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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.

requirements concerning SEA and LEA notification,

transition conference, and transition plan in §§303.209(b)

(1)(i) and (b)(1)(ii), (c)(1), and (d), respectively, apply to toddlers with disabilities under the age of three in a

State that elects to offer services under §303.211. We

have clarified these requirements because ensuring a seamless transition for children receiving services under

§303.211 is important and the lead agency and LEA must

coordinate transition planning (including Part B eligibility determination and timely IEP development) for toddlers who may continue to receive Part C services under


Finally, we have identified the appropriate timeline

as “not fewer than 90 days before the child will no longer

be eligible to receive, or will no longer receive, early

intervention services under §303.211.” We recognize that,

in limited instances, parents may not notify the lead agency more than 90 days prior to requesting that their

child no longer receive services under §303.211 and, in

those instances, it would not be possible for the lead

agency to meet the requirements in §303.211(b)(6). In

these instances, we encourage lead agencies and SEAs and LEAs to coordinate, to the extent feasible, the transition of these children from early intervention services under