2 - Developmental Preschool Programs - April 2011 Revision
Explanation of Developmental Preschool Programs and Albuquerque Public Schools Requirements
To comply with federal and state statute and regulation regarding developmental preschool programs, Albuquerque Public Schools shall ensure that:
- A free appropriate public education is available to each eligible child residing in the Albuquerque Public Schools jurisdiction/geographical boundaries beginning no later than the child’s third birthday;
- An IEP or IFSP is in effect for the child by the child’s third birthday; and
- If a child’s third birthday occurs during the summer, the child’s IEP Team determines the date when services under the IEP or IFSP will begin.
(34 CFR §300.101(b))
Albuquerque Public Schools shall provide a free appropriate public education for each eligible preschool child with a disability residing within its boundaries no later than the child’s third birthday and shall ensure that an IEP or an IFSP, as required by the Individuals with Disabilities Education Act, is in effect by the appropriate date as outlined in federal and state regulation.
(34 CFR Secs. 300.101, 300.124 and 300.323(b) and 188.8.131.52(A) (1) NMAC)
A child who will turn three (3) at any time during the school year, who is an eligible child, may enroll in Albuquerque Public Schools’ preschool program at the beginning of the school year in which he/she will turn three (3) if the parent so chooses, whether or not the child has previously been receiving IDEA Part C services (Infants and Toddlers Program). (184.108.40.206(A) (2) NMAC)
Transitions from Part C Programs
To ensure effective transitioning from IDEA Part C programs for Infants and Toddlers to IDEA Part B programs, Albuquerque Public Schools shall conduct a full and individual initial comprehensive evaluation, at no cost to the parent which shall be in compliance with the federal and state regulations and standards, before the commencement of Part B special education and related services to a child with a disability. (220.127.116.11(A) (3) NMAC)
Albuquerque Public Schools shall implement appropriate procedures to ensure a smooth and effective transition from Part C to Part B programs for preschool children with disabilities within the Albuquerque Public Schools’ jurisdiction. (18.104.22.168(A) (4) NMAC)
Albuquerque Public Schools shall make reasonable efforts to establish productive working relations with local Part C programs, including by participating in transition planning conferences arranged by the Part C provider when given reasonable notice. (22.214.171.124(A) (4) NMAC and 34 C.F.R. 300.124(c))
Albuquerque Public Schools shall take specific actions as part of the transition. These actions include, but are not limited to:
- Conducting surveys of Part C programs within its jurisdiction/geographical boundaries during its child find efforts to identify children who may be eligible to enter the Albuquerque Public Schools Part B preschool program in future years.
- Promoting 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 Albuquerque Public Schools Part B preschool program.
- Establishing and implementing 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.
- Assisting parents in becoming their child’s advocates as the child makes the transition through systems.
- Participation in transition planning conferences arranged by the designated Part C lead agency no less than ninety (90) days prior to the anticipated transition or the child's third birthday, whichever occurs first, to facilitate informed choices for all families.
- Designation of a team including parents and qualified professionals to review existing evaluation data for each child entering Albuquerque Public Schools’ 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. The notice of procedural safeguards shall be given to the parents as provided in Paragraph (3) of Subsection D of 126.96.36.199 NMAC.
- Development of IFSP, IEP or IFSP-IEP by a team constituted in compliance with 34 CFR Sec. 300.321 that includes parents. For children transitioning from Part C programs to Part B programs, the team must also include one or more early intervention providers who are knowledgeable about the child.
- For each child transitioning from a Part C program to a Part B preschool program, convening 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 must be developed and implemented no later than the child’s third birthday, consistent with 34 CFR Sec. 300.101(b).
- 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 must 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.
- 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.
(188.8.131.52(A) (5) NMAC)
Albuquerque Public Schools shall provide special education and related services appropriate to meet the needs of all children within its jurisdiction/geographical boundaries requiring special education and related services. Albuquerque Public Schools shall provide services for three-year-old and four-year-old preschool children with disabilities within its jurisdiction/geographical boundaries, unless the parent chooses not to enroll his/her child. If a child receiving services in the New Mexico Department of Health’s family, infant, toddler program has his/her third birthday during the school year, the child’s parents shall have the option of having the child complete the school year in the New Mexico Department of Health’s family, infant, toddler program or enrolling the child in the Albuquerque Public Schools’ preschool program. A child with a disability who enrolls in Albuquerque Public Schools’ preschool program and who has his/her third birthday during a school year may receive special education and related services from the beginning of that school year. ( §22-13-5 NMSA 1978)
Services for students age three (3) through twenty-one (21) may include, but are not limited to:
- evaluating particular needs
- providing learning experiences that develop cognitive and social skills
- arranging for or providing related services as defined by the New Mexico Public Education Department
- providing parent education.
The services may be provided by certified school personnel or contracted for with other community agencies and shall be provided in age-appropriate, integrated settings, including home, daycare centers, headstart programs, schools or community-based settings. ( §22-13-5 NMSA 1978)
Administrative Position: Chief Academic Officer
Department Director: Executive Director of Special Education
Legal Cross Ref.:
- 42 U.S.C. 11431 et seq
- 34 CFR §300.101
- 34 CFR §300.111
- 34 CFR §300.323
- 34 CFR §300.124
- 34 CFR §300.131
- 34 CFR § 300.134
- 184.108.40.206(F) (2) NMAC
- 220.127.116.11(A) NMAC
- 18.104.22.168(F) NMAC
- 71 Fed. Reg. 46636
- 73 Fed. Reg. 73012
- §22-13-5 NMSA 1978
Board Policy Cross Ref.:
Procedural Directive Cross Ref.:
NSBA/NEPN Classification: IHBA
Introduced: April 1, 2011
Reviewed: April 12, 2011
Adopted: April 22, 2011