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.
plan be established in a child’s IFSP not fewer than 90
days (and at the discretion of all parties, not more than 9
months) before a toddler’s third birthday. The “not fewer
than 90 days” component of this requirement aligns the
timeline for transition planning with the timeline for the
SEA and LEA notification requirements in §303.209(b) and
with the timeline for the transition conference for toddlers with disabilities potentially eligible for Part B
services in §303.209(c), pursuant to section 637(a)(9)(A)
(ii)(II) of the Act.
The outer limit of this timeline (i.e., “not more than
9 months” before the toddler’s third birthday) is intended
to protect toddlers, whose needs change frequently at this
age. The Department’s position is that if transition
planning occurs more than nine months prior to a toddler’s
third birthday, this planning may not accurately reflect the needs of the child at the time of transition. For this reason, the regulations only allow the parties to establish a transition plan for a child not earlier than nine months
prior to the child’s third birthday.
Comment: One commenter recommended deleting “as
appropriate” from §303.209(d)(3), which requires,
consistent with §303.344(h), that the transition plan in