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third birthday.

• New §303.209(b)(1)(ii) clarifies that if the lead

agency determines a child to be eligible for Part C

services between 45 and 90 days prior to the toddler’s

third birthday, the lead agency must notify (consistent with any opt-out policy adopted by the

State under §303.401(e)), not only the LEA where the

toddler resides, but also the SEA, as soon as possible

after the toddler’s eligibility determination.

• New §303.209(b)(1)(iii) provides that if a child is

referred to the lead agency fewer than 45 days before

that toddler’s third birthday, the lead agency is not

required to conduct the initial evaluation, assessment, or IFSP meeting, and if that child may be eligible for preschool services or other services under Part B of the Act, the lead agency, with the

parental consent required under §303.414, must refer

the toddler to the SEA and appropriate LEA.

• Revised §303.209(d)(2) clarifies that the transition

plan is not a separate document, but is included in the IFSP.

• New §303.209(e) clarifies that a transition conference

under §303.209(c) or meeting to develop the transition

plan under §303.209(d) must meet the IFSP meeting