Statutes, codes, and regulations
Colorado Administrative Code
Department 1400 - Department of Early ChildhoodDivision 1405 - Early Intervention Colorado Program
Rule 8 CCR 1405-1 - EARLY INTERVENTION RULES AND REGULATIONS
Section 8 CCR 1405-1-5.118 - TRANSITION STEPS AND SERVICES

8 Colo. Code Regs. § 1405-1-5.118

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Current through Register Vol. 47, No. 20, October 25, 2024
Section 8 CCR 1405-1-5.118 - TRANSITION STEPS AND SERVICES

This rule is promulgated pursuant to section 26.5-3-404, C.R.S.

A. The service coordinator shall, prior to notifying the Special Education Administrative Unit in which a child who is potentially eligible for preschool special education services resides and the Department of Education, inform the parent or guardian of the opt-out policy, as defined in Rule 5.118(B).
1. If a parent or guardian chooses to opt out of having their child's information sent to the Administrative Unit and the Department of Education for notification, the following shall occur:
a. The state form shall be completed to indicate that the parent or guardian has signed a written request to withhold notification and is submitted by the parent or guardian to the Certified Early Intervention Service Broker within ten (10) calendar days of the date delineated on the form; and
b. The state form shall become part of the child's record.
2. A parent or guardian may revoke their choice to opt out at any time by providing written notice to the Certified Early Intervention Service Broker.
B. For the purpose of transition planning, the opt-out policy refers to the procedural safeguard provided to a parent or guardian to prevent, through written request, the transmittal of personally identifiable information about their child and family, as defined in Rules 5.103 and 5.118, to the Administrative Unit and the Department of Education, at the time that a child is approaching three (3) years of age.
C. For the purpose of transition planning, a child who is potentially eligible for preschool special education services is defined as a child who is enrolled in early intervention services, and who:
1. Has not met all outcomes on their Individualized Family Service Plan; and/or
2. Is demonstrating a delay in any developmental domain, based on the expertise of a member of the Individualized Family Service Plan team.
D. A Certified Early Intervention Service Broker service coordinator shall notify, using the state form, the Administrative Unit of a child who is potentially eligible, unless a parent or guardian has signed the opt-out policy statement. The following information will be provided:
1. The child's first, middle and last name, date of birth, parent or guardian contact information including name(s), address(es) and telephone number(s), will be provided:
a. Not fewer than ninety (90) days and not more than nine (9) months prior to the child's third (3rd) birthday for any child with an active Individualized Family Service Plan; or
b. As soon as possible for a child determined eligible fewer than ninety (90) days and more than forty-five (45) days prior to the child's third (3rd) birthday.
2. If a child is referred to the Certified Early Intervention Service Broker fewer than forty-five (45) days prior to the child's third (3rd) birthday and the child may be eligible for preschool special education services, the Certified Early Intervention Service Broker, with written parental consent, shall refer the child to the Administrative Unit in which the child resides.
E. A Certified Early Intervention Service Broker service coordinator shall provide the Administrative Unit, with written parental consent, current information for a child who is potentially eligible regarding the child's early intervention services, including assessment information, and a copy of the most current Individualized Family Service Plan.
F. A Certified Early Intervention Service Broker service coordinator shall establish a transition plan within an Individualized Family Service Plan to support a smooth transition:
1. Not fewer than ninety (90) days, and at the discretion of all parties, not more than nine (9) months prior to the child's third (3rd) birthday; or
2. As soon as possible for a child referred at a later age whose eligibility was established and an Individualized Family Service Plan was developed fewer than ninety (90) days and more than forty-five (45) days prior to the child's third (3rd) birthday.
G. The transition plan shall be developed with the family and shall include, at a minimum, the following:
1. A description of transition steps and services the Individualized Family Service team determines necessary to support a smooth transition from early intervention services to preschool special education services, under Part B of the Individuals with Disabilities Education Act, which is discussed in Rule 5.104, or other appropriate services; and
2. A description of transition steps includes:
a. As appropriate, how the child and their family will exit from early intervention services;
b. How a parent or guardian shall be informed of and included in the transition process, including a review of the future placements and program options for the child from the child's third (3rd) birthday through the remainder of the school year;
c. Confirmation by the Certified Early Intervention Service Broker that the basic personally identifiable information, discussed in Rule 5.118, has been transmitted to the Administrative Unit;
d. With parental consent, confirmation of the transmission of additional information needed by the administrative unit to ensure continuity of services from early intervention services to Part B preschool special education services, including a copy of the most recent evaluation and assessments of the child and the family, and the most recent Individualized Family Service Plan;
e. Procedures to prepare a child for changes in service delivery and strategies to help a child adjust to and function in a new setting; and
f. Any transition services and other activities that the Individualized Family Service Plan team identifies as needed by the child, or their family, to support the transition of the child.
H. With documented verbal or written parental approval, a transition conference shall be convened no later than ninety (90) days and, at the discretion of all participants, no earlier than nine (9) months prior to a child's third (3rd) birthday.
1. For a child who is potentially eligible, the participants at a transition conference shall include:
a. A parent or guardian of a child who is approaching three (3) years of age;
b. The service coordinator; and
c. Representative(s) from the administrative unit.
2. If a representative of the Administrative Unit does not attend the transition conference for a child who is potentially eligible, the Certified Early Intervention Service Broker service coordinator shall conduct a transition conference as scheduled.
3. A Certified Early Intervention Service Broker service coordinator shall make reasonable efforts to convene a transition conference for a child who is not potentially eligible for preschool special education services to discuss appropriate services that the child may receive, with the documented verbal or written approval of the parent or guardian. The following participants shall attend the conference:
a. Parent or guardian of a child who is approaching three (3) years of age;
b. Service coordinator; and
c. Providers of other appropriate services.
I. If the transition conference is held in combination with the Individualized Family Service Plan meeting to develop the transition plan, the requirements of Rules 5.118(F)-(H), shall be met.
J. A Certified Early Intervention Service Broker shall terminate early intervention services for a child whose parent or guardian elects to begin IDEA Part B preschool special education services provided through an Individualized Education Program prior to the child's third (3rd) birthday in lieu of receiving IDEA Part C early intervention services.
K. Extended Part C Option

Definitions: For purposes of this Extended Part C Option, Part C Entity references early intervention services (EIS) provider and Special Education Administrative Unit represents the local education agency (LEA).

1. The Extended Part C Option under IDEA Section 635(c) and 34 C.F.R § 303.211 applies to children who:
a. Are eligible for Early Intervention Part C;
b. Are eligible for Part B preschool special education services under section 619 of the Individuals with Disabilities Education Act; and
c. Turn age three (3) between May 1 and the beginning of the school year for the first year of implementation. The eligible birth date range may be reconsidered on an annual basis to include earlier birthdates (with a range between January 1st and May 1st), based on available funding, and will be communicated to stakeholders on the early intervention website by August 1st for the following calendar year. (For example, if the eligible birth date range for 2023 would be April 1, 2023 until the school year begins in 2023, the Department will post on its website no later than August 1, 2022).
d. For parent or guardians who elect this option, the Extended Part C Option will be available from the eligible birth date until the beginning of the school year after the child's third (3rd) birthday.
2. The Department is implementing the Extended Part C Option in collaboration with the Colorado Department of Education for those children and their families who meet the criteria for Extended Part C and ensures that:
a. The requirements under IDEA sections 612(a)(7) (State eligibility), 616 and 642 (Monitoring, technical assistance, and enforcement), 618 (Program information), 632(5)(b) (Definitions) and 635(c) (Requirements for statewide system) as well as implementing regulations in 34 C.F.R. § 303.21(c) (Definition of infant or toddlers with a disability), §303.209 (Transition to preschool and other programs), §303.211 (State option to make services under this part available to children ages three (3) and older), §303.340-344 (Individualized family service plan), will remain in effect for all children over age three (3) when a parent or guardian consents to the Extended Part C Option. The right of any child to receive a free appropriate public education under Part B is not affected by this policy.
b. All early intervention services outlined in the child's Individualized Family Service Plan will continue while any eligibility determination is being made for Part B preschool special education services.
c. Parents or guardians receive a written explanation of:
(1) The rights of parent or guardians to elect to receive early intervention services pursuant to section 635(c) and 34 C.F.R. § 303.211 under the Part C Extended Option or to receive free and appropriate public education under Part B;
(2) The differences between the supports provided pursuant to Section 635(c) and 34 C.F.R. § 303.211 and services provided under Section 619 (Preschool special education), including:
(1) types of services and the locations at which the services are provided;
(2) applicable procedural safeguards; and
(3) possible costs, if any, to parents or guardians of children eligible under Part C (including any fees to be charged to families as described in Section 632(4)(b)), 34 C.F.R. § 303.209(f)(2);
(3) During transition planning and while enrolled in the Extended Part C Option, Part C procedural safeguards will apply. For disputes regarding Part B eligibility, Part B procedural safeguards will apply; and
(4) IDEA Part C services such as service coordination and the differences between IDEA Part B (free and appropriate public education in the least restrictive environment) and IDEA Part C early intervention services in natural environments which include the home and community settings with nondisabled peers.
3. The Extended Part C Option will be provided at no cost to families and will be funded using the following as available: IDEA Part C funds, public benefits and/or insurance, and private insurance.
4. For children determined to be eligible for Part B preschool special education services, an Individualized Education Program has been developed to ensure that an offer for a free and appropriate public education under Part B is available to begin at age three (3).
5. Before a child reaches three (3) years of age, the local Part C entity will obtain signed informed written consent from the parent or guardian indicating their choice to continue early intervention services pursuant to Section 635(c) and 34 C.F.R. § 303.211 and:
a. The Special Education Administrative Unit will obtain written consent from the parent or guardian for the initial provision of special education services as written in the Individualized Education Program as beginning at the start of the school year following their child's third birthday; and
b. The local Part C entity will ensure that the Special Education Administrative Unit has a copy of the parent or guardian's consent to remain in Part C services as soon as possible and not later than ten (10) calendar days after receipt of the consent.
6. Individualized Family Service Plan services provided pursuant to Section 635(c) and 34 C.F.R. § 303.211 will include an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills.
7. When early intervention services are provided in accordance with Part C and 34 C.F.R. § 303.211 to a child who is eligible for services under section 619, the Special Education Administrative Unit is not required to provide such child with a free and appropriate public education during the time period of the extension of Part C services, pursuant to section 612(a)(1)(c).
8. Children served pursuant to this section have the right, at any time, to receive a free and appropriate public education (as that term is defined at 34 C.F.R. § 303.15) under Part B of the Act instead of early intervention services under Part C of the Act. A parent or guardian may elect to exit Part C at any time but if they elect to exit Part C, there will not be the option to re-enter services at a later date.
9. The Department shall submit to the U.S. Department of Education, data and reports as required, including under IDEA Section 618 a report on the number and percentage of children with disabilities who are eligible for extending Part C based on their birth date, and who are eligible for services under section 619 but whose parents or guardians choose for such children to continue to receive early intervention services under Part C until the subsequent school year following the child's third birthday.
L. The Department and the Colorado Department of Education have developed an interagency operating agreement titled the "State Transition Memorandum of Understanding- Infants and Toddlers with Developmental Disabilities and their Families Transitioning from Early Intervention Services to Part B Special Education Services in accordance with the Individuals with Disabilities Education Act (IDEA) of 2004" pursuant to section 26.5-3-404(3), C.R.S. This Memorandum of Understanding (MOU) governs the process for a child's transition from Part C to Part B and is publicly available online at: https://www.cde.state.co.us/early/moupartctob and https://dcfs.my.salesforce-sites.com/eicolorado/EI_Reports?p=reports&s=Reports-and-Policies&lang=en.

8 CCR 1405-1-5.118

46 CR 01, January 10, 2023, effective 1/1/2023
46 CR 06, March 25, 2023, effective 4/14/2023
47 CR 13, July 10, 2024, effective 7/30/2024