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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.

Discussion: It is the Department’s position that adding a

rule of construction to the regulations is not necessary because a State can use its inter or intra-agency agreements, or other methods, to clarify transition procedures and develop a process for unique circumstances, such as the referral of a child less than 45 days prior to the date that the transition conference must occur. The lead agency may not be able to meet the transition

conference and transition plan timelines in §303.209(c)(1)

and (d) if the lead agency receives a referral for that child less than 45 days prior to the date that the transition conference must occur (i.e., more than 90 days but less than 135 days (that is, 45 days plus 90 days)

prior to the child’s third birthday). However, we

encourage States in these instances to discuss transition at the initial IFSP meeting for a toddler with a disability

who is referred within 135 days of that toddler’s third

birthday.

Additionally, the lead agency remains responsible

under §303.310 for meeting the 45-day timeline for

conducting the initial evaluation, assessments and IFSP

meeting and, under §§303.342(e) and 303.344(f)(1), for

implementing the IFSP services that are consented to by the parent as soon as possible. While we recognize that the