IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
§303.209(c)(1). In addition, when the LEA receives notice
from the lead agency or an EIS provider that a specific toddler with a disability who has been receiving services under Part C of the Act is potentially eligible for services under Part B of the Act, the LEA must treat this as a referral and provide parents with the procedural safeguards notice under 34 CFR 300.504(a)(1) and determine if an evaluation for eligibility must be conducted under Part B of the Act.
Further, if the parent consents to the initial evaluation under Part B of the Act, the LEA must conduct the evaluation within 60 days of receiving parental consent or pursuant to a State-established timeline as required in section 614(a)(1)(C) of the Act and 34 CFR 300.301(c)(1) of the Part B regulations. If the child is determined eligible under Part B of the Act, the LEA must conduct, pursuant to 34 CFR 300.323(c)(1) of the Part B regulations, a meeting to develop an IEP for the child with a disability within 30 days of the eligibility determination. For toddlers with disabilities who are referred from the Part C program to the Part B program, this 60-day evaluation timeline (reflected in 34 CFR 300.301(c)(1) of the Part B regulations) and the 30-day IEP meeting timeline (reflected in 34 CFR 300.323(c)(1) of the Part B regulations) are