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.
Third, LEA notification should not be required for toddlers with disabilities who are not potentially eligible for Part B services under the Act given that the lead agency has other responsibilities for these children, which we believe are sufficient to meet their transition needs. For these children, the lead agency must: (1) ensure that a transition plan is developed pursuant to section 637(a)
(9)(C) of the Act and §303.209(d); and (2) make reasonable
efforts, pursuant to section 637(a)(9)(A)(ii)(III) of the
Act and §303.209(c)(2)), to convene a transition conference
with the family of the toddler and providers of other appropriate services. The transition plan for toddlers with disabilities who are not potentially eligible for Part B services under the Act must identify the appropriate steps for the toddler with disabilities and his or her family to exit from the Part C program, include services, such as Head Start, that the IFSP team identifies as needed by that toddler and his or her family.
Finally, we are clarifying that the LEA notification
requirement in §303.209(b)(1)(i) only applies to toddlers
who may be eligible for Part B services because, if the requirement applied to all toddlers who are nearing age three, it would result in the unnecessary disclosure of personally identifiable information and place an undue