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commenter asked why a child’s service coordinator is not

included in the list of required attendees for the

transition conference. Other commenters requested that the

regulations specifically require an LEA or SEA representative to participate in the transition conference; these commenters argued that this requirement would make the Part C regulations consistent with 34 CFR 300.124(c) of the Part B regulations.

Discussion: We agree that it would be helpful to clarify the required attendees for a transition conference. For

this reason, we have added a new paragraph (e) to §303.209,

which references §303.343(a) and the required members of

the IFSP Team, to ensure that the attendees required for

periodic IFSP review meetings under §303.343(b), including

the service coordinator, also are required to attend the

transition conference required under §303.209(c) and the

meeting to develop the transition plan pursuant to


It is the Department’s position that requiring

participation by an LEA representative under this part is not appropriate but we note that, as part of its responsibilities under section 637(a)(9)(A)(ii)(II) of the

Act and §303.209(c)(1) of these regulations, the lead

agency must invite the LEA representative to the transition