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RULE §350.1207Transition Planning

(a) Transition planning is a process that involves developing and updating appropriate steps and transition services:

  (1) jointly with families; and

  (2) based on recommendations from the Individualized Family Service Plan (IFSP) team.

(b) All transition activities must be documented in the child's record.

(c) The IFSP must contain an appropriate general transition statement.

(d) The contractor must conduct a meeting, which includes the parent, in accordance with 34 CFR §303.342(d) and (e) and §303.343(a), to plan appropriate steps and transition services in the IFSP.

  (1) Except as provided in subsections (f) - (g) of this section, the meeting to plan and document appropriate steps and transition services in the IFSP must be conducted not fewer than 90 days, and at the discretion of all parties, not more than nine months before the child's third birthday. If the child is referred and determined to be eligible more than 45 but less than 90 days before the child's third birthday, appropriate steps and transitions services must be included in the child's initial IFSP.

  (2) If transition planning occurs at a periodic review instead of an initial or annual IFSP meeting, the meeting must meet the requirements in 34 CFR §303.342(d) and (e) and §303.343(a).

  (3) The appropriate steps and transition services that the IFSP team plans at the meeting must be documented in the IFSP and must include:

    (A) timelines and responsible party for each transition activity;

    (B) discussions with and training of parents, as appropriate, regarding future placements and other matters related to the child's transition;

    (C) procedures to prepare the child for changes in service delivery, including steps to help the child adjust to and function in a new setting;

    (D) the family's choice for the child to transition into a community or educational program or for the child to remain in the home;

    (E) identification of appropriate steps and transition services, deemed necessary by the IFSP team, to support the family's exit from early childhood intervention services to Local Education Agency (LEA) special education services or other appropriate activities, places, or programs the family would like the child to participate in after exiting early childhood intervention services;

    (F) confirmation that the transition notification, which requires child find information to be transmitted to the LEA or other relevant agency, has occurred;

    (G) program options, if the child is potentially eligible for special education services, for the period from the child's third birthday through the remainder of the school year; and

    (H) for children who are likely to be eligible for long-term specialized services and supports, information on Texas Medicaid waiver programs for people with disabilities or special health care needs, including information on how to add children to the waiver interest lists.

(e) The child's planned steps and transition services must be updated and documented in the IFSP anytime the:

  (1) IFSP team identifies new appropriate steps and transitional services; and

  (2) parent's goals for the child evolve and change.

(f) At any time during the child's enrollment in early childhood intervention services, the IFSP team must, upon parental request, meet to plan steps to support the child and family to transition:

  (1) from one contractor to another contractor;

  (2) from one family setting to another family setting; or

  (3) when the family is moving out of state.

(g) If the child is referred fewer than 45 days before the child's third birthday, the IFSP team is not required to plan steps and transition services. If the child is potentially eligible for preschool special education services, the contractor must, with written parental consent, refer the child directly to the LEA as soon as possible.

(h) The contractor must comply with all requirements in Subchapter B of this chapter (relating to Procedural Safeguards and Due Process Procedures).

Source Note: The provisions of this §350.1207 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; amended to be effective March 17, 2022, 47 TexReg 1277

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