05-071 C.M.R. ch. 101, § VIII - ELIGIBILITY FOR FAPE FOR FIVE YEAR OLDS BY IEP TEAM DETERMINATION

The Child Development Services System shall provide free., appropriate public education to a preschool child with disabilities who reaches 5 years of age between July 1^st and October 15^th if that child is already receiving free, appropriate public education through the Child Development Services System and the child's individualized education program team determines, in accordance with rules adopted by the commissioner in subsections 1 and 2 below, that it is in the best interest of the child not to enroll that child in kindergarten until the start of the following school year. A child is considered to have been already receiving FAPE services through CDS if they were counted in the prior year's December 1^st Child Count. [20-A MRSA §7001 (2-A)]

1. In accordance with 20-A MRSA §7001(2-A), when the individualized education program team is considering the choice of whether the child should receive "free and appropriate public education" services through the Child Development Services System or in kindergarten, the team must determine whether it "best meets the individual needs of the child" to remain in the Child Development Services System and not enroll in kindergarten until the start of the following school year;

2. The "best meets the individual needs of the child" standard may not be equivalent to the "free and appropriate public education" standards and that the individualized education program team may determine that remaining in the Child Development Services System may "best meet the individual needs of the child" even if the kindergarten program that is available to the child could provide the child with a "free and appropriate public education" and

3. In the event that the parent disagrees with the decision of the individualized education program team and decides to use dispute resolution procedures, the standard for the review must be whether the individualized education program team decision "best meets the individual needs of the child".

Notes

05-071 C.M.R. ch. 101, § VIII