Transition: - ABC Signup

Transition:
Q: Since we are no longer required to send Child Find Notification at age 2, will this be communicated
to Special Ed Directors by TEA
A. Communication to Special Ed Directors is usually addressed by the Educational Service Centers
since they are responsible for technical assistance to ISDs. TEA has not indicated to us that they
have any plans to direct ESCs to provide this information. Program staff should address this with
each local ISD at the next regularly scheduled meeting.
Q: Is a 2nd discipline also required to be present at the transition steps meeting And then also at
the transition conference as well Does it mean we need an LPHA present for transition conference
A. No, a second discipline is not required at the meeting or conference. The Service Coordinator must
be at the meeting and conference. The other IFSP team members need to participate, but they do not
need to participate “face to face”. Participation must be documented in the child’s record.
Q: If I am completing an IFSP to change from SST to Speech and they are 24 mo, do I still need to
wait until he is at least 27mo to create a transition plan
A. Yes unless there is a family or child reason for beginning the planning earlier. This reason must be
documented in the child’s record.
Q: Does the face to face (transition meeting) have to occur as part of an IFSP
A. No, the transition conference with the LEA and the community transition meetings do not need to
occur as part of an IFSP meeting. However, they do need to meet the federal requirements of an
IFSP meeting.
The requirements for adding transition steps and services and conducting transition conferences may
seem confusing as the federal regulations were written to be used by all states’ early intervention
systems. Some of those systems operate very differently from the Texas system. There are specific
requirements that must be met to add transition steps and services to the IFSP and for conducting
transition conferences and meetings. The sections below address timelines, participation
requirements, and procedural safeguards for each of the following areas: IFSP transition steps and
services, LEA transition conferences, and community transition meetings.
TRANSITION STEPS & SERVICES
TIMELINES
1. Transition steps and services must be included in the IFSP not fewer than 90 days before the
child’s third birthday.
2. Transition steps and services must be included in the IFSP, at the discretion of all parties, not
more than 9 months before the child’s third birthday. For most children, transition steps and services
are included in the IFSP when the child is 27-33 months of age, but flexibility is permitted when
circumstances for a specific child and family require more time. Documentation of the reason for
developing the steps and services outside the 27-33 month timeline may be included in progress
notes. Transition steps and services must include the items listed in 34 CFR §303.344 (h)(2). List

3. Most of the time, adding transition steps and services will occur at a regularly scheduled IFSP
meeting: initial, annual, or periodic review, as the timeline for adding the steps and services covers a
6 month time span.
4. Updates to the transition steps and services may be documented in service coordination progress
notes, on the IFSP form, or may require an IFSP periodic review. Review the required elements
documents for IFSPs, IFSP reviews, and Transition to determine the best way to update the transition
steps and services.
IFSP PARTICIPATION
Q: If transition steps are added at the initial or annual IFSP meeting, who are the required participants
and what limitations if any exist for how these required participants participate I missed some of the
speakers explanation re complying with the federal requirements ….(do these supersede the TAC
rules when referenced)
Q: When this is held at an initial or annual IFSP meeting who are the required participants and what
limitations exist if any for how each of the required participants participate
Q: Are there different requirements for when transition steps and services are first developed and
added to either the initial or annual IFSP and when they are updated in terms of required participants
and how those participants participate
1. Service coordinators and parents participate in all IFSP meetings. Other participants, and means
of participation, vary according to parent request and consent, type of IFSP meeting, and the
activities that will take place at the meeting. Participants in the initial and annual IFSP meetings, and
means of participation, are specified in 40 TAC §§108.1009 and 108.1011. Periodic reviews must
include the parent, service coordinator, and other persons requested by the parent. Participants for
periodic reviews are specified in 34 CFR §303.343(b).
2. Participation for those not required to attend a meeting in person may be by telephone conference
call, having a knowledgeable representative attend the meeting, or making pertinent records
available.
IFSP PROCEDURAL SAFEGUARDS
All IFSP procedural safeguards apply to all types of IFSP meetings: initial, annual, and periodic
review. Procedural safeguards include notices, consents, and confidentiality.
LEA TRANSITION CONFERENCE
Q: Developing the steps and services can be a different meeting than the conference meeting but
both must meet the requirements of the IFSP meeting
A. Yes
TIMELINES
A transition conference must be convened, with parental approval, for children determined potentially
eligible for PPCD. The conference must be held at least 90 days, and, at the discretion of all parties,

not more than 9 months before the child’s third birthday. As with the addition of transition steps and
services to the IFSP, flexibility is allowed in scheduling the transition conference more that 9 months
before the child’s third birthday. Documentation of the reason for convening the conference outside
the 27-33 month timeline may be included in progress notes. A conference is not required for
children referred less than 90 days before the child’s third birthday.
LEA TRANSITION CONFERENCE PARTICIPATION
Q: What other means are acceptable for the second member of the team to participate in the
transition conference.
Q: A transition conference held at a time other than the initial, annual or complete review, is
considered a "partial review, transition conference only, no changes to services' type of IFSP,
correct
A: If the transition conference results in a change in ECI planned services then you would complete
the complete review revision to services. If the transition conference does not change ECI planned
services then it is entered as a transition conference only and there is no corresponding IFSP
entered.
40 TAC §108.1203 specifies participants for the LEA transition conference include the parent, service
coordinator, an LEA representative if possible, and at least one other ECI professional who is a
member of the IFSP team. The other IFSP team member may participate through other means as
permitted in 34 CFR 303.343(a)(2), the same as an IFSP meeting.
If the transition conference is conducted separately from an initial, annual, or complete review of the
IFSP,
LEA TRANSITION CONFERENCE PROCEDURAL SAFEGUARDS
LEA transition conferences must be conducted according to federal requirements for an IFSP
meeting as specified in 34 CFR §§303.342, 303.343, and 303.344. All IFSP procedural safeguards
apply including notices, consents, and confidentiality.
COMMUNITY TRANSITION MEETINGS
Q: Does the transition community meeting have to be held in accordance with the IFSP requirements
for a transition conference
TIMELINES
There are no timelines specified if the CFR or Rules regarding community transition meetings.
Transition services are provided to assist a child and family to exit from early intervention services.
Convening community transition meetings on a timely basis gives families the opportunity to explore
options before the child’s third birthday.
PARTICIPATION
40 TAC §108.1221 specifies participants for the community transition meeting include the parent, ECI
staff (service coordinator and another team member), representatives of community settings, Division

for Blind Services or Office for Deaf and Hard of Hearing regional specialist, if appropriate, and other
program or agency representative as appropriate. The other IFSP team member may participate
through other means as permitted in 34 CFR 303.343(a)(2).
COMMUNITY MEETING PROCEDURAL SAFEGUARDS
Community transition meetings must be conducted according to federal requirements for an IFSP
meeting as specified in 34 CFR §§303.342, 303.343, and 303.344. All IFSP procedural safeguards
apply including notices, consents, and confidentiality.
Service Coordinator/EIS Requirements
Q: Is a Service coordinator who has an LBSW able to do an initial or annual IFSP meeting with an
EIS
A: The LBSW and the EIS can both participate as team members but there must be an LPHA on the
IFSP team. 40 TAC §108.1009(b)(1) states that at least one of the two ECI professionals must be an
LPHA. A LBSW is not an LPHA. According to Rule §108.103 (25), a LPHA is a Licensed Practitioner
of the Healing Arts. LPHAs include: licensed physicians, registered nurses, licensed physical
therapists, licensed occupational therapists, licensed speech language pathologists, licensed
professional counselors, licensed clinical social workers, licensed psychologists, licensed dietitians,
licensed audiologists, licensed physician assistants, licensed specialists in school psychology,
licensed marriage and family therapists, licensed interns in speech language pathology, or advanced
practice nurses.
Q: A Service coordinator hired after 7/1/12 who does not have the education to meet the EIS
requirement and does not have a license-cannot be one of the two second disciplines, correct Is the
grandfathered service coordinator not a team member for the evaluation So could we have an LPHA
and a grandfathered service coordinator be a team at the IFSP In regard to SC who is
grandfathered, if they do not hold a degree, would they still be recognized as one of the two
professionals on the IFSP team
A: If the staff person is ONLY a Service Coordinator and not another discipline, he/she cannot serve
as one of the two required team members for the evaluation/eligibility determination process. If the
Service Coordinator is serving dual roles and has an ECI approved license or credential, he/she can
use that license or credential to serve as one of the two required team members for the
evaluation/eligibility determination process.
The Service Coordinator can serve as one of the two required team members with an LPHA at the
IFSP meeting.
If the staff person meets the Service Coordinator requirements from Rule §108.315, it doesn’t matter
if he/she is grandfathered. That person is a Service Coordinator.
Q: If you want to hire a social worker who does not have 3 hours of child development, would it be
possible to hire her as a service coordinator and then take a course to fulfill the 3 hour requirement.
Would any part of the ECI CSPD fulfill the 3 hour requirement

A. No, the ECI CSPD would not fulfill the pre-service education requirement. Yes, you can hire the
staff person as a Service Coordinator and then have her take a 3 hour college credit course in early
childhood development or early childhood special education to meet the pre-service education
requirement. Once the staff person meets the EIS minimum requirements he/she can enter the EIS
Registry and complete the training activities to become credentialed as an EIS.
Procedural Safeguards/14 day notice
Q: Does the procedural safeguards document need to be filed in the child's record each time prior
written notice /consent is given Must we file a copy of every procedural safeguard information page
along with the original signed notice and consent Must we use two- one for parent and one
attached Not just note in contact notes that it was given to family
A: The prior written notice and consent must be completed and a copy retained any time you are
providing notice or obtaining consent. The procedural safeguards two page document that
accompanies the prior written notice and consent is given to the family but a copy does not need to
be placed in the child’s record if there is documentation in a case note that the document was given
to the family.
Q: If parent has prolonged illness or other medical issue and had to cancel the annual, are we
required to give a 14-day notice of discontinuation even though the cancellation is out of their control
A. No.
Q. We have always rescheduled for as soon as parent is able to complete which may be past the end
date. We then do a continuation IFSP and continue services in the meantime. Is this still correct and
are we able to bill for services during this time or should we discontinue services until the IFSP is
completed
A. Your process is correct but you cannot bill for the services as the IFSP has expired.
Q: Do we still have option for continuation of IFSP if needed by family or ECI program or are we
limited to 14 days
A: You still have the option for a continuation IFSP but it should be very rare that circumstances
warrant the need for its use. You are not limited to 14 days per the TKIDS manual “services can be
entered into a “continuation” IFSP for no longer than 60 days.
Q: If we are unable to get an annual evaluation or annual IFSP completed prior to the IFSP end date
(due to parent or ECI reasons) must all services be stopped until completed
A: No a “continuation” IFSP can be utilized if appropriate for no longer than 60 days.
Q: Notice of ineligibility when we are unable to determine eligibility14 days.....Is this for
redetermination or for initial determination as well
A: This only applies to redetermination not initial.

Q: Can you please provide additional information regarding 108.803. If the program discusses with
parent and plans annual eligibility determination less than 14 days before the annual is due and the
parent no shows or cancels annual eligibility determination how would we provide a 14 day notice
before closing the case
A: You are still required to provide the 14 day notice and you cannot close the case before that. We
would expect the service coordinator to work with the family to reschedule the redetermination.
Q: Can prior written notice be sent electronically
A. Please check with your legal department and IT department to ensure your system meets all legal
requirements.
Q: If a child is in pre-enrollment and the program has been unable to contact after reasonable
attempts, you said we must send a letter informing the parent they have 14 days to respond before
closing the referral. If the parent responds on day 14...chances are the 45 day timeline will be
exceeded. Should we close the current case and open a new one
A: No, the 14 day notice only applies to redetermination. You should not close the case. The reason
for exceeding the timeline should be documented in the child record and TKIDS.
Q: If a new child is evaluated and found ineligible. We give prior written notice that day to say not
eligible.....we wait 14 days to close
A: No, the 14 day notice only applies to redetermination.
Q: If a child is in referral status and you cannot contact them, do you have to give the 14 written
notice
A: No, the 14 day notice only applies to redetermination.
Q: Prior Written Notice: Assuming that screenings can no longer be done on the phone with verbal
consent since we have to give prior WRITTEN notice
A: Correct
Q: When you are in that 14 day time frame prior to dismissal because need or eligibility can't be
determined do we continue to provide direct services
A: Yes if you are in contact with the family.
Summary of the “14 day” requirement.
The purpose of the new rule subsections 108.803 (d) and 108.1019 (b) is to provide direction to
programs in the event that you are not able to re-determine eligibility for a child, despite your best
faith efforts to involve the family in the evaluation, re-determination, and annual review of the
IFSP. In the case that the family is not responding to or participating in the evaluation and annual
review, the rule gives you permission to discontinue providing ECI services to the child because
you cannot re-determine eligibility or review and approve an updated IFSP.

The purpose of the prior written notice is that you clearly communicate with the family that the
consequences of not participating in the evaluation and annual review are that you can no longer
serve their child; the date on which the discontinuation will be effective; and their rights to disagree
and engage in due process (filing a complaint with DARS; requesting mediation; and/or requesting
a hearing).
The 14 days is the amount of time they have to engage their rights before the action is final. The
rule provides you permission to take this action and the means by which to do it that also secures
the family’s rights so that your final action (the discontinuation of services) is valid. Some
important points:
You do not have to discontinue services if you are otherwise working to engage the family and
believe they will participate as soon as they are able (for example – there is a sick family
member or other exigent circumstances);
You must continue providing services under the most current IFSP during the 14 days;
You must continue providing services under the most current IFSP after the 14 days if the
parent engages their rights by requesting due process;
You may not bill for services under the IFSP once it is no longer current. However, this should
be rare and should emphasize why it is important to work with the family all along in the
process and escalate those cases where the family has concerns or seems to be having
difficulty engaging with the program.
Evaluation/Assessment
Q: Doesn’t the LPHA have to be present for the annual assessment So they would already be
present since assessment and IFSP are usually done back to back. Isn't a comprehensive evaluation
with two disciplines present still required
A. The comprehensive evaluation is required for initial and annual eligibility determination for
developmental delay. TAC §108.803 states eligibility must be determined based on the decision of
an interdisciplinary team that includes the parent and at least two professionals from different
disciplines. The annual needs assessment must be completed by a multidisciplinary team and an
LPHA is not required.
Q: Would you say that an evaluation uses a tool and an assessment does not
A: This is not correct. Federal Regulations actually require the use of a “tool” for the initial family
needs assessment. Use of the IFSP Required Elements form to collect information about child and
family routines, strengths and needs, constitutes the use of a tool to collect assessment information.
Evaluation is only eligibility determination. It answers the basic question “Are you in or out”
Assessment is ongoing identification of needs. Assessment looks at what types of services and

supports are needed by the child and family, what routines should be used to provide intervention,
what strategies are working and what strategies need to be changed.
§ 303.321 Evaluation of the child and assessment of the child and family.
(i) Evaluation means the procedures used by qualified personnel to determine a child's initial and
continuing eligibility under this part, consistent with the definition of infant or toddler with a disability in
§303.21. An initial evaluation refers to the child's evaluation to determine his or her initial eligibility
under this part;
(ii) Assessment means the ongoing procedures used by qualified personnel to identify the child's
unique strengths and needs and the early intervention services appropriate to meet those needs
throughout the period of the child's eligibility under this part and includes the assessment of the child,
consistent with paragraph (c)(1) of this section and the assessment of the child's family, consistent
with paragraph (c)(2) of this section
IFSP and IFSP Participants Participation
Q: So the LPHA can participate by other means at the annual, but not the Service coordinator,
correct
A. Correct
Q: For annual IFSP, LPHA does have to be present, so can the SC be the only one present at the
IFSP without a 2nd discipline
A. The required participants in an Annual Meeting to evaluate the IFSP are the same as those
required for an Initial IFSP; however, an Annual Meeting to evaluate the IFSP may be conducted by
means other than a face to face meeting. Please see §108.1009. (a)(5) for the details about
conducting the annual meeting to evaluate the IFSP by means other than a face-to-face meeting.
Q: Who needs to approve the plan to hold an IFSP meeting in other means than a face to face
meeting for holding the annual IFSP conference if we decide to hold it in a conference call format
State or the parent
A. The parent must approve each individual instance of an Annual Meeting to evaluate the IFSP by
means other than a face to face meeting. Approval by DARS is not required for each individual
Annual Evaluation of the IFSP; rather a general plan for the procedures to be implemented in your
program should be submitted to your performance manager prior to conducting any meeting by
means other than face-to-face. You plan should include information about the following:
Under what circumstances will a meeting for Annual Evaluation of the IFSP be conducted by
means other than face to face
Would prior approval be required in your program
How will you ensure and document parent approval
How would the meeting be conducted
Who will be involved
Will some type of technology be required If yes, what
Any other information that is relevant for your program.

The effective date of the plan.
Q: If modifying the transition plan requires all IFSP participants and safeguards, it would lead me to
believe adding outcomes and procedures would likewise have the same requirements. In the past it
has been my understanding that outcomes and procedures could be added and/or modified as the
needs of the child change.
A. No, Outcomes and procedures can be added to the IFSP at any time; an IFSP meeting is not
required. According to §108.1017, when an outcome is changed or added the team must note the
new or changed outcome in a progress note, provide the parent a copy, and add any new pages to
the IFSP. Transition Steps can be modified the same as outcomes and procedures. However, if
services must be changed as a result of those modifications then an IFSP meeting must occur.
Group Services
Q: Are two unrelated foster children in the same foster home able to constitute a group
A: Yes, two unrelated children in foster care may participate in a group. Children in foster care must
receive the same level of services as other children, which means that group services can be
delivered but only when these services are part of an IFSP which also includes individual services.
TKIDS – what to enter and what to name things
Q: If a child is evaluated and is enrolled in Follow Along services then is re-referred later should we
call the second evaluation an assessment Another initial (which I think cannot be entered in TKIDS
as a 2nd initial).
A. The evaluation is entered as “Other”, and eligibility information is updated.
Q. If the child is re-referred a year later the timeline would coincide with the annual evaluation due
date - would we call it an annual evaluation
A. No, this would not be an annual evaluation since the child was never enrolled. We do not have
enough information about how much time has passed since the initial evaluation to be able to answer
the rest of your question. Please review the information in the TKIDS manual regarding Follow
Along. If you are still unable to make a determination, please send more detailed information about
the specifics of the situation to your performance manager.
Q: I am currently closing and reopening children when their annual determination has not been done
as a result of no show/cancellations. Is this appropriate
A. No. A case should only be closed in TKIDS when a child is leaving your program.
Q: What discipline do we put in TKIDS for the grandfathered service coordinator

A. Service Coordinator. There is no distinction between a grandfathered service coordinator and a
service coordinator who meets the current pre-service educational requirements.
Q: How will we document services after the IFSP is expired while the family is in 14 day process
TKIDS will not allow a service entered after expiration. Where would these services be entered if the
IFSP has expired Comment from participant: TKids will not allow you to enter services provided after
IFSP end date
A: See page 63 of the TKIDS manual. A Continuation IFSP is used to enter delivered services after
an IFSP has expired. A Continuation IFSP is only a TKIDS mechanism; no actions are required on
the part of the team. It is used to allow the entry of delivered services when family circumstances
have prevented the development of a new IFSP and cannot be used for longer than 60 days.
Q: When will TKIDS be updated to show the new due dates for Transition steps
A. We assume you are asking about TKIDS actions, since dates regarding Transition are entered by
the user. This update is on our list and will be completed ASAP.
Q: For the children who are referred less than 45 days before their 3rd birthday, we are currently
assigning a closure code of "family decline." Will there be a new code added to reflect "referred to
LEA (or ISD)"
A. We are unable to determine from your question which disposition the child is in when the case is
closed. Please refer to the TKIDS manual, page 143-147, to determine the best closure reason to
use. We will review the available closure reasons and make changes as necessary.
Other
Q: Where is it located in Rule regarding transfers from out-of-state
A. There is no rule or Federal regulation specific to transfers from out of state. A child who moves to
Texas from another state must qualify according to Texas ECI eligibility requirements prior to
receiving services.
Q: Can we bill for those services if the IFSP is expired
A: No
Q: 108.1109. “Co-visits” was repealed in the new TAC rules effective July 1, 2012. What are the
implications of this as far as service delivery and service documentation Does this mean that two or
more service providers can no longer deliver services to a child at the same time Does this mean we
can still do co-visits Does this mean co-visits no longer need to be justified (explain how child
receives greater benefit ) on the IFSP or in the child’s record
A: The requirements regarding co-visits were moved and are in Rule at
§108.1015. Content of the IFSP.
(b) If the IFSP team determines co-visits are necessary to help the child reach outcomes on the
IFSP, the contractor must:
(1) list each service on the IFSP; and
(2) document in the child's record a justification of how the child and family received greater benefit

from the services being provided at the same time.
and in the Medicaid manual. 2.5.2.1 Therapy
Providers may submit claims for therapy services that are included in the client’s IFSP.
A client may receive a combination of physical therapy (PT), occupational therapy (OT), speech
therapy
(ST), or specialized skills training (SST) in the home or community setting when the IFSP indicates
necessity for two services to be provided at the same time and the parent(s) have agreed on the two
services being provided at the same time.