EC Preschool Coordinator Resources: State and Federal Memos

Federal Memoranda

FERPA, HIPPA and Sharing of Early Intervention Records from Part C to B - Explains regulations regarding sharing of early intervention records and education records (December 2012)
FERPA, HIPPA OSEP Letter and Release of Information to Part B - Explains regulations regarding releasing early intervention records and education records (May 2013)
Q & A on IEPs, Evaluations and Reevaluations - Clarifies IDEA requirements related to individualized education programs (IEP), evaluations and reevaluations (June 2010)
Uninterrupted Scholars Act - Explains regulations regarding children in foster care and release of information (April 2013)
OSEP Policy Letters of Clarification - Links to letters that specifically address issues related to the early childhood provisions of the IDEA (Part C and Part B - Section 619)
USDHHS/USDE Joint Letter on Suspension and Expulsion Policy - Joint letter from the US Department of Health and US Department of Education regarding suspension and expulsion in early learning settings (December 2014)
USDHHS/USDE Policy Statement on Inclusion of Children with Disabilities in Early Childhood Programs - Joint policy statement and recommendations from the US Department of Health/US Department of Education for increasing the inclusion of infants, toddlers, and preschool children with disabilities in high-quality early childhood programs (Septmeber 2015)
Executive Summary of USDHHS/USDE Policy Statement on Inclusion of Children with Disabilities in Early Childhood Programs - Summarizes joint policy statement and recommendations from the US Department of Health/US Department of Education for increasing inclusion in early childhood programs (September 2015)
OSEP Letter- Early Childhood Educational Settings and the Least Restrictive Environment (LRE) - Updates February 2012 OSEP letter with additional information on the reporting of educational environments data and the use of IDEA Part B funds to provide special education and related services to preschool children with disabilities. (January 2017)
Making LRE Decisions for Preschool Children – Applicable regulatory guidance related to FAPE and LRE for preschool children
OSEP Letter to Harris - Guidance regarding the obligations of local educational agencies (LEAs) in North Carolina to continue to provide special education and related services to children with disabilities who are eligible for kindergarten but the parent chooses not to enroll the child in a school age program (December 1993)
OSEP Letter to Smith– Clarification of the provisions in IDEA for children with disabilities ages three through five who are enrolled by their parents in in private schools (December 2006)
OSEP Memo on Response to Intervention (RTI) - Guidance indicates RTI process may not be used to delay or deny a timely initial evaluation for preschool children suspected of having a disability (April 2016)
OSEP Letter on the Inclusion of Behavioral Supports in IEPs - Guidance on inclusion of positive behavioral interventions and supports when a child’s behavior impedes the child’s learning or that of others (August 2016)

North Carolina Memoranda

B-K Clarification of IEP Team Roles and Responsibilities (March 2020) – Addresses questions regarding dual roles and required membership of IEP Teams
Memo on Child Find and Power School (January 2020)
Preschool Private School Memo (January 2020)
Preschool Least Restrictive Environment (LRE) (August 2010) - DPI Memo describing preschool LRE settings
Prior Written Notice (October 2010) - DPI guidance and examples related to the provision of prior written notice
Revocation of Consent (December 2014) - DPI memo related to parent requests for private providers, LEA offers of FAPE and revocation of consent for services
Revocation of Consent (September 2015) - Clarification of December 2014 memo related to parent requests for private providers, LEA offers of FAPE and revocation of consent for services
Transition IEP 30 day rule (December 2014) - DPI memo related to developing individual education programs prior to 30 days before the end of the school year
Educational Settings for Children Ages 3-5 with Disabilities (March 2014) - DPI memo describing educational settings for children age 3-5 with examples
Early Childhood Educational Environments Decision Tree - Assists in determining early childhood environment for reporting purposes
Licensure Guidance Tool - Provides assistance to LEAs in matching teacher licensure area to student areas of eligibility

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