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.
• 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