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.
Comment: One commenter supported the requirement in
§303.344(h)(2)(iii) to obtain parental consent before
transmitting additional information about a child to the LEA and requested clarification of the basic information that must be provided to the LEA representative at the transition conference or IFSP meeting to develop the transition plan. Another commenter noted that careful documentation will be needed to ensure that parental consent is obtained.
Discussion: To clarify the relationship between
§§303.344(h) and 303.209 regarding transition, we have
added the words “smooth” and “from Part C services” in
§303.344(h)(1). We also have revised §303.344(h)(2)(iii)
to clarify that the transition steps and services in the IFSP must include confirmation that child find information was transmitted to the LEA or other relevant agency.
With regard to the comments regarding parental consent
in §303.344(h)(2)(iii), we have clarified that parental
consent must be obtained if personally identifiable
information is disclosed as required under §303.414. Given
that personally identifiable information is discussed at the IFSP meeting to develop a transition plan, if the LEA representative is from an LEA that is not a participating
agency under §303.403(c) or if attendance is required of