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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.

Changes: None.

Comment: One commenter recommended deleting “as

appropriate” from §303.209(d)(3), which requires,

consistent with §303.344(h), that the transition plan in