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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.

Changes: None.

Comment: One commenter requested clarification as to whether the IFSP meeting requirements, including accessibility of meetings, apply to transition conferences

in §303.209.

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