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.
§§303.209 and 303.211. Thus, we have revised §303.211(b)
(6) to identify the transition requirements (i.e., requirements relating to the transition from receiving
services under §303.211 to preschool, kindergarten or
elementary school) that apply to children age three and
older who are receiving services under §303.211.
Specifically, we have added new §303.211(b)(6)(i), (b)(6)
(ii), and (b)(6)(iii) to clarify that the lead agency must notify the SEA and appropriate LEA, conduct a transition conference, and develop a transition plan in the IFSP not fewer than 90 days before the child will no longer be
eligible under §303.211(a)(2) to receive or will no longer
receive early intervention services under §303.211. These
transition requirements, which parallel the requirements in
§303.209(b)(1)(i), (c)(1), and (d), are intended to occur
after the child is receiving, but soon to exit from,
services under §303.211. These transition requirements do
not affect the transition requirements under §303.209,
which apply to all infants and toddlers under the age three, including those in a State that elects to provide
services under §303.211.
As noted earlier under new §303.209(f) of this
Analysis of Comments and Changes section of the preamble,
we have clarified in new §303.211(b)(6) that the transition