IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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provision is appropriate.
Changes: We have added new §303.209(b)(1)(ii) to clarify
that if the lead agency determines, between 90 and 45 days
prior to a child’s third birthday that the child is
eligible for early intervention services under Part C of the Act, the lead agency must notify the SEA and the LEA for the area in which the toddler resides as soon as possible after the eligibility determination, that the toddler on his or her third birthday will reach the age of eligibility for services under Part B of the Act, as determined in accordance with State law . Additionally, we
have added paragraph (b)(3) to §303.209 to provide that if
a toddler is referred to the lead agency fewer than 45 days
before that toddler’s third birthday, the lead agency is
not required to conduct an evaluation, assessment or an initial IFSP meeting, and if that toddler may be eligible for preschool services or other services under Part B of the Act, the lead agency, with parental consent required
under §303.414, must refer the toddler to the SEA and the
LEA for the area in which the toddler resides.
Conference to discuss services (§303.209(c))
Comment: A few commenters recommended clarifying the required attendees, timelines, and procedures for the
transition conference required in §303.209(c). One