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Authorities: 20 USC §1436; 34 CFR Parts 300 and 303; Texas Education Code; Texas Government Code, 19 TAC Chapter 89

	FEDERAL AND STATE REQUIREMENTS
Practice	The local education agency (LEA) will comply with the CHILD FIND frameworks.
Practice	The LEA will develop a system to notify the population in the LEA with children who are at least three years of age but younger than six years of age and who are eligible for enrollment in a special education program of the availability of the program. Citations: TEC 29.009
	AGE RANGE FOR ELIGIBILITY
Practice	The LEA will ensure that a free appropriate public education (FAPE) is made available to all eligible children with disabilities ages 3-21. Citations: 89.1035(a) TEC 29.003(b) 300.101(a)
Practice	The LEA will ensure that FAPE is made available from birth to children with visual impairments, or who are deaf or hard of hearing; and comply with: Citations: 89.1035(b) TEC 29.003(b)(1) TGC 392.002
Practice	The VISUAL IMPAIRMENT framework;
Practice	The DEAF OR HARD OF HEARING framework; or
Practice	The DEAF-BLINDNESS framework.
	NONCATEGORICAL EARLY CHILDHOOD
Practice	The child between the ages of three through five may be described as eligible for special education services based on the NONCATEGORICAL EARLY CHILDHOOD framework if eligibility criteria are met for an intellectual disability, an emotional disturbance, a specific learning disability, or autism. Citations: 89.1040(c)(13)
	INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP)
Practice	For the child from birth through two years of age with a VISUAL IMPAIRMENT or who is DEAF OR HARD OF HEARING, an IFSP meeting will be held in place of an admission, review, and dismissal (ARD) committee meeting. For students three years of age and older, school districts will develop an individualized education program (IEP). Citations: 89.1050(b)
Practice	IFSP has the meaning given the term in the Individuals with Disabilities Education Act Part C (IDEA Part C). Citations: 300.24 303.20 20 USC 1436
Practice	The LEA will ensure the IFSP contains: Citations: 303.344 300.323(b)(1)(ii)
Document	A statement of the infant's or toddler's present levels of physical development including vision, hearing, and health status, cognitive development, communication development, social or emotional development, and adaptive development based on the information from that child's evaluation and assessments; Citations: 303.344(a) 303.321
Document	With the concurrence of the family, a statement of the family's resources, priorities, and concerns relating to enhancing the development of the child as identified through the assessment of the family; Citations: 303.344(b) 303.321(c)(2)
Document	A statement of the measurable results or measurable outcomes expected to be achieved for the child including pre-literacy and language skills as developmentally appropriate for the child and family, and the criteria, procedures, and timelines used to determine: Citations: 303.344(c)
Document	The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and Citations: 303.344(c)(1)
Document	Whether modifications or revisions of the expected results or outcomes, or early intervention of services are necessary; Citations: 303.344(c)(2)
Document	A statement of the specific early intervention services, based on peer-reviewed research, to the extent practicable, that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in the IFSP, including: Citations: 303.344(d)(1)
Document	The length, duration, frequency, intensity, and method of delivering the early intervention services; Citations: 303.344(d)(1)(i) 303.344(d)(2)
Document	A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, or a justification as to why an early intervention service will not be provided in the natural environment including: Citations: 303.344(d)(1)(ii)(A) 303.13(a)(8) 303.26 303.126
Document	The location of the early intervention services; and Citations: 303.344(d)(1)(iii) 303.344(d)(3)
Document	The payment arrangements, if any; Citations: 303.344(d)(1)(iv)
Document	For children who are at least three years of age, an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills; Citations: 303.344(d)(4)
Document	The projected date for the initiation of each early intervention service in the IFSP which will be as soon as possible after the parent consents to the service; Citations: 303.344(f)(1) 303.344(d)(1) 303.342(e) 303.420(a)(3)
Document	The anticipated duration of each service; Citations: 303.344(f)(2)
Document	The name of the service coordinator from the profession most relevant to the child's or family's needs or who is otherwise qualified to carry out all applicable responsibilities under this part, who will be responsible for implementing the early intervention services identified in the child's IFSP, including transition services, and coordination with other agencies and persons; and Citations: 303.344(g)(1) 303.344(g)(2) 303.34
Document	The steps and services to be taken to support the smooth transition of the child from IDEA Part C services to: Citations: 303.209
Document	Preschool services under Individuals with Disabilities Education Act Part B (IDEA Part B), to the extent that those services are appropriate; or Citations: 303.344(h)(1)(i) 303.209(a)(1)(i)
Document	Exiting the program for infants and toddlers with disabilities. Citations: 303.344(h)(1)(iii) 303.209(a)(1)(ii)
Document	To the extent appropriate, the IFSP also will: Citations: 303.344(e)
Document	Identify medical and other services that the child or family needs or is receiving through other sources, but that are neither required nor funded under this part; and Citations: 303.344(e)(1)
Document	If those services are not currently being provided, include a description of the steps the service coordinator or family may take to assist the child and family in securing those other services. Citations: 303.344(e)(2) 303.34
Document	The determination of the appropriate setting for providing early intervention services to the infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, will be: Citations: 303.344(d)(1)(ii)(B)
Document	Made by the IFSP team which includes the parent and other team members; Citations: 303.344(d)(1)(ii)(B)(1)
Document	Consistent with the IDEA Part C provisions regarding natural environments; and Citations: 303.344(d)(1)(ii)(B)(2) 303.13(a)(8) 303.26 303.126
Document	Based on the child's outcomes that are identified by the IFSP team. Citations: 303.344(d)(1)(ii)(B)(3) 303.344
Document	The instructional arrangement for children from birth through age two with visual impairments and/or who are deaf or hard of hearing will be determined in accordance with the IFSP, current attendance guidelines, and the agreement memorandum between the Texas Education Agency and Health and Human Services Commission (HHSC). Citations: 89.1005(d) TGC 392.002
Practice	Home instruction may be used for services to infants and toddlers, birth through age two, when determined appropriate by the child's IFSP committee. Citations: 89.1005(c)(2)(B)
	TRANSITION FROM IDEA PART C TO IDEA PART B PRESCHOOL PROGRAMS
Practice	The state will have in effect policies and procedures to ensure that children participating in Early Childhood Intervention programs assisted under IDEA Part C, and who will participate in preschool programs assisted under IDEA Part B, experience a smooth and effective transition to those preschool programs. Citations: 300.124(a)
Practice	For the child who may be eligible for preschool services under IDEA Part B, HHSC will: Citations: 303.209(b)(1)
Practice	Not fewer than 90 days before the third birthday of the child with a disability, notify the LEA for the area in which the child resides, that the child will shortly reach the age of eligibility for services under IDEA Part B unless the parent has opted out of the disclosure in writing; Citations: 303.209(b)(1)(i)
Practice	In the case of the child who is determined to be eligible for IDEA Part C services more than 45 days but less than 90 days before that child's third birthday, as soon as possible after determining the child's eligibility, notify the LEA for the area in which the toddler with a disability resides that the toddler will reach the age of eligibility for services under IDEA Part B, unless the parent has opted out of the disclosure in writing; or Citations: 303.209(b)(1)(ii)
Practice	In the case of the child who is referred for IDEA Part C services fewer than 45 days before that child's third birthday, with parental consent, refer the child to the LEA for the area in which the child resides; but, HHSC is not required to conduct an evaluation, assessment, or an initial IFSP meeting under these circumstances. Citations: 303.209(b)(1)(iii) 303.414
Practice	The HHSC notification will be consistent with any policy that the state has adopted concerning confidentiality of personally identifiable information and early intervention records permitting a parent to object to disclosure of personally identifiable information. Citations: 303.209(b)(2) 303.209(b)(1)(i) 303.209(b)(1)(ii) 303.401(e)
Practice	Unless the parent timely objects to the HHSC notification, notification will include the following personally identifiable information: Citations: 303.401(d)
Document	The child's name; Citations: 303.401(d)(1)(i)
Document	The child's date of birth; and Citations: 303.401(d)(1)(ii)
Document	Parent contact information including parents' names, addresses, and telephone numbers. Citations: 303.401(d)(1)(iii)
Practice	For the child who may be eligible for preschool services, HHSC will, with the approval of the child's family, convene a transition conference among HHSC, the family, and the LEA not fewer than 90 days and, at the discretion of all parties, not more than nine months before the child's third birthday to discuss any services the child may receive under IDEA Part B. Citations: 303.209(c)(1)
Practice	The LEA will participate in transition conferences arranged by the designated HHSC. Citations: 300.124(c)
Practice	Any transition conference or IFSP meeting to develop the transition plan, which conference and meeting may be combined into one meeting, will meet the IDEA Part C requirements concerning accessibility and convenience of meetings, parental consent for services, and initial and annual IFSP meetings. Citations: 303.209(e) 303.209(c)(1) 303.209(d) 303.342(d) 303.342(e) 303.343(a)
Practice	In the case of the child who was previously served under IDEA Part C, the LEA will send an invitation to the initial ARD committee meeting at the request of the parent to the IDEA Part C service coordinator or other representatives of the IDEA Part C system to assist with the smooth transition of services according to the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP and PRIOR WRITTEN NOTICE frameworks. Citations: 300.321(f)
Practice	By the third birthday of the child, the LEA will ensure that an IEP or in some cases an IFSP, has been developed and implemented for the child. Citations: 300.124(b)
	IEP
Practice	The LEA will ensure that an IEP is in effect for eligible children with disabilities no later than the child's third birthday and in compliance with the ADMISSION, REVIEW AND DISMISSAL COMMITTEE frameworks. Citations: 300.101(b)(1)(i) 89.1035(a)
Practice	If the child's third birthday occurs during the summer, the child's ARD committee must determine the date when services will begin. Citations: 300.101(b)(2)
Practice	The ARD committee will comply with the LEAST RESTRICTIVE ENVIRONMENT framework.
Practice	Home instruction may be used for young children, ages three through five, when determined appropriate by the ARD committee. Citations: 89.1005(c)(2)(B)
	DUAL ENROLLMENT
Practice	The parent of an eligible child who is age three or four has the right to dual enroll the child in both the public and private school beginning on the child's third birthday and continuing until the end of the school year in which the child turns five or until the child is eligible to attend the LEA's kindergarten program, whichever comes first. Citations: 89.1096(c)
Practice	When the parent chooses dual enrollment for the eligible child, the LEA will comply with the CHILDREN IN PRIVATE SCHOOLS framework.

Last Updated : Tue, Apr 04, 2023

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20 United States Code § 1436. Individualized family service plan.

(a) Assessment and program development A statewide system described in section 1433 of this title shall provide, at a minimum, for each infant or toddler with a disability, and the infant’s or toddler’s family, to receive—
   (1) a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs;
   (2) a family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the infant or toddler; and
   (3) a written individualized family service plan developed by a multidisciplinary team, including the parents, as required by subsection (e), including a description of the appropriate transition services for the infant or toddler.

(b) Periodic review The individualized family service plan shall be evaluated once a year and the family shall be provided a review of the plan at 6-month intervals (or more often where appropriate based on infant or toddler and family needs).

(c) Promptness after assessment The individualized family service plan shall be developed within a reasonable time after the assessment required by subsection (a)(1) is completed. With the parents’ consent, early intervention services may commence prior to the completion of the assessment.

(d) Content of plan The individualized family service plan shall be in writing and contain—
   (1) a statement of the infant’s or toddler’s present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria;
   (2) a statement of the family’s resources, priorities, and concerns relating to enhancing the development of the family’s infant or toddler with a disability;
   (3) a statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre-literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary;
   (4) a statement of specific early intervention services based on peer-reviewed research, to the extent practicable, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services;
   (5) a statement of the natural environments in which early intervention services will appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment;
   (6) the projected dates for initiation of services and the anticipated length, duration, and frequency of the services;
   (7) the identification of the service coordinator from the profession most immediately relevant to the infant’s or toddler’s or family’s needs (or who is otherwise qualified to carry out all applicable responsibilities under this subchapter) who will be responsible for the implementation of the plan and coordination with other agencies and persons, including transition services; and
   (8) the steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services.

(e) Parental consent The contents of the individualized family service plan shall be fully explained to the parents and informed written consent from the parents shall be obtained prior to the provision of early intervention services described in such plan. If the parents do not provide consent with respect to a particular early intervention service, then only the early intervention services to which consent is obtained shall be provided.

Last Amended: Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2751
Entered: May 26, 2009

34 Code of Federal Regulations § 303.344 Content of an IFSP.

(a) Information about the child's status. The IFSP must include a statement of the infant or toddler with a disability's present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development based on the information from that child's evaluation and assessments conducted under §303.321.

(b) Family information. With the concurrence of the family, the IFSP must include a statement of the family's resources, priorities, and concerns related to enhancing the development of the child as identified through the assessment of the family under §303.321(c)(2).

(c) Results or outcomes. The IFSP must include a statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre-literacy and language skills, as developmentally appropriate for the child) and family, and the criteria, procedures, and timelines used to determine—
(1) The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and
(2) Whether modifications or revisions of the expected results or outcomes, or early intervention services identified in the IFSP are necessary.

(d) Early intervention services.
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
(i) The length, duration, frequency, intensity, and method of delivering the early intervention services;
(ii)
(A) A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, consistent with §§303.13(a)(8), 303.26 and 303.126, or, subject to paragraph (d)(1)(ii)(B) of this section, a justification as to why an early intervention service will not be provided in the natural environment.
(B) The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be—
(1) Made by the IFSP Team (which includes the parent and other team members);
(2) Consistent with the provisions in §§303.13(a)(8), 303.26, and 303.126; and
(3) Based on the child's outcomes that are identified by the IFSP Team in paragraph (c) of this section;
(iii) The location of the early intervention services; and
(iv) The payment arrangements, if any.
(2) As used in paragraph (d)(1)(i) of this section—
(i) Frequency and intensity mean the number of days or sessions that a service will be provided, and whether the service is provided on an individual or group basis;
(ii) Method means how a service is provided;
(iii) Length means the length of time the service is provided during each session of that service (such as an hour or other specified time period); and
(iv) Duration means projecting when a given service will no longer be provided (such as when the child is expected to achieve the results or outcomes in his or her IFSP).
(3) As used in paragraph (d)(1)(iii) of this section, location means the actual place or places where a service will be provided.
(4) For children who are at least three years of age, the IFSP must include an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills.

(e) Other services. To the extent appropriate, the IFSP also must—
(1) Identify medical and other services that the child or family needs or is receiving through other sources, but that are neither required nor funded under this part; and
(2) If those services are not currently being provided, include a description of the steps the service coordinator or family may take to assist the child and family in securing those other services.

(f) Dates and duration of services. The IFSP must include—
(1) The projected date for the initiation of each early intervention service in paragraph (d)(1) of this section, which date must be as soon as possible after the parent consents to the service, as required in §§303.342(e) and 303.420(a)(3); and
(2) The anticipated duration of each service.

(g) Service coordinator.
(1) The IFSP must include the name of the service coordinator from the profession most relevant to the child's or family's needs (or who is otherwise qualified to carry out all applicable responsibilities under this part), who will be responsible for implementing the early intervention services identified in a child's IFSP, including transition services, and coordination with other agencies and persons.
(2) In meeting the requirements in paragraph (g)(1) of this section, the term “profession” includes “service coordination.”

(h) Transition from Part C services.
(1) The IFSP must include the steps and services to be taken to support the smooth transition of the child, in accordance with §§303.209 and 303.211(b)(6), from part C services to—
(i) Preschool services under part B of the Act, to the extent that those services are appropriate;
(ii) Part C services under §303.211; or
(iii) Other appropriate services.
(2) The steps required in paragraph (h)(1) of this section must include—
(i) Discussions with, and training of, parents, as appropriate, regarding future placements and other matters related to the child's transition;
(ii) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting;
(iii) Confirmation that child find information about the child has been transmitted to the LEA or other relevant agency, in accordance with §303.209(b) (and any policy adopted by the State under §303.401(e)) and, with parental consent if required under §303.414, transmission of additional information needed by the LEA to ensure continuity of services from the part C program to the part B program, including a copy of the most recent evaluation and assessments of the child and the family and most recent IFSP developed in accordance with §§303.340 through 303.345; and
(iv) Identification of transition services and other activities that the IFSP Team determines are necessary to support the transition of the child.

Last Amended: 76 FR 60264, Sept. 28, 2011
Entered: Dec. 19, 2013

34 Code of Federal Regulations § 303.321 Evaluation of the child and assessment of the child and family.

(a) General.
(1) The lead agency must ensure that, subject to obtaining parental consent in accordance with §303.420(a)(2), each child under the age of three who is referred for evaluation or early intervention services under this part and suspected of having a disability, receives—
(i) A timely, comprehensive, multidisciplinary evaluation of the child in accordance with paragraph (b) of this section unless eligibility is established under paragraph (a)(3)(i) of this section; and
(ii) If the child is determined eligible as an infant or toddler with a disability as defined in §303.21--
(A) A multidisciplinary assessment of the unique strengths and needs of that infant or toddler and the identification of services appropriate to meet those needs;
(B) A family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of that infant or toddler. The assessments of the child and family are described in paragraph (c) of this section and these assessments may occur simultaneously with the evaluation, provided that the requirements of paragraph (b) of this section are met.
(2) As used in this part—
(i) Evaluation means the procedures used by qualified personnel to determine a child's initial and continuing eligibility under this part, consistent with the definition of infant or toddler with a disability in §303.21. An initial evaluation refers to the child's evaluation to determine his or her initial eligibility under this part;
(ii) Assessment means the ongoing procedures used by qualified personnel to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility under this part and includes the assessment of the child, consistent with paragraph (c)(1) of this section and the assessment of the child's family, consistent with paragraph (c)(2) of this section; and
(iii) Initial assessment refers to the assessment of the child and the family assessment conducted prior to the child's first IFSP meeting.
(3)
(i) A child's medical and other records may be used to establish eligibility (without conducting an evaluation of the child) under this part if those records indicate that the child's level of functioning in one or more of the developmental areas identified in §303.21(a)(1) constitutes a developmental delay or that the child otherwise meets the criteria for an infant or toddler with a disability under §303.21. If the child's part C eligibility is established under this paragraph, the lead agency or EIS provider must conduct assessments of the child and family in accordance with paragraph (c) of this section.
(ii) Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the lead agency must ensure that informed clinical opinion may be used as an independent basis to establish a child's eligibility under this part even when other instruments do not establish eligibility; however, in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility under paragraph (b) of this section.
(4) All evaluations and assessments of the child and family must be conducted by qualified personnel, in a nondiscriminatory manner, and selected and administered so as not to be racially or culturally discriminatory.
(5) Unless clearly not feasible to do so, all evaluations and assessments of a child must be conducted in the native language of the child, in accordance with the definition of native language in §303.25.
(6) Unless clearly not feasible to do so, family assessments must be conducted in the native language of the family members being assessed, in accordance with the definition of native language in §303.25.

(b) Procedures for evaluation of the child. In conducting an evaluation, no single procedure may be used as the sole criterion for determining a child's eligibility under this part. Procedures must include—
(1) Administering an evaluation instrument;
(2) Taking the child's history (including interviewing the parent);
(3) Identifying the child's level of functioning in each of the developmental areas in §303.21(a)(1);
(4) Gathering information from other sources such as family members, other care-givers, medical providers, social workers, and educators, if necessary, to understand the full scope of the child's unique strengths and needs; and
(5) Reviewing medical, educational, or other records.

(c) Procedures for assessment of the child and family.
(1) An assessment of each infant or toddler with a disability must be conducted by qualified personnel in order to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs. The assessment of the child must include the following—
(i) A review of the results of the evaluation conducted under paragraph (b) of this section;
(ii) Personal observations of the child; and
(iii) The identification of the child's needs in each of the developmental areas in §303.21(a)(1).
(2) A family-directed assessment must be conducted by qualified personnel in order to identify the family's resources, priorities, and concerns and the supports and services necessary to enhance the family's capacity to meet the developmental needs of the family's infant or toddler with a disability. The family-directed assessment must—
(i) Be voluntary on the part of each family member participating in the assessment;
(ii) Be based on information obtained through an assessment tool and also through an interview with those family members who elect to participate in the assessment; and
(iii) Include the family's description of its resources, priorities, and concerns related to enhancing the child's development.

Last Amended: 76 FR 60263, Sept. 28, 2011
Entered: Dec. 19, 2013

34 Code of Federal Regulations § 303.34 Service coordination services (case management).

(a) General.
(1) As used in this part, service coordination services mean services provided by a service coordinator to assist and enable an infant or toddler with a disability and the child's family to receive the services and rights, including procedural safeguards, required under this part.
(2) Each infant or toddler with a disability and the child's family must be provided with one service coordinator who is responsible for—
(i) Coordinating all services required under this part across agency lines; and
(ii) Serving as the single point of contact for carrying out the activities described in paragraphs (a)(3) and (b) of this section.
(3) Service coordination is an active, ongoing process that involves—
(i) Assisting parents of infants and toddlers with disabilities in gaining access to, and coordinating the provision of, the early intervention services required under this part; and
(ii) Coordinating the other services identified in the IFSP under §303.344(e) that are needed by, or are being provided to, the infant or toddler with a disability and that child's family.

(b) Specific service coordination services. Service coordination services include—
(1) Assisting parents of infants and toddlers with disabilities in obtaining access to needed early intervention services and other services identified in the IFSP, including making referrals to providers for needed services and scheduling appointments for infants and toddlers with disabilities and their families;
(2) Coordinating the provision of early intervention services and other services (such as educational, social, and medical services that are not provided for diagnostic or evaluative purposes) that the child needs or is being provided;
(3) Coordinating evaluations and assessments;
(4) Facilitating and participating in the development, review, and evaluation of IFSPs;
(5) Conducting referral and other activities to assist families in identifying available EIS providers;
(6) Coordinating, facilitating, and monitoring the delivery of services required under this part to ensure that the services are provided in a timely manner;
(7) Conducting follow-up activities to determine that appropriate part C services are being provided;
(8) Informing families of their rights and procedural safeguards, as set forth in subpart E of this part and related resources;
(9) Coordinating the funding sources for services required under this part; and
(10) Facilitating the development of a transition plan to preschool, school, or, if appropriate, to other services.

(c) Use of the term service coordination or service coordination services. The lead agency's or an EIS provider's use of the term service coordination or service coordination services does not preclude characterization of the services as case management or any other service that is covered by another payor of last resort (including Title XIX of the Social Security Act—Medicaid), for purposes of claims in compliance with the requirements of §§303.501 through 303.521 (Payor of last resort provisions).

Last Amended: 76 FR 60251, Sept. 28, 2011
Entered: Dec. 19, 2013

34 Code of Federal Regulations § 303.209 Transition to preschool and other programs.

(a) Application requirements. Each State must include the following in its application:
(1) A description of the policies and procedures it will use to ensure a smooth transition for infants and toddlers with disabilities under the age of three and their families from receiving early intervention services under this part to—
(i) Preschool or other appropriate services (for toddlers with disabilities); or
(ii) Exiting the program for infants and toddlers with disabilities.
(2) A description of how the State will meet each of the requirements in paragraphs (b) through (f) of this section.
(3) (i) (A) If the lead agency is not the SEA, an interagency agreement between the lead agency and the SEA; or
(B) If the lead agency is the SEA, an intra-agency agreement between the program within that agency that administers part C of the Act and the program within the agency that administers section 619 of the Act.
(ii) To ensure a seamless transition between services under this part and under part B of the Act, an interagency agreement under paragraph (a)(3)(i)(A) of this section or an intra-agency agreement under paragraph (a)(3)(i)(B) of this section must address how the lead agency and the SEA will meet the requirements of paragraphs (b) through (f) of this section (including any policies adopted by the lead agency under §303.401(d) and (e)), §303.344(h), and 34 CFR 300.101(b), 300.124, 300.321(f), and 300.323(b).
(4) Any policy the lead agency has adopted under §303.401(d) and (e).

(b) Notification to the SEA and appropriate LEA.
(1) The State lead agency must ensure that—
(i) Subject to paragraph (b)(2) of this section, not fewer than 90 days before the third birthday of the toddler with a disability if that toddler may be eligible for preschool services under part B of the Act, the lead agency notifies the SEA and the LEA for the area in which the toddler resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law;
(ii) Subject to paragraph (b)(2) of this section, if the lead agency determines that the toddler is eligible for early intervention services under part C of the Act more than 45 but less than 90 days before that toddler's third birthday and if that toddler may be eligible for preschool services under part B of the Act, the lead agency, as soon as possible after determining the child's eligibility, notifies the SEA and the LEA for the area in which the toddler with a disability resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law; or
(iii) Subject to paragraph (b)(2) of this section, if a toddler is referred to the lead agency fewer than 45 days before that toddler's third birthday and that toddler may be eligible for preschool services under part B of the Act, the lead agency, with parental consent required under §303.414, refers the toddler to the SEA and the LEA for the area in which the toddler resides; but, the lead agency is not required to conduct an evaluation, assessment, or an initial IFSP meeting under these circumstances.
(2) The State must ensure that the notification required under paragraphs (b)(1)(i) and (b)(1)(ii) of this section is consistent with any policy that the State has adopted, under §303.401(e), permitting a parent to object to disclosure of personally identifiable information.

(c) Conference to discuss services. The State lead agency must ensure that—
(1) If a toddler with a disability may be eligible for preschool services under part B of the Act, the lead agency, with the approval of the family of the toddler, convenes a conference, among the lead agency, the family, and the LEA not fewer than 90 days—and, at the discretion of all parties, not more than 9 months—before the toddler's third birthday to discuss any services the toddler may receive under part B of the Act; and.
(2) If the lead agency determines that a toddler with a disability is not potentially eligible for preschool services under part B of the Act, the lead agency, with the approval of the family of that toddler, makes reasonable efforts to convene a conference among the lead agency, the family, and providers of other appropriate services for the toddler to discuss appropriate services that the toddler may receive.

(d) Transition plan. The State lead agency must ensure that for all toddlers with disabilities—
(1) (i) It reviews the program options for the toddler with a disability for the period from the toddler's third birthday through the remainder of the school year; and
(ii) Each family of a toddler with a disability who is served under this part is included in the development of the transition plan required under this section and §303.344(h);
(2) It establishes a transition plan in the IFSP not fewer than 90 days—and, at the discretion of all parties, not more than 9 months—before the toddler's third birthday; and
(3) The transition plan in the IFSP includes, consistent with §303.344(h), as appropriate—
(i) Steps for the toddler with a disability and his or her family to exit from the part C program; and
(ii) Any transition services that the IFSP Team identifies as needed by that toddler and his or her family.

(e) Transition conference and meeting to develop transition plan. Any conference conducted under paragraph (c) of this section or meeting to develop the transition plan under paragraph (d) of this section (which conference and meeting may be combined into one meeting) must meet the requirements in §§303.342(d) and (e) and 303.343(a).

(f) Applicability of transition requirements.
(1) The transition requirements in paragraphs (b)(1)(i) and (b)(1)(ii), (c)(1), and (d) of this section apply to all toddlers with disabilities receiving services under this part before those toddlers turn age three, including any toddler with a disability under the age of three who is served by a State that offers services under §303.211.
(2) In a State that offers services under §303.211, for toddlers with disabilities identified in §303.209(b)(1)(i), the parent must be provided at the transition conference conducted under paragraph (c)(1) of this section:
(i) An explanation, consistent with §303.211(b)(1)(ii), of the toddler's options to continue to receive early intervention services under this part or preschool services under section 619 of the Act.
(ii) The initial annual notice referenced in §303.211(b)(1).
(3) For children with disabilities age three and older who receive services pursuant to §303.211, the State must ensure that it satisfies the separate transition requirements in §303.211(b)(6)(ii).

Last Amended: 76 FR 60256, Sept. 28, 2011
Entered: Dec. 19, 2013