pending, the parent has the right to seek preschool special education services under Section 4410 of the Education Law.
The transition of a child from the EIP to preschool special education is greatly influenced by the parents. In accordance with Section 4410 of the Education Law, it is crucial that parents actively assist their children in making the transition from the Early Intervention Program to preschool special education programs and services. Parents should take advantage of the transition conference to learn about all their options and get involved in the transition process. The EIO should advise the parent in writing of all the aforementioned details that would ordinarily be covered at the transition conference, even if the parent decides not to attend the transition conference. Appendix G contains a sample notification.
How to Refer a Child to the Preschool Special Education Committee
A formal request for the school system to assess the kid to determine whether he or she requires special education services is known as a referral to CPSE. The parent, a physician, a judge, a designated individual in a government institution, a representative from an Early Childhood Direction Center, a preschool program that has received approval, or a representative from the EIP are just a few of the people who can refer a child to the CPSE. Parental approval is necessary before the child can be evaluated after the referral has been made.
If it is decided to refer the child to the CPSE during the transition meeting and the parent agrees,
If it is decided to refer the child to the CPSE during the transition meeting and the parent agrees, the EIO must refer the child in writing to the CPSE chairperson in the school district where the kid resides. If the parent abstains from the transition meeting, the EIO is still obligated to submit the child to the CPSE with parental permission if the EIO thinks the child may qualify for services under Section 4410 of the Education Law. The amount of EIP services the child had previously received must be specified in the recommendation.
A CPSE chairman who receives a referral is required to contact the parent as soon as possible by phone or in writing to inform them that a referral has been received and to obtain their permission to evaluate the child. The parent must give written permission to the CPSE in order for the CPSE to conduct the evaluation. It is crucial for parents to react as soon as possible with written agreement to the evaluation of their children in order for the CPSE to be able to determine the children’s eligibility before their third birthday. This will help prevent unneeded disruption of programs and services.
The CPSE must ensure that the process to establish a child’s eligibility and need for special education programs and services is started and finished in time for kids to start receiving services on their third birthday or the first date of eligibility, whichever comes first, once the CPSE has received written parental consent to evaluate a child.
If the parent declines to give consent for a specific preschool evaluation, the CPSE must contact the parent again to be sure they have received and comprehended the request for consent. The CPSE and service coordinator should inform the parent that the child and family’s participation in the EIP will end on the child’s third birthday and a transition plan will be developed, which may include referral to other services, if parental consent is not given in time for an evaluation and eligibility determination by the CPSE before the child turns three (e.g., Head Start, other early childhood services).
Process of CPSE Evaluation
A parent will be requested to provide written authorization to have their kid examined by an approved evaluator of their choosing once the child has been referred for a special education examination. The CPSE chair or his or her designee will also give the parent a copy of the Procedural Safeguard Notice, which fully explains their rights under IDEA. The CPSE must meet to examine the results of the evaluation and make a recommendation regarding the preschool child’s eligibility for special education programs and services within 30 school days of receiving the parent’s agreement for the child’s evaluation. According to Section 200.1(mm) of the Regulations of the Commissioner of Education, eligibility is assessed. Visit the “Guide for Determining Eligibility for Preschool Special Education Programs and/or Services for Preschool Students with Disabilities” for more details on eligibility determinations and parental rights (available on the SED Web site, www.vesid.nysed.gov).
It is crucial for the parent of the child to comprehend that they are a part of the school district’s CPSE for their child. Parents are heavily involved in the child’s evaluation, the CPSE’s discussion of preschool special education eligibility, and the design and creation of the child’s individualized education program (IEP). The child’s strengths, needs, likes, dislikes, and usual behavior with relation to self-care, language and communication, motor abilities, and social interaction with peers and adults can all be discussed by parents, along with the child’s development, health, and family history.
It is significant to note that the CPSE may consider some or all of the evaluations conducted under the EIP, with parental approval, in determining whether a child qualifies for preschool special education programs and assistance under Section 4410 of the Education Law. The CPSE may decide the evaluation is adequate to determine eligibility or may decide to request more evaluations.
: A Look At The Requirements For A CPSE Evaluation
The day before the child turns three, if the CPSE judges that a child is not eligible for services under Section 4410 of the Education Law, that child will lose access to the EIP, and a transition plan to alternative early childhood and supportive services will be created. Parents should raise their concerns with the CPSE if they disagree or if it takes too long to make a recommendation. Additionally, for more information and technical support, parents and school districts can get in touch with the regional offices of the Office of Vocational and Educational Services for Individuals with Disabilities (VESID) Special Education Quality Assurance (see Appendix H for contact information). If informal dispute resolution is not possible, mediation may be employed to quickly settle issues. Additionally, parents have the right to write to the BOE and request an impartial hearing. Unless parents or the school district request a review of the judgment by a State Review Officer, the impartial hearing officer’s (IHO) decision is considered final.
Pendency for the child is an approved preschool special education program and/or services agreed to by the CPSE and the parents, appropriate to meet the child’s needs (Section 200.16(g)(3)(iv) of the Regulations of the Commissioner), until all proceedings have been concluded. The placement of the child will be decided by the IHO if the CPSE and the parents are unable to come to an agreement. Only if the early intervention program is also an authorized preschool program is it possible for a child who has received Early Intervention Services and is now of preschool age to receive special education during hearings and appeals in the same program as the early intervention program.
Parents may file a formal complaint with the New York State Education Department, Coordinator, Statewide Education Quality Assurance, if they believe that their school districts have violated policies outlined in State or federal special education laws and regulations (see Appendix H). Unless there are extraordinary circumstances pertaining to the particular complaint, complaints are looked into and decisions are taken within sixty calendar days of receipt.
If a child is determined to be eligible for preschool special education programs and services, the parent must be notified that the child may transfer to those programs and services or remain in the EIP after turning three years old until they reach adulthood. The CPSE is in charge of setting up the provider(s) to offer the preschool special education programs and services for the child when they transition to preschool special education programs and services in his or her IEP.
IEPs and IFSPs Still Available for Preschoolers After Third Birthday
IEPs and IFSPs for Kids Who Qualify for Preschool Special Education Programs and Services Still Available in the EIP After Third Birthday
The committee must suggest suitable special education services and/or programs and create an individualized education program (IEP) for the preschooler in compliance with State and federal laws and regulations if the CPSE concludes that the child has a disability. Regardless of whether the parent chooses for the child to transition to services under Section 4410 of the Education Law or remain in the EIP on and after the kid turns three, an IEP must be created for every child found to be eligible for preschool special education programs and services. Based on the agreement made by the CPSE and the child’s initial eligibility for preschool special education, the CPSE must specify in the IEP the date for the start of special education programs and services.
The CPSE may take into account a variety of special education programs or services while creating the IEP in order to best meet the requirements of the child. The least restrictive environment must be taken into account when implementing the suggestion for special education services. Following is a list of the four learning settings, in decreasing order of degree of restriction:
associated services such occupational, physical, and speech therapy.
A special education teacher works with a child in a community or home setting that has been suggested by the CPSE (special education itinerant teacher, or SEIT).
A special class with preschoolers with impairments and their generally developing peers is known as a “integrated setting” (SC/IS).
A Special Class for Preschoolers with Disabilities Only
A special class (SC) is a group of preschoolers with disabilities only.
The committee shall explore offering special education services in a setting where age-appropriate peers without disabilities are normally present before proposing special education services in a setting that only includes preschool children with disabilities. When the nature or severity of the child’s disability is such that education in a less restrictive environment, with the use of supplemental aids and services, cannot be achieved satisfactorily, the provision of special education services in a setting without regular contact with age-appropriate peers without disabilities must be documented on the child’s IEP.
Parents have the right to voice preferences for services during the CPSE process, and their preferences must be taken into account. However, the CPSE must suggest suitable programs and services for each eligible kid based on the members’ consensus. If the CPSE suggests programs and services other than what the parents requested, the proposal must state the parent’s preference as well as the CPSE’s reasoning. Additionally, parents must be informed of their entitlement to due process, including how to oppose the CPSE’s recommendation and how to learn about the actions the CPSE will take.
The CPSE (which includes a professional selected by the EIO responsible with overseeing the child’s transition from the EIP) must communicate the following to the child’s parent at the time the IEP is created:
The IEP’s and IFSP’s differences.
The parent can decide whether they want their child to finish the transition to preschool special education programs and services under the IEP or whether they want them to keep receiving the services under the IFSP for the child and family until they are no longer considered to be of an age to qualify for the EIP.
CPSE makes it easier for parents to choose
The CPSE must state on the IEP whether the parent wants the child to transition to services under Section 4410 of the Education Law or continue receiving services in the child’s and family’s IFSP until the child is no longer age-eligible for the EIP, as well as the date special education programs and services will begin based on the CPSE’s agreement, the date the child is first eligible for preschool special education, and more.
The child’s transition from EIP services to preschool special education programs and services will be outlined in the amended IFSP.
The child may be transitioned to services under Section 4410 of the Education Law by the parent at any time, even before the IEP’s start date.
The board of education must make arrangements for the child to start receiving the suggested special education programs and services commencing with the program’s approved July, September, or January commencement date after receiving the CPSE’s recommendation. The services must, however, be delivered no later than 30 school days following the recommendation if the CPSE’s recommendation is issued less than 30 school days before or after the July, September, or January starting date. The BOE must make arrangements for the child to begin receiving programs and services on the date suggested by the CPSE in order to prevent a gap in services for those children who will remain in the EIP on and after their third birthday.
CPSE and Annual Review: A Look at Your Child’s Progress
When creating a child’s IEP, parents and the CPSE must decide how and when to update the parents on the child’s development. Progress reports must be given at least as frequently for non-disabled students enrolled in a regular education program in the student’s school district once the child moves to preschool special education programs and supports. Regular phone calls from the child’s teacher or service provider, notes and comments in a shared notebook, or formal progress reports that describe the child’s progress toward IEP goals and indicate whether the child is anticipated to meet those goals by the target date are all acceptable ways to report progress.
IEPs for kids need to be reviewed at least once every year. To discuss a child’s development or to review a child’s program, parents, the school district CPSE, or the provider of the preschool program may also request a meeting at any point during the academic year.
Children in the Early Intervention Program who are in foster care must follow all of the transitional steps outlined above (EIP). However, the local social services commissioner in charge of the child for foster children must be involved in the transition planning process (i.e., the local social services commissioner who has the care and custody or custody and guardianship of the child). If the child requires a referral for services under Section 4410 of the Education Law, the local social services commissioner should be invited to take part in the evaluation of the IFSP and, if necessary, the child’s transition conference.
It’s also critical to remember that, in some cases, the EIO or Committee on Preschool Special Education may need to appoint a surrogate parent for a child in foster care (CPSE). For the purposes of providing services under Section 4410 of the Education Law, the CPSE may continue to use the surrogate parent who the EIO selected to represent a child in foster care, or it may be necessary for the CPSE to choose a different surrogate parent. For the purposes of the Early Intervention Program and preschool special education programs and services, a surrogate parent who has been designated by the EIO or the CPSE is given all the rights and obligations of the child’s parent.