Article 7 Sections Related to Early Childhood Transition
New Article 7 is effective on August 13, 2008
511 IAC 7-36-5 Early childhood (page 40 or Article 7)
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 5. (a) The length and frequency of the instructional day for early childhood students with
disabilities, who are three (3) years of age through five (5) years of age, but not eligible for
kindergarten, shall be based on the developmental and educational needs as determined by the
student's CCC. A public agency may not unilaterally limit the length and frequency of the instructional
day based on categories of:
(1) disability;
(2) age of students; or
(3) administrative convenience.
(b) The number of students assigned to an early childhood teacher is subject to the requirements of
511 IAC 7-32-13. (Indiana State Board of Education; 511 IAC 7-36-5)
511 IAC 7-40-5 Conducting an initial educational evaluation (page 61 of Article 7)
(d) The initial educational evaluation must be conducted and the CCC convened within fifty (50)
instructional days of the date the written parental consent is received by licensed personnel in
accordance with section 4(h) of this rule. The time frame does not apply in the following situations:
(1) When a student has participated in a process that assesses the student's response to scientific,
research based interventions described in section 2 of this rule, in which case the time frame is
twenty (20) instructional days.
(2) When a child is transitioning from early intervention (Part C) to early childhood special education
(Part B), in which case the evaluation must be completed and the CCC convened to ensure that the
child receives special education services by his or her third birthday.
511 IAC 7-42-3 Case Conference Committee Participants (page 81 of Article 7)
(d) The public agency must invite the following individuals to participate in the CCC meeting in the
following circumstances:
(1) In the case of a child who is transitioning from Part C of the Individuals with Disabilities Education
Act as described in 511 IAC 7-43-2, an invitation to the initial CCC meeting must, at the request of the
parent, be sent to the Part C service coordinator or other representatives of the Part C system to
assist with the smooth transition of services.
511 IAC 7-42-6 Developing an individualized Education Program; components and parent copy
(c) The CCC must also consider the following factors when applicable:
(7) The IFSP for students who are transitioning from early intervention programs under Part C of the
Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.
Sections of Article 7 (effective 8-13-08) Related to Early Childhood Transition
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511 IAC 7-43-2 Transition from early intervention services (Part C) to early childhood special
education (Part B) (page 98 of Article 7)
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 2. (a) The public agency's obligation to make a free appropriate public education available to a
student with a disability begins on the student's third birthday.
(b) The public agency must do the following:
(1) Establish, maintain, and implement policies and procedures to assist the child participating in early
intervention programs under Part C of the Individuals with Disabilities Education Act, 20 U.S.C. 1400
et s eq., who will be participating in early childhood special education experience a smooth and
effective transition in a manner consistent with Part C of the Act.
(2) Participate in transition planning conferences convened by the Part C service coordinator, with the
approval of the parent of the child. The transition planning conferences must be conducted in
accordance with Part C of the Individuals with Disabilities Education Act.
(c) With parental consent, at least six (6) months prior to a student's third birthday, the state-operated
or state supported program must transmit to the school corporation of legal settlement, the most
recent:
(1) IFSP;
(2) family service plan report; and
(3) evaluation reports from any source.
(d) By the date of the third birthday of a student who may be eligible for early childhood special
education, the public agency must do the following:
(1) Complete its evaluation.
(2) Convene a CCC to determine eligibility for special education and related services.
(3) If the student is eligible, develop an IEP for the student, taking into consideration the student's
IFSP and the other general and special factors listed in 511 IAC 7-42-6(b) and 511 IAC 7-42-6(c).
(4) Implement the IEP.
(e) If a student's third birthday occurs during the summer and the CCC determines the student:
(1)
requires extended school year services, the student's IEP must state that services will be
initiated during the summer of the student's third birthday; or
(2) does not require extended school year services, the student's IEP shall state that services will be
initiated at the beginning of the upcoming school year.
(Indiana State Board of Education; 511 IAC 7-43-2)
Sections of Article 7 (effective 8-13-08) Related to Early Childhood Transition
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