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respective early childhood transition responsibilities under Part B of the Act.

Finally, in reviewing §303.209, we have determined

that it is not appropriate to refer to “other services”

under Part B of the Act because this section addresses only the transition that must occur before an infant or toddler with a disability turns three years old. References to other services, such as elementary school, are now more

appropriately addressed in §303.211(b)(6) regarding the

transition requirements of children who are three and older

and receiving services under §303.211.

Changes: We have revised new §303.209(b)(1)(i) (proposed

§303.209(b)(2)(i)) to require the lead agency to notify the

SEA and the LEA for the area in which the toddler resides

“not fewer than 90 days” before the third birthday of the

toddler with a disability if that toddler may be eligible for preschool services under Part B of the Act.

Comment: A few commenters recommended that we clarify that

the lead agency must notify the LEA under §303.209(b) only

for those children who are potentially eligible for services under Part B of the Act.

Discussion: We agree and have revised §303.209(b) to

clarify that the LEA notification requirement applies only to toddlers with disabilities who may be eligible for