EIP Transition Guidance - Appendix G - Sample Transition Notice

Transition Notice

<Name of County> - Early Intervention Program

Dear <Name of Parent or Legal Guardian>:

Your child will turn three years old soon, and may be eligible for preschool special education. If your child is found eligible for preschool special education, you have two choices:

  • Your child can start preschool special education on January 2nd <July 1st>; <Sept. 1st> OR
  • Your child can stay in EIP services until August 31st <January 1st>, and start preschool special education in September <January>.

It is possible that your child will not meet the criteria for preschool special education. In this case, your child's EIP services will end the day before your child turns three years old. Your service coordinator will help you plan the next steps for your family.

Only the Committee on Preschool Special Education (CPSE) of your local school district can decide if your child is eligible for preschool special education.

This notice tells you about the steps you, the Early Intervention Program, and the CPSE must take to find out if your child meets the criteria for preschool special education. These steps include:

  • informing the CPSE your child might be eligible for preschool special education;
  • meeting, if you choose to do so, with your Early Intervention Official or Designee, service coordinator, and CPSE chair or designee (this meeting is optional);
  • referring your child to the CPSE; and
  • having your child evaluated by the CPSE.

If your child is not evaluated by the CPSE and is not found eligible for services by the CPSE before your child turns three years old, your child's EIP services will end the day before your child turns three years old.

Please read this carefully. Your service coordinator can answer any questions you may have.

Remember, the CPSE must decide if your child is eligible before your child turns three years old, to be sure that your child gets the services s/he needs.

Transition Notice – Steps To Transition

  • The Early Intervention Program (EIP) must tell your school district that your child may be eligible for preschool special education programs and services. You will be asked to give your consent for this step. The EIP can only take this step with your consent.
  • The Early Intervention Official or Designee (EIO/D) must give you the chance to meet with the EIO/D, your service coordinator, and the chairperson of the CPSE (or his/her designee). If your child is already receiving, or may need additional services from another state agency, it may be appropriate to have a representative from that agency attend as well. This meeting is called a transition conference.
  • You decide if you would like a transition conference. You will be asked to give your consent to the EIP for this conference to take place. If you would like a conference, your consent is needed for the EIO/D to arrange the conference.
  • The conference must take place at a time and location good for all participants. The conference can take place by telephone.
  • The main goals for the transition conference are to:
    • talk about your child's referral to the CPSE and CPSE evaluation process;
    • answer any questions you may have;
    • review the options for your child and family; and,
    • develop a transition plan.
  • If you choose not to have a transition conference, the EIO/D still can refer your child to the school district CPSE.
    • You will be asked for your consent to refer your child. The EIO/D can only take this step with your consent.
    • Your consent will be needed in enough time for all other steps to be taken, and for the CPSE to make a decision about your child's eligibility for preschool special education services before your child's third birthday.
    • Otherwise, EIP services will end the day before your child's third birthday.
  • You can directly refer your child to the CPSE in your school district. In addition, your child's service provider, health care provider, or other person concerned about your child can refer your child to the CPSE in your child's school district. If you directly refer your child, or someone else refers your child, your child must be evaluated by the CPSE, and the CPSE must make a decision about your child's eligibility for preschool special education programs and services before your child turns three years old. Otherwise, EIP services will end on the day before your child's third birthday.
  • Once your child is referred, the CPSE will contact you to tell you about how to get your child evaluated. The CPSE will ask for your consent to evaluate your child.
    • Sign and return the consent form right away. The CPSE must have enough time after they get your consent to evaluate your child and decide whether your child is eligible for preschool special education before your child turns three. The CPSE will contact you to arrange for your child's evaluation.
    • If you do not sign and return the consent to evaluate your child, the CPSE will contact you to be sure you received and understood the materials.
    • Just as you are a member of your IFSP team, you will also be a member of the CPSE for your child.
    • The CPSE must make a decision, and provide a recommendation to the board of education, within 30 school days of getting your consent to evaluate your child. Since your child's EIP services will end on the day before his or her third birthday unless the CPSE decides your child is eligible for preschool special education before your child turns three, it is very important that you return the consent to let the CPSE evaluate your child with enough time for the CPSE to make a decision.
    • Your child's EIP records can be used by the CPSE to decide how to evaluate your child. Your service coordinator will work with you to identify evaluation reports and records from the EIP that may be helpful. Your child may not need additional evaluations for the CPSE to make a decision. Your service coordinator will need your consent to provide the CPSE with EIP evaluation reports and records that may be helpful.
    • If you give consent to provide EIP records to the CPSE, and the CPSE decides an additional evaluation is needed, the CPSE will ask for your consent to evaluate your child. Your consent will be needed for the CPSE to evaluate your child and decide if your child is eligible for preschool special education.
  • If your child is eligible for preschool special education, an individual education plan (IEP) will be developed for your child.
    • The CPSE will explain the differences between your child's IEP and IFSP.
    • You can choose to begin preschool special education programs and services, or, to stay in the EIP until your child ages out of the EIP.
    • If you decide to have your child stay in the EIP, you can choose to leave the EIP and start your child in preschool special education programs and services at any time.
    • A transition plan for your child will be made.
  • If your child is not eligible for preschool special education, EIP services will end the day before your child turns three years old.
    • A transition plan for your child will be made.
    • If your child and family need other services, the plan will include these services, and steps to help you get these services.

Due Process Procedures

  • If you disagree with the CPSE, or if you sent in your consent to have the CPSE evaluate your child with enough time for the CPSE to make a decision on whether your child is eligible for
    • Contact your VESID Special Education Quality Assurance Regional Office for clarification or technical assistance.
    • Ask for a mediation or impartial hearing on the CPSE decision, or if they did not make a decision on time.
    • Your child has the right to get the services you agree on with the CPSE, while you are waiting for a final decision to be made.
    • If you and the CPSE cannot agree about the services needed by your child, an impartial hearing officer will decide what services your child must receive during this time.
  • If you gave your consent to the EIO to notify the school district and refer your child to the CPSE but the EIO does not notify the school district and refer your child to the CPSE, you have due process rights under Public Health Law, including mediation and impartial hearing. However, these due process rights are only available if YOU gave the EIP consent in time to:
    • inform the school district of your child's potential eligibility for preschool special education;
    • arrange for a transition conference (unless you tell the EIP you do not want a transition conference); and
    • refer your child to the CPSE with enough time for the CPSE to make a decision, before your child turns three, on whether your child is eligible for preschool special education services.
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