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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.

“transition services,” as used in §303.209(d)(3)(ii), be

defined in the regulations.

Discussion: Transition services are those services that assist a toddler with a disability and his or her family to experience a smooth and effective transition from an early

intervention program under Part C of the Act to the child’s

next program or other appropriate services, including services that may be identified for a child who is no longer eligible to receive Part C or Part B services. The IFSP Team, which includes the parent, determines the appropriate transition services for each toddler exiting the Part C program. Given that transition services are based on the unique needs of the child and the family, States require flexibility to provide appropriate and individualized transition services for each child.

Therefore, it is the Department’s position that to further

define the term transition services is not appropriate.

Changes: None.

Comment: Some commenters requested that a rule of

construction be added to §303.209 to indicate that Part C

programs would not be held responsible for ensuring that required transition timelines are met if referral for Part C services occurs less than 45 days prior to the date that the transition conference must occur.