Improving Systems, Practices and Outcomes

IDEA Statute and Regulations Relating to Early Childhood Transitions

Statute

WWW: The Individuals with Disabilities Education Improvement Act (IDEA) contains provisions related to transition:

  • Part B §1412 (a)(9) Transition from Part C to preschool programs.-- Children participating in early intervention programs assisted under Part C, and who will participate in preschool programs assisted under this part, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(9). By the third birthday of such a child, an individualized education program or, if consistent with sections 614(d)(2)(B) and 636(d), an individualized family service plan, has been developed and is being implemented for the child. The local educational agency will participate in transition planning conferences arranged by the designated lead agency under section 635(a)(10).
  • Part C §1437(a)(9), the transition requirements for state applications for Part C.
  • Part C §1436(d)(3), an individualized family service plan which includes steps to support transition of a toddler with a disability to preschool or other appropriate services.
  • Part B §1414(d)(2)(B) requires the IEP team to consider the IFSP for children ages 3 through 5.
  • Part C §1435(c)(1) for transition from Part C: Flexibility To Serve Children 3 Years of Age Until Entrance Into Elementary School. The lead agency and the state education agency may develop and implement a policy available to children with disabilities who are eligible for services under Section 619 and previously received services under Part C, to continue early intervention services.

Regulations

Part C

Complete Part C Regulations and additional non-regulatory guidance

Analysis of Comments contained within the Federal Register

  • Transition requirements - PDF: §303.209
  • State option to make services available to children ages three and older - PDF: §303.211

Subpart A Definitions

  • Service coordination services (case management) - PDF: §303.34

Subpart C - State Application and Assurances

Application Requirements:

  • Transition to preschool and other programs - PDF: §303.209
  • Coordination with Head Start and Early Head Start, early education, and child care programs - PDF: §303.210
  • State option to make services under this part available to children ages three and older - PDF: §303.211

Subpart D - Child Find, Evaluations and Assessments, and Individualized Family Service Plans

  • Public awareness program - information for parents (c) Information specific to toddlers with disabilities. - PDF: §303.301

Individualized Family Service Plan

  • Content of the IFSP - PDF: §303.344 Transition from Part C Services

Confidentiality of Personally Identifiable Information and Early Intervention Records

  • Confidentiality and opportunity to examine records - PDF: §303.401
    (d) Disclosure of information (e) Option to inform a parent about intended disclosure

Part B

Complete Part B Regulations and additional non-regulatory guidance

Subpart A - General - Definitions

  • Infant or toddler with a disability - WWW: §300.25

Subpart B - State Eligibility

  • Transition of children from the Part C program to preschool programs - WWW: §300.124

Subpart D - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

  • Initial IEP Team meeting for a child under Part C - WWW: §300.321(f)
  • IEP or IFSP for children aged three through five - WWW: §300.323(b)

Subpart E - Procedural Safeguards

  • Opportunity to examine records; parent participation in meetings - WWW: §300.501
  • Procedural safeguards notice - WWW: §300.504
  • IDEAs that Work: Office of Special Education Programs, U.S. Department of Education

The ECTA Center is a program of the FPG Child Development Institute of the University of North Carolina at Chapel Hill, funded through cooperative agreement number H326P170001 from the Office of Special Education Programs, U.S. Department of Education. Opinions expressed herein do not necessarily represent the Department of Education's position or policy.

Project Officer: Julia Martin Eile     © 2012-2018 ECTA Center

  • UNC Frank Porter Graham Child Development Institute