TRANSITION TO SCHOOL AGE PROGRAMMING
By Heidi Konkler-Goldsmith, Esq.
McAndrews Law Offices, P.C.
During the child’s last year of Early Intervention programming, a transition process will occur to move the child from their preschool programming to a kindergarten (or first grade) program at their local school district or charter school.
Parents will first be notified that a transition meeting is being scheduled. This meeting is scheduled by the Preschool Early Intervention program sometime before the end February. At this transition meeting, representatives from both the child’s local school district or charter school are required to participate. During the transition meeting, parents will be provided with a form to indicate whether they intend to register their child with the local school district or charter school for the following school year. Once the parents sign this form indicating that they do intend to register, local school districts or charter schools must begin the transition process.
This transition process will involve the local school district or charter school conducting a re-evaluation and developing an IEP to be implemented in the local school district or charter school. By April 15th of the year the child is to transition, the local school district or charter school will notify the parent, in writing, indicating whether it is seeking: 1) a full reevaluation, 2) a reevaluation consisting of solely reviewing existing data, or 3) seeking a waiver of the required reevaluation, as federal regulations do allow the local school district or charter school, with the agreement of parent, to waive the required reevaluation and agree to continue to implement the existing IEP or implement the existing IEP with revisions.
While the local school district or charter school may conduct a reevaluation consisting solely of a review of existing data, if the local school district or charter school review of existing evaluation data determines that additional data is needed, the local school district or charter school should conduct a full reevaluation and conduct additional assessments. These additional assessments should be conducted and a Reevaluation Report issued within 60 calendar days of the date the school district or charter school receives parental consent (not including days in the summer). An IEP meeting is then held within 30 calendar days of the Reevaluation Report, and a new IEP and NOREP are issued.
A child who is eligible for special education in Preschool Early Intervention remains eligible for special education in their local school districts or charter schools unless the school district, charter school or Preschool Early Intervention Program completes a reevaluation and determines the child is no longer eligible for special education. If a child is determined to be no longer eligible for special education services, the local school district, charter school, or Preschool Early Intervention programs must issue a NOREP indicating that it is seeking to exit the child. If the parent disagrees with exiting the child and initiates a due process hearing, the child has pendency in the Preschool Early Intervention IEP. Pendency in this case means that the child will continue to receive the services described in the Preschool Early Intervention IEP pending completion of administrative or judicial proceedings.