Common use of NMAC Clause in Contracts

NMAC. The determination shall be made in compliance with all applicable requirements of 34 CFR Sec. 300.306. (b) The public agency must provide a copy of the evaluation report and the documentation of determination of eligibility to the parent. 6.31.2.7(B)(2) “Child with a disability” means a child who meets all requirements of 34 CFR Sec. 300.8 and who: (a) is aged 3 through 21 or will turn 3 at any time during the school year; (b) Has been evaluated in accordance with 34 CFR Secs. 300.304-300.311 and any additional requirements of these or other public education department rules and standards and as having one or more of the disabilities specified in 34 CFR Sec. 300.8 including intellectual disability; a hearing impairment including deafness; a speech or language impairment; a visual impairment including blindness; emotional disturbance; orthopedic impairment; autism; traumatic brain injury and other health impairment; a specific learning disability; deaf-blindness; or being developmentally delayed as defined in 6.31.2.7(B)(4) NMAC and who has not received a high school diploma; and (c) at the discretion of each local educational agency and subject to the additional requirements of Subsection 2 of Paragraph F of 6.31.2.10 NMAC, the term “child with a disability” may include a child aged 3 through 9 who is evaluated as being developmentally delayed and who, because of that condition, needs special education and related services. (6.31.2.7(B) (19) NMAC as authorized by 34 CFR §§ 300.8 and 300.39, “special education” in New Mexico may include speech-language pathology services.) ELIGIBILITY DETERMINATION TEAM MEETING CONTINUED FIT PROVIDER XXX XXXX START OTHER

NMAC. The determination shall be made in compliance with all applicable requirements of 34 CFR Sec. 300.306. (b) The public agency must provide a copy of the evaluation report and the documentation of determination of eligibility to the parent. NMAC 6.31.2.7(B)(2) “Child with a disability” means a child who meets all requirements of 34 CFR Sec. 300.8 and who: (a) is aged 3 through 21 or will turn 3 at any time during the school year; (b) Has has been evaluated in accordance with 34 CFR Secs. 300.304-300.311 and any additional requirements of these or other public education department rules and standards and as having one or more of the disabilities specified in 34 CFR Sec. 300.8 including intellectual disability; a hearing impairment including deafness; a speech or language impairment; a visual impairment including blindness; emotional disturbance; orthopedic impairment; autism; traumatic brain injury and other health impairment; a specific learning disability; deaf-blindness; or being developmentally delayed as defined in 6.31.2.7(B)(4) NMAC and who has not received a high school diploma; and (c) at the discretion of each local educational agency and subject to the additional requirements of Subsection 2 of Paragraph F of 6.31.2.10 NMAC, the term “child with a disability” may include a child aged 3 through 9 who is evaluated as being developmentally delayed and who, because of that condition, needs special education and related services. (6.31.2.7(BNMAC 6.31.2.7(B)(19)(a) (19) NMAC as As authorized by 34 CFR §§ 300.8 and 300.39, “special education” in New Mexico may include speech-language pathology services.) ELIGIBILITY DETERMINATION TEAM MEETING CONTINUED . FIT PROVIDER XXX XXXX START OTHEROTHER With parent consent, attend eligibility determination meeting when invited. Assure that a group of qualified professionals and the parent(s) of the child meet to determine whether the child is a child with a disability in accordance with state and federal regulations. Include and document the review and use of existing Part C evaluations and assessments and the IFSP information as part of the initial evaluation. Part C evaluations must have been administered within six months of the EDT meeting in order to be considered. Include and document parent, teacher and/or other input as applicable in determining eligibility. Support the family in understanding the roles If applicable, Early Head Start/Head Start will participate on the Eligibility Determination Team. NMSBVI will: Provide current information regarding present levels of performance and relevant assessment information to be used in eligibility determination and programming design. NMSD will: Parent Infant Toddler Program staff will attend when the child has been receiving those services under Part C. The NMSD Center for Educational Consultation and Training (CECT) Consultant is available for consultation regarding Part B eligibility for any child who has a hearing loss. and responsibilities of partnering agencies such as Early Head Start/Head Start during this process and in the future. With parent permission, will send an invitation to the Part C family service coordinator and other agency representatives to attend the eligibility determination meeting. EVALUATION REPORT AND DOCUMENTATION OF ELIGIBILITY SENT TO PARENT

NMAC. The determination shall be made in compliance with all applicable requirements of 34 CFR Sec. 300.306. (b) The public agency must provide a copy of the evaluation report and the documentation of determination of eligibility to the parent. 6.31.2.7(B)(2) “Child with a disability” means a child who meets all requirements of 34 CFR Sec. 300.8 and who: (a) is aged 3 through 21 or will turn 3 at any time during the school year; (b) Has has been evaluated in accordance with 34 CFR Secs. 300.304-300.311 and any additional requirements of these or other public education department rules and standards and as having one or more of the disabilities specified in 34 CFR Sec. 300.8 including intellectual disability; a hearing impairment including deafness; a speech or language impairment; a visual impairment including blindness; emotional disturbance; orthopedic impairment; autism; traumatic brain injury and other health impairment; a specific learning disability; deaf-blindness; or being developmentally delayed as defined in 6.31.2.7(B)(4) NMAC and who has not received a high school diploma; and (c) at the discretion of each local educational agency and subject to the additional requirements of Subsection 2 of Paragraph F of 6.31.2.10 NMAC, the term “child with a disability” may include a child aged 3 through 9 who is evaluated as being developmentally delayed and who, because of that condition, needs special education and related services. (6.31.2.7(B) (19) NMAC as authorized by 34 CFR §§ 300.8 and 300.39, “special education” in New Mexico may include speech-language pathology services.) ELIGIBILITY DETERMINATION TEAM MEETING CONTINUED FIT PROVIDER XXX XXXX START OTHEROTHER EI agencies will attend eligibility determination meeting when invited. Once the LCPS initial comprehensive evaluation is complete, an Eligibility Determination Team meeting willbe held in compliance with all Head Start will coordinate with LCPS to attend the Eligibility Determination meetings. procedural safeguards (as stated in IDEA and NMAC.) A team of qualified professionals, including the parents, determines whether the child meets the New Mexico Part B eligibility requirements. The meeting will be conducted at the Child Find Office.With parental consent-  FIT and any agencies involved will be invited to the eligibility determination meeting.  LCPS will provide to the parent at no cost to the parent, a copy of the evaluation report and the documentation of the child’s eligibility. With consent of the parent, documentation of the eligibility determination for Part B will also be sent to the referring FIT provider within 14 days of the eligibility meeting. EVALUATION REPORT AND DOCUMENTATION OF ELIGIBILITY SENT TO PARENT

NMAC. The determination shall be made in compliance with all applicable requirements of 34 CFR Sec. 300.306. (b) The public agency must provide a copy of the evaluation report and the documentation of determination of eligibility to the parent. 6.31.2.7(B)(2) “Child with a disability” means a child who meets all requirements of 34 CFR Sec. 300.8 and who: (a) is aged 3 through 21 or will turn 3 at any time during the school year; (b) Has been evaluated in accordance with 34 CFR Secs. 300.304-300.311 and any additional requirements of these or other public education department rules and standards and as having one or more of the disabilities specified in 34 CFR Sec. 300.8 including intellectual disability; a hearing impairment including deafness; a speech or language impairment; a visual impairment including blindness; emotional disturbance; orthopedic impairment; autism; traumatic brain injury and other health impairment; a specific learning disability; deaf-blindness; or being developmentally delayed as defined in 6.31.2.7(B)(4) NMAC and who has not received a high school diploma; and (c) at the discretion of each local educational agency and subject to the additional requirements of Subsection 2 of Paragraph F of 6.31.2.10 NMAC, the term “child with a disability” may include a child aged 3 through 9 who is evaluated as being developmentally delayed and who, because of that condition, needs special education and related services. (6.31.2.7(B) (19) NMAC as authorized by 34 CFR §§ 300.8 and 300.39, “special education” in New Mexico may include speech-language pathology services.) ELIGIBILITY DETERMINATION TEAM MEETING CONTINUED FIT PROVIDER XXX XXXX START OTHEROTHER With parental consent, the FIT Provider personnel will attend the MET/EDT and/or IEP meetings. Parents who decide not to proceed with Part B eligibility determination will be informed by the FIT Family Service Coordinator (FSC) that they may contact the Special Education Director (or designee) at the LEA that serves the area in which they reside. The family can then request an initial evaluation for eligibility determination for Part B services at that time. The FIT Family Service Coordinator (FSC) will provide the family with the contact information for the LEA in writing. The Special Education Director (or designee) will assure that a group of qualified professionals and the parent of the child determine whether the child is a child with a disability in accordance with State and Federal regulations. The Special Education Director (or designee) will determine eligibility (prior to the child’s third birthday) for Part B services that includes the review and use of existing Part C evaluations and assessments and the IFSP information as part of the initial evaluation. Tests must have been administered within the previous six months in order to be considered valid. For a child with a sensory impairment, appropriate LEA staff must be included in the review. With parental consent and when appropriate, Head Start staff will attend MET/EDT and/or IEP meetings. EVALUATION REPORT AND DOCUMENTATION OF ELIGIBILITY SENT TO PARENT