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.
§303.211(b)(6) later in this Analysis of Comments and
Changes section of the preamble.
Changes: We removed from new §303.209(a)(1) (proposed
§303.209(a)(1)(i)) references to children receiving
services under §303.211. We have added new paragraphs (f)
(1), (f)(2), and (f)(3) to §303.209 to clarify the
applicability of transition requirements under §303.209.
New §303.209(f)(1) provides that the transition
requirements in paragraphs (b)(1) and (b)(2), (c)(1), and (d) of this section apply to all toddlers with disabilities receiving services under this part before those toddlers
turn age three. New §303.209(f)(2) states that “In a State
that offers services under §303.211, for toddlers with
disabilities identified in paragraph (b)(1) of this section, the parent must be provided at the transition conference conducted under paragraph (c)(1) of this
section: (i) An explanation, consistent with §303.211(b)
(1)(ii), of the toddler’s options to continue to receive
early intervention services under this part or preschool services under section 619 of the Act and (ii) The initial
annual notice referenced in §303.211(b)(1).” Finally, in
new §303.209(f)(3), we clarify that the transition
requirements for children with disabilities age three and
older receiving services under §303.211 are set forth in