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.
lead agency may not be able to meet the transition
conference and transition plan timelines in §303.209(c) and
(d) for children referred 135 days prior to their third
birthday, pursuant to §303.209(b)(1)(ii), the lead agency
must still refer the toddler with a disability, as soon as possible, to the SEA and the LEA where the toddler resides if that toddler is potentially eligible for preschool services under Part B of the Act.
Comment: One commenter requested clarification as to whether the IFSP meeting requirements, including accessibility of meetings, apply to transition conferences
Discussion: In response to this comment, we have added new
§303.209(e) to clarify that transition conferences
conducted under §303.209(c) must meet the accessibility and
parental consent requirements in §303.342(d) and (e) and
the meeting participant requirements in §303.343(a).
Additionally, because the meeting to develop the transition
plan under §303.209(d) can, but may not, occur at the time
of the annual or periodic IFSP review, we also have clarified that the meeting to develop the transition plan
under §303.209(d) must meet the accessibility and parental
consent requirements in §303.342(d) and (e) and the meeting