<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 13A.13.01.09" title_num="13A" subtitle_num="13" chapter_num="01" heading="Transition.">
  <paragraph num="A.">
    <text>Notification to the Local School System.</text>
    <paragraph num="(1)">
      <text>The Maryland Infants and Toddlers Program shall inform a local school system of potentially eligible children, 2 years old or older, who reside in the jurisdiction served by the local school system.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The notification shall be provided electronically on the secure server, within a given timeframe determined by the Maryland Infants and Toddlers Program.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A local lead agency is not required to conduct an evaluation, assessment, or an initial IFSP team meeting for the toddler referred to a local lead agency less than 45 days before the toddler’s third birthday.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A local lead agency shall refer the toddler to the local school system for the jurisdiction in which the toddler resides, with parental consent as required under §303.414, if a toddler is referred to a local lead agency less than 45 days before the toddler’s third birthday.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Transition Procedures.</text>
    <paragraph num="(1)">
      <text>A local lead agency shall ensure steps and services are identified to support a toddler’s smooth transition, consistent with 34 CFR §§303.209 and 303.344(h) to:</text>
      <paragraph num="(a)">
        <text>Preschool special education;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Extended IFSP Option; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Other appropriate services.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The local lead agency shall:</text>
      <paragraph num="(a)">
        <text>Develop transition outcomes on a child’s IFSP at the IFSP meeting closest to the child’s second birthday; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Convene an IFSP team meeting for transition planning, consistent with requirements in 34 CFR §§303.342(d) and (e) and 303.343(a), with the approval of the parents of the toddler, not less than 90 days, and at the discretion of all parties, not more than 9 months before the toddler’s third birthday, to discuss services the toddler may be eligible to receive.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>If a toddler with a disability may be eligible for preschool special education services, consistent with COMAR 13A.05.01, the local lead agency, with the approval of the toddler’s family, shall convene an IFSP team meeting, as described in §B(2)(b) of this regulation, with:</text>
      <paragraph num="(a)">
        <text>The toddler’s family;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A representative of the local school system; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The toddler’s service coordinator.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>If the local lead agency determines that a toddler with a disability is not potentially eligible for preschool special education services, the local lead agency, with the approval of the toddler’s family, shall make reasonable efforts to convene an IFSP team meeting, as described in §B(2)(b) of this regulation with:</text>
      <paragraph num="(a)">
        <text>The toddler’s family;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The toddler’s service coordinator; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Providers of other appropriate services.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The IFSP team meeting described in §B(2)(b) of this regulation may occur less than 90 days before the toddler’s third birthday, with clear written documentation, if:</text>
      <paragraph num="(a)">
        <text>The toddler is unavailable;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The family requests a delay because of other family reasons; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The toddler was referred after 33 months of age.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>If the IFSP team meeting described in §B(5) of this regulation occurs less than 90 days before the toddler’s third birthday, the local lead agency shall make reasonable attempts to conduct the IFSP team meeting as soon as possible to allow for appropriate transition planning.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The IFSP team shall develop a transition plan as part of the child’s IFSP that includes:</text>
      <paragraph num="(a)">
        <text>Steps for the toddler with a disability and the toddler’s family to exit from the Part C program; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The identification of transition services the toddler or the toddler’s family needs.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>The local lead agency shall provide the toddler’s parents with:</text>
      <paragraph num="(a)">
        <text>An annual notice consistent with 303.211(b)(1); and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Information regarding community options and service delivery models if a toddler:</text>
        <paragraph num="(i)">
          <text>Continues to receive early intervention services in accordance with an Extended IFSP; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Begins to receive preschool special education services in accordance with an IEP.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>If a toddler with a disability may be eligible for preschool special education services, the local school system shall convene an IEP team meeting to determine the child’s eligibility for Part B preschool special education services, consistent with COMAR 13A.05.01.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>The local school system IEP team meeting described in §B(9) of this regulation shall:</text>
      <paragraph num="(a)">
        <text>Be convened in a timely manner such that eligibility is determined before the toddler’s third birthday; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The toddler’s service coordinator or other Part C representative as a required team member, to participate in the review of existing data on the child’s progress and performance on IFSP outcomes, unless the family requests, in writing, that a Part C representative not participate in the IEP team eligibility meeting.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>If a toddler is determined eligible for Part B preschool special education services, and parents wish for their child to receive services, the parents shall provide informed written consent, consistent with Regulation .12 of this chapter and COMAR §13A.05.01.13 to:</text>
      <paragraph num="(a)">
        <text>Continue early intervention services through an Extended IFSP, including an educational component, as required by §303.344(c); or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Receive preschool special education services through an IEP as a student with a disability in accordance with 34 CFR §300.324 and COMAR §13A.05.01.08, and no longer receive Part C services.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Extended IFSP Option. If the parent chooses the Extended IFSP Option the local lead agency shall:</text>
    <paragraph num="(1)">
      <text>Acknowledge the parent’s choice and their child’s eligibility by providing the parent prior written notice, in accordance with 34 CFR §300.503 and COMAR §13A.05.01.12; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Ensure that early intervention services identified on a toddler’s IFSP includes an educational component that promotes school readiness and incorporates:</text>
      <paragraph num="(a)">
        <text>Preliteracy;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Language; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Numeracy skills.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Termination of Extended IFSP Option Services.</text>
    <paragraph num="(1)">
      <text>A parent may choose to terminate participation in early intervention services through an IFSP, at any time after the Extended IFSP Option is chosen, and choose preschool special education services through an IEP.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The parent shall notify the local lead agency, in writing, of the choice to terminate early intervention services under the Extended IFSP Option.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The local lead agency shall notify the local school system of the parent’s decision to request preschool special education services through an IEP.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If a child’s family chooses to terminate early intervention services under an Extended IFSP and initiate services through an IEP, a redetermination of the toddler’s eligibility for special education services in accordance with COMAR 13A.05.01 is not required.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Within 45 days of receiving written notification, as described in §D(3) of this regulation, the local school system shall convene an IEP team meeting to develop an IEP and determine the educational placement, in accordance with §F of this regulation.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Once a child’s parent makes the choice to terminate early intervention services through an Extended IFSP and pursue services through an IEP, through written notification to the local lead agency, as described in §D(2) of this regulation, the parent cannot continue services through an Extended IFSP beyond the date that IEP services are to begin; or the beginning of the school year following the child’s fourth birthday, whichever occurs sooner.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>In order to ensure a seamless delivery of services, the local lead agency shall continue to provide early intervention services under an Extended IFSP until the IEP services are to begin or until the beginning of the school year following the child’s fourth birthday, whichever occurs sooner.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Transition Planning Before the Beginning of the School Year Following a Toddler’s Fourth Birthday.</text>
    <paragraph num="(1)">
      <text>The Maryland Infants and Toddlers Program, local lead agencies, and public agencies shall ensure a smooth transition of a toddler from Part C EIS to preschool, in accordance with 34 CFR §303.211(b)(6)(ii).</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The local lead agency shall convene an IFSP team transition planning meeting, consistent with requirements in 34 CFR §§303.342(d) and (e) and 303.343(a), with the approval of the child’s family to discuss any preschool special education services that the child may receive and other community options.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The IFSP transition planning meeting described in §E(2) of this regulation shall occur not fewer than 90 days, or at the discretion of all parties, not more than 9 months before the toddler will no longer be eligible to receive EIS.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The participants of the IFSP team meeting shall include:</text>
      <paragraph num="(a)">
        <text>The toddler’s service coordinator;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The child’s family; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A representative of the local school system.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The IFSP team meeting described in §E(2) of this regulation may be held less than 90 days before the beginning of the school year following the child’s fourth birthday, if there is written documentation that:</text>
      <paragraph num="(a)">
        <text>The child is unavailable because of illness; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The family requests a delay because of other family reasons.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>If the IFSP transition planning meeting described in §E(2) of this regulation is held less than 90 days before the beginning of the school year following the child’s fourth birthday, reasonable attempts must be made to conduct the meeting as soon as possible to allow for appropriate transition planning.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The local school system shall convene an IEP team meeting for the purpose of IEP development, consistent with COMAR 13A.05.01.07—.10, before the beginning of the school year following the child’s fourth birthday if the parent wishes to consider preschool special education services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Preschool IEP Services. If the parent chooses to receive preschool special education services through an IEP, the local school system shall:</text>
    <paragraph num="(1)">
      <text>Convene an IEP team meeting for the purpose of IEP development;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>At the request of the family, invite the toddler’s service coordinator or other representatives of the local lead agency to attend the IEP team meeting;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Develop an IEP, taking into consideration the IFSP, in accordance with 34 CFR §§300.323(b), 300.324 and COMAR §13A.05.01.07—.10; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Consider Extended School Year services for a toddler transitioning to preschool special education services through an IEP whose third birthday falls after the end of one school year and before the beginning of the next school year, consistent with COMAR §13A.05.01.08B(2); and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Ensure the IEP is in effect at the beginning of the school year, in accordance with COMAR 13A.05.01.09D(2).</text>
    </paragraph>
  </paragraph>
</regulation>