Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

subject to the requirement in section 612(a)(9) and 34 CFR 300.101(b) and 300.124(b) of the Part B regulations that the SEA and LEA ensure that, for a child who transitions from services under Part C of the Act to Part B of the Act, an IEP is developed and implemented for the child by the time the child reaches age three. Thus, the 90-day period

prior to the toddler’s third birthday is the minimal time

period necessary for an LEA to meet its responsibilities to ensure that an IEP is developed and implemented by the

child’s third birthday.

We recognize that some States may have a State- established timeline for conducting an evaluation under Part B of the Act that is different than the 60-day timeline in 34 CFR 300.301(c)(1). Even if a State adopts a longer Part B evaluation timeline under 34 CFR 300.301(c) (1) of the Part B regulations, each SEA and LEA must ensure that an IEP is developed and implemented for a toddler with a disability transitioning from Part C to Part B of the Act by the time the toddler reaches age three. This requirement is reflected in section 612(a)(9) of the Act and 34 CFR 300.101(b) and 300.124(b) of the Part B

regulations. Thus, it is the Department’s position that

the 90-day notification timeline provides the minimum amount of time necessary for an SEA and LEA to meet their