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child’s third birthday, LEA notification must occur as soon

as possible after the child is determined eligible for early intervention services under Part C of the Act. For these children, although the lead agency is not able to conduct a transition conference and develop a transition

plan within the timelines in §303.209(b)(1)(i) and (d)(2),

we encourage States to discuss transition at the child’s

initial IFSP meeting.

New §303.209(b)(1)(iii) clarifies that if a child is

referred to the lead agency fewer than 45 days before that

child’s third birthday, the lead agency is not required to

conduct an evaluation, assessment or an initial IFSP meeting. We believe that the referral of a child fewer

than 45 days before a child’s third birthday would not

allow a lead agency sufficient time to conduct the evaluation, assessment and initial IFSP meeting. Additionally, a lead agency would not have sufficient time to conduct a transition conference to discuss steps and

services. Thus, we have clarified in new §303.209(b)(1)

(iii) that, for a child who is referred to the lead agency

fewer than 45 days before the child’s third birthday, if

the lead agency has received information in its referral that the child may be eligible for preschool services or other services under Part B of the Act, the lead agency,