| (a) The IFSP team determines whether a child is potentially
eligible for special education services. The IFSP team's decision
regarding a child's potential eligibility for special education services
is documented in the child's record.
(b) If the parent gives approval to convene the LEA
Transition Conference, the contractor must:
(1) meet the requirements in 34 CFR §303.342(d)
and (e) and §303.343(a), which requires:
(A) the face-to-face attendance of the parent and the
service coordinator; and
(B) at least one other ECI professional who is a member
of the IFSP team who may participate through other means as permitted
in 34 CFR §303.343(a)(2);
(2) send an invitation at least 14 days in advance
to the appropriate representatives for the LEA which serves the area
where the child resides;
(3) conduct the LEA Transition Conference at least
90 days before the child's third birthday. At the discretion of all
parties, the conference may occur up to nine months before the child's
third birthday; and
(4) document the date of the conference in the child's
record.
(c) The contractor must conduct the LEA Transition
Conference, even if the representatives for the LEA which serves the
area where the child resides do not attend, and provide the parent
information about preschool special education and related services,
including a description of the:
(1) eligibility definitions;
(2) timelines;
(3) process for consenting to an evaluation and eligibility
determination; and
(4) extended year services.
(d) The contractor is not required to conduct the LEA
Transition Conference for children referred to the contractor's ECI
program less than 90 days before the child's third birthday.
(e) The 14-day timeline for inviting the LEA representative
may be changed by written local agreement between the LEA and the
contractor. If the contractor becomes aware of a consistent pattern
of the LEA representative not attending transition conferences, the
contractor must make efforts to meet with the LEA to reach a cooperative
agreement to maximize LEA participation. One option is to encourage
the LEA representative to participate in the meeting by phone if unable
to attend the meeting in person.
(f) If the parent gives approval to have an LEA Transition
Conference, but does not give written consent to release records to
the LEA, then the contractor may only release limited personally identifiable
information to the LEA. With written parental consent, other personally
identifiable information may be released to the LEA.
|
| Source Note: The provisions of this §350.1217 adopted to be effective May 1, 2014, 39 TexReg 3445; amended to be effective June 30, 2019, 44 TexReg 3280; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941 |
