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.
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