New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 31 - SPECIAL EDUCATION › Part 2 - CHILDREN WITH DISABILITIES/GIFTED CHILDREN › Section 6.31.2.11 - EDUCATIONAL SERVICES FOR CHILDREN WITH DISABILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Preschool programs for children aged three
				through five.
(1) Each public agency shall
				ensure that a free appropriate public education is available for each preschool
				child with a disability within its educational jurisdiction no later than the
				child's third birthday and that an individualized education program (IEP) under
				Part B or an individual family services plan (IFSP) under Part C of IDEA is in
				effect by that date in compliance with
				34 CFR Secs.
				300.101,
				300.124, and
				300.323(b).
(2) Eligibility to enroll in Part B preschool
				program. If a child turns three at any time during the school year and is
				determined to be eligible under Part B, the child may enroll in a Part B
				preschool program when the child turns three if the parent so chooses, whether
				or not the child has previously been receiving Part C services.
(3) To ensure effective transitioning from
				IDEA-Part C programs to IDEA-Part B programs, each public agency shall conduct
				a full and individual initial comprehensive evaluation, at no cost to the
				parent, and in compliance with requirements of
				34 CFR Secs.
				300.300,
				300.301,
				300.302,
				300.304, and
				300.305, and other department
				rules and standards before the initial provision of Part B special education
				and related services to a child with a disability.
(a) The initial comprehensive evaluation
				process shall be conducted in all areas of suspected disability.
(b) The Part B eligibility determination team
				shall review current assessments and shall determine the additional data and
				assessments needed for the comprehensive evaluation. Current assessments are
				defined as assessments, other than medical assessments, conducted no more than
				six months prior to the date of the meeting of the Part B eligibility
				determination team.
(c) The Part B
				eligibility determination team shall consider educationally relevant medical
				assessments as part of the review of existing evaluation data. The
				determination of eligibility may not be made solely on the basis of medical
				assessments. If the team considers medical assessments conducted more than six
				months prior to the date of the meeting, the team shall document the
				appropriateness of considering such medical assessments.
(4) Each public agency shall develop and
				implement appropriate policies and procedures to ensure a smooth and effective
				transition from Part C to Part B programs for preschool children with
				disabilities within the public agency's educational jurisdiction, in compliance
				with 34 CFR Sec.
				300.124. Each LEA and other public agencies
				as appropriate shall make reasonable efforts to establish productive working
				relations with local Part C programs and when given reasonable notice shall
				participate in the transition planning conferences arranged by local Part C
				providers.
(5) In particular:
(a) Each LEA shall survey Part C programs
				within its educational jurisdiction in its child find efforts to identify
				children who will be eligible to enter the LEA's Part B preschool program in
				future years.
(b) Each LEA shall
				promote parent and family involvement in transition planning with Part C
				programs, community programs, and related services providers at least six
				months before the child is eligible to enter the LEA's Part B preschool
				program.
(c) Each LEA shall
				establish and implement procedures to support successful transitions including
				parent training, professional development for special educators and general
				educators, and student and parent self-advocacy training and
				education.
(d) Each LEA shall
				assist parents in becoming their child's advocates as the child makes the
				transition through systems.
(e)
				Each LEA shall participate in transition planning conferences arranged by the
				designated Part C lead agency no less than 90 days prior to the anticipated
				transition or the child's third birthday, whichever occurs first, to facilitate
				informed choices for all families.
(f) Each LEA shall designate a team including
				parents and qualified professionals to review existing evaluation data for each
				child entering the LEA's preschool program in compliance with
				34 CFR Sec.
				300.305, and based on that review to identify
				what additional data, if any, are needed to determine the child's eligibility
				for Part B services or develop an appropriate program in a manner that is
				consistent with Paragraph (3) of Subsection A of this section. The notice of
				procedural safeguards shall be given to the parents as provided in Paragraph
				(3) of Subsection D of
				6.31.2.13 NMAC.
(g) Development of IFSP, IEP or IFSP-IEP.
(i) The IFSP, IEP, or IFSP-IEP will be
				developed by a team constituted in compliance with
				34 CFR Sec.
				300.321, including parents. For children
				transitioning from Part C programs to Part B programs, the team shall also
				include one or more early intervention providers who are knowledgeable about
				the child. "Early intervention providers" are defined as Part C service
				coordinators or other representatives of the Part C system.
(ii) For each child transitioning from a Part
				C program to a Part B preschool program, the LEA shall initiate a meeting to
				develop the eligible child's IFSP, IEP, or IFSP-IEP, in accordance with
				34 CFR Sec.
				300.124. The IFSP, IEP or IFSP shall be
				developed and implemented no later than the child's third birthday, consistent
				with 34 CFR Sec.
				300.101(b).
(h) In compliance with
				34 CFR Sec.
				300.101(b)(2), if a child's
				birthday occurs during the summer, the child's IEP team shall determine the
				date when services under the IEP or IFSP will begin. Each public agency shall
				engage in appropriate planning with the Part C lead agency so that the eligible
				child will be prepared to receive Part B special education and related services
				when the IEP team determines that the services under the IEP or IFSP will
				begin.
(i) Each public agency shall
				develop policies and procedures to ensure a successful transition from Part B
				preschool for children with disabilities who are eligible for continued
				services in pre-kindergarten and kindergarten.