The Legal Framework for the Child-Centered Special Education Process

 
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Authorities: 20 U.S.C. §§ 1401, 1412, 1414, 1435, 1436, 1437; 34 C.F.R. Part 300; Texas Education Code; 19 T.A.C. Chapter 89; Auditorily Impaired/Visually Impaired Memorandum of Understanding between the Interagency Council on Early Childhood Intervention and Texas Education Agency (AI/VI MOU ECI & TEA)
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

P
The local educational agency (LEA) must comply with the CHILD FIND framework.


AGE RANGES FOR ELIGIBILITY




P
The LEA must ensure that a free appropriate public education (FAPE) is made available to all eligible children with disabilities ages three through 21. 300.101(a)
89.1035(a)
TEC 29.003(b)
1412(a)(1)(A)


P
The LEA must ensure that a FAPE is made available from birth to children with visual or auditory impairments: 89.1035(b)
TEC 29.003(b)


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P



P



NONCATEGORICAL EARLY CHILDHOOD


P

A child between the ages of three through five may be described as eligible for special education services based on NONCATEGORICAL EARLY CHILDHOOD if framework criteria are met.




INDIVIDUALIZED FAMILY SERVICES PLAN (IFSP)


P
For a child from birth through two years of age with a VISUAL IMPAIRMENT and/or an AUDITORY IMPAIRMENT, an IFSP meeting must be held in place of an admission, review, and dismissal (ARD) committee meeting.  89.1050(b)
1401(15)


P

IFSP has the meaning given the term in the Individuals with Disabilities Education Act (IDEA) Part C.

300.24
1436


P
The LEA must ensure the IFSP contains:  300.323(b)(1)(ii)
1414(d)(2)(B)


D
  • A statement of the infant's or toddler's present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria;
1436(d)(1)


D
  • A statement of the family's resources, priorities, and concerns relating to enhancing the development of the family's infant or toddler with a disability;
1436(d)(2)


D
  • A statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre-literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes of services are necessary;
1436(d)(3)


D
  • A statement of specific early intervention services based on peer-reviewed research, to the extent practicable, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services;
1436(d)(4)


D
  • A statement of the natural environments in which early intervention services must appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment;
1436(d)(5)


P
    • The appropriate instructional arrangement for children from birth through the age of two with visual and/or auditory impairments must be determined in accordance with the IFSP, current attendance guidelines, and the Auditorily Impaired/Visually Impaired Memorandum of Understanding between the Interagency Council on Early Childhood Intervention (ECI) and the Texas Education Agency (TEA);
89.63(d)
AI/VI MOU ECI & TEA


P
    • Home instruction may be used for services to infants and toddlers (zero through two) when determined appropriate by the child's IFSP committee;
89.63(c)(2)(B)


D
  • The projected dates for initiation of services and the anticipated length, duration, and frequency of the services;
1436(d)(6)


D
  • The identification of the service coordinator from the profession most immediately relevant to the infant's or toddler's or family's needs (or who is otherwise qualified to carry out all applicable responsibilities under IDEA Part C) who will be responsible for the implementation of the plan and coordination with other agencies and persons, including transition services; and
1436(d)(7)


D
  • The steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services.
1436(d)(8)


TRANSITION FROM IDEA PART C TO IDEA PART B PRESCHOOL PROGRAMS




P
For children participating in ECI programs assisted under IDEA Part C, and who will participate in preschool programs assisted under IDEA Part B, the ECI and the LEA are responsible for ensuring a smooth and effective transition to those preschool programs. 300.124(a)
1412(a)(9)


P
The ECI lead agency must: 1437(a)(9)(A)(ii)


P
  • Notify the LEA for the area in which such a child resides that the child will shortly reach the age of eligibility for preschool services under IDEA Part B; and
1437(a)(9)(A)(ii)(I)


P
  • In the case of a child who may be eligible for such preschool services:
1437(a)(9)(A)(ii)(II)


P
    • With the approval of the family of the child;
1437(a)(9)(A)(ii)(II)


P
    • Convene a conference among the lead agency, the family, and the LEA not less than 90 days (and at the discretion of all such parties), not more than 9 months before the child is eligible for the preschool services, to discuss any such services that the child may receive.
1437(a)(9)(A)(ii)(II)


P
By the third birthday of such a child, an individualized education program (IEP) or IFSP must be developed and implemented by the LEA for the child. 300.124(b)
1412(a)(9)


P
The LEA must participate in transition planning conferences arranged by the designated lead agency. 300.124(c)
1435(a)(10)
1412(a)(9)


P
In the case of a child who was previously served under IDEA Part C, an invitation to the initial ARD committee meeting must, at the request of the parent, be sent to the IDEA Part C service coordinator or other representatives of the IDEA Part C system to assist with the smooth transition of services according to ARD COMMITTEE MEMBERSHIP and PRIOR WRITTEN NOTICE frameworks. 300.321(f)
1414(d)(1)(D)


IEP




P

The LEA must ensure that an IEP be in effect for eligible children with disabilities on their third birthday in compliance with the ARD COMMITTEE frameworks.

300.101(b)
89.1035(a)


P
If a child's third birthday occurs during the summer, the child's ARD committee must determine the date when services will begin. 300.101(b)


P

The ARD committee must comply with the LEAST RESTRICTIVE ENVIRONMENT framework:




P
  • Home instruction may be used for young children (ages three through five) when determined appropriate by the ARD committee.
89.63(c)(2)(B)


DUAL ENROLLMENT




P
Dual enrollment is when a parent of a child with a disability enrolls the child in both the public and private school. 89.1096(c)


P
To dually enroll, the child must meet the age requirements set forth in the PRIVATE SCHOOLS framework.


P
When a parent wishes to dually enroll his or her eligible child, the LEA must comply with the PRIVATE SCHOOLS framework.

 
 
Last Updated: Wednesday, April 29, 2009
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