Frequently Asked Questions: Early Childhood Transition

IDEA speaks to the information to be included in the transition notification to the SEA and appropriate LEA in 34 CFR §303.401(d) — Disclosure of Information, as follows:

"(1) Subject to paragraph (e) of this section, the lead agency must disclose to the SEA and the LEA where the child resides, in accordance with §303.209(b)(1)(i) and (b)(1)(ii), the following personally identifiable information under the Act:

(i) A child's name.

(ii) A child's date of birth.

(iii) Parent contact information (including parents' names, addresses, and telephone numbers).

(2) The information described in paragraph (d)(1) of this section is needed to enable the lead agency, as well as LEAs and SEAs under part B of the Act, to identify all children potentially eligible for services under §303.211 and Part B of the Act."

While IDEA regulations do not explicitly state that parent email address be included, guidance issued in the Office of Special Education Programs' 2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01) states in response to Question 2.

The transition notification to the SEA and LEA must include the child's name, date of birth, and parent contact information (name, home and email address, telephone number). The transition notification by the Part C EIS provider to the SEA and appropriate LEA is critical to ensure that the Part B programs can meet their responsibilities and ensure implementation of the IDEA Part B child find mandate. Thus, the transition notification to the SEA and LEA may also include the Part C service coordinator's name and contact information as well as the language(s) spoken by the child and parent(s) to further assist the SEA and LEA in meeting their child find responsibilities.

A timely transition helps to ensure continuity of services, adequate collaboration among agencies, meaningful family engagement throughout the process, and compliance with federal and state requirements. In the context of early childhood transition, "timely" can be interpreted to mean that required steps in the transition process occur within state or federally required timelines, and early enough to prevent any disruption in services for a child and their family.

Federally required timelines are guided by the Individuals with Disabilities Education Act (IDEA), and State required timelines should be appropriately aligned to federal requirements.

Guidance issued in the Office of Special Education Programs' 2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01) provides clarification on the requirements to address the transition of children from the Part C early intervention (EI) program to Part B preschool and other programs.

Under the IDEA, timely transition includes:

• Ensuring a transition plan is established in the individualized family service plan (IFSP) of all exiting children no fewer than 90 days (and at the discretion of all parties, not more than 9 months) before the 3rd birthday. —34 CFR §303.209(d)(2)
• Providing the SEA and LEA with notification of toddlers potentially eligible for Part B preschool services no fewer than 90 days before the toddler turns 3. —34 CFR §303.209(b)(1)(i)
• Convening a transition conference not fewer than 90 days and at the discretion of all parties, not more than 9 months before the toddler's 3rd birthday. —34 CFR §303.209(c)(1)
• Providing written notice of the conference to the family and other participants (including LEA), early enough to ensure attendance. —34 CFR §303.342(d)(2)
• Conducting the Part B initial evaluation within the 60-day timeline or its state-established timeline. —34 CFR §300.301(c)(1)
• Conducting a meeting to develop the IEP within 30 days of a determination that the child needs special education and related services. —34 CFR §300.323(c)(1)
• Developing and implementing the IEP by the 3rd birthday of a child referred by Part C, found eligible for Part B. —34 CFR §300.101(b)(1)(ii)
• Ensuring that as soon as possible following development of the IEP, special education and related services are made available to the child in accordance with the child's IEP. —34 CFR §300.323(c)(2)

IDEA regulations indicate in 34 CFR §303.401(e)(1) that a lead agency, through its policies and procedures, may require EIS providers, to inform parents of the intended disclosure of information to the SEA and the LEA where the child resides and allow the parents a specified time period to object to the disclosure in writing. If the parent objects in writing within the time period established by the lead agency, the EIS program or provider are not permitted to make the disclosure.

Furthermore, the Office of Special Education Programs' 2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01) states in response to Question 5.

The lead agency's transition notification to the SEA and appropriate LEA must be treated as an initial referral under Part B 34 CFR §300.504(a)(1). An LEA must take certain specific steps upon receipt of Part C's referral as described below.

Part B Procedural Safeguards Notice and LEA Decision to Conduct an Initial Evaluation

Upon receipt of the referral from Part C, the LEA must provide the child's parent with a copy of the procedural safeguards notice as required under 34 CFR §300.504. Further, the LEA must take one of two actions. If the LEA suspects the child has a disability under Part B, the LEA must request the parent's consent to conduct an initial evaluation to determine the child's eligibility for services under Part B 34 CFR §300.300 and, if the parent provides consent, conduct the evaluation. However, if the LEA does not suspect that the child has a disability under Part B, the LEA must provide the parent written notice consistent with 34 CFR §300.503 that explains, among other things, the basis for its decision and a statement that the parents have protections under the Part B procedural safeguards.

Initial Evaluation

In general, IDEA requires that all children served under Part C and referred for services under Part B who are suspected of having a disability under Part B:

• Must be evaluated and their eligibility determined under Part B
• If determined eligible, must have an IEP developed and implemented by their third birthdays.

—34 CFR §300.101(b), 300.124(b), and 303.209

With the parent's consent, the LEA must conduct the initial evaluation of a child suspected of having a disability under IDEA in accordance with the specified procedures and within the 60-day timeline or its State-established timeline consistent with 34 CFR §300.301.

Eligibility Determination

Upon completion of assessments and other evaluation measures, a group of qualified professionals and the child's parent determine whether the child is a child with a disability under Part B and the educational needs of the child under 34 CFR §300.306(a)(1). The LEA must provide a copy of the evaluation report and documentation of determination of the child's eligibility at no cost to the parent. —34 CFR 300.306(a)(2)

Initial IEP Meeting and Development of the IEP

A meeting to develop the IEP for a child must be conducted within 30 days of a determination that the child needs special education and related services. As soon as possible following development of the IEP, special education and related services must be made available to the child in accordance with their IEP. —34 CFR §300.323(c)

The Office of Special Education Programs' 2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01) states in response to Question 5 and OSEP's Letter to Nix (March 17, 2023) that the lead agency's (LA) transition notification to the SEA and appropriate LEA must be treated as an initial referral under Part B 34 CFR §300.504(a)(1).

The 2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01) states in Question 4 that the invitation to the LEA representative for the transition conference for those children potentially eligible for Part B can serve as the notification to the SEA and applicable LEA for such children, provided that the invitation:

• Is sent not fewer than 90 days prior to the child's third birthday, as required under 34 CFR §303.209(b)(1)(i).
• Includes the information identified in response to Question 2.
• Is provided to both the SEA and applicable LEA and reported in SPP/APR's Part C Indicator 8B and Part B Indicator 12.

While this is not the practice in all States, if the LA has adopted this as a State policy, then its interagency or intra-agency agreement on early childhood transition that is required under 34 CFR §303.209(a)(3)(i)(A) and (B) should codify this policy and include the actual procedures for EIS programs and providers and LEA personnel. If there is no Statewide policy, local transition agreements should reflect this policy if it is adopted by the local EIS program or provider. If local programs vary, the LA and SEA as part of their general supervision responsibilities must ensure that the EIS program or provider and the LEA, respectively, are in compliance with IDEA.

An LEA must take certain specific steps upon receipt of Part C's referral (transition notification) as described below.

Part B Procedural Safeguards Notice and LEA Decision to Conduct an Initial Evaluation

Upon receipt of the referral from Part C, the LEA must provide the child's parent with a copy of the procedural safeguards notice as required under 34 CFR §300.504. Further, the LEA must take one of two actions. If the LEA suspects the child has a disability under Part B, the LEA must request the parent's consent to conduct an initial evaluation to determine the child's eligibility for services under Part B 34 CFR §300.300 and, if the parent provides consent, conduct the evaluation. However, if the LEA does not suspect that the child has a disability under Part B, the LEA must provide the parent written notice consistent with 34 CFR §300.503 that explains, among other things, the basis for its decision and a statement that the parents have protections under the Part B procedural safeguards.

Initial Evaluation

With the parent's consent, the LEA must conduct the initial evaluation of a child suspected of having a disability under IDEA in accordance with the specified procedures and within the 60-day timeline or its State-established timeline consistent with 34 CFR §300.301.

Initial IEP Meeting and Development of the IEP

A meeting to develop the IEP for a child must be conducted within 30 days of a determination that the child needs special education and related services. As soon as possible following development of the IEP, special education and related services must be made available to the child in accordance with their IEP. —34 CFR §300.323(c)

Requirements pertaining to a state transition notification opt-out policy are indicated in 34 CFR §303.401(e) — Option to inform a parent about intended disclosure:

"(1) A lead agency, through its policies and procedures, may require EIS providers, prior to making the limited disclosure described in paragraph (d)(1) of this section, to inform parents of a toddler with a disability of the intended disclosure and allow the parents a specified time period to object to the disclosure in writing.

(2) If a parent in a State that has adopted a transition notification opt-out policy objects during the time period provided by the State, the lead agency and EIS provider are not permitted to make such a disclosure."

While IDEA does not specify a time period that families must be granted to make or reconsider their decision about the disclosure of personally identifiable information, any such time period should be established by state policy.

Consistent with longstanding OSEP guidance, a transition notification opt-out policy must specify:

• When parents will be notified
• How parents will be notified
• The length of time parents have to opt out
• How parents can opt out (parents can opt out only in writing)
• The content of notice, which must include:
  • The information to be disclosed (child's name and date of birth, and parent contact information)
  • The right to opt out of disclosure
  • The time period the parent has to notify lead agency that the parent is opting out
  • How parents can opt out (in writing)

As stated in OSEP's 2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01), the State's policy must be subject to public participation requirements, as applicable, and should be jointly developed with the SEA and included in the LA and SEA/LEA's transition memorandum of understanding (MOU). —34 CFR §303.208(b)

The EI lead agency and EI program or provider are responsible for fully explaining (or including a copy of) any policy allowing families to opt out of SEA and LEA notification in its Part C grant application (as applicable), as part of its description of the policies and procedures submitted under Section II.A.10.

As stated in response to Question 18 of The Office of Special Education Programs' (OSEP) 2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01), the determination of whether a toddler with a disability under Part C is potentially eligible for Part B preschool services is made under IDEA Part C by that toddler's IFSP team as part of the transition process. While the lead agency (LA) is responsible for establishing the State policy in defining potentially eligible for Part B, because the LA, state education agency (SEA) and local education agency (LEA) all have transition responsibilities that hinge on this definition, the policy should reflect the collaboration between the LA and the SEA. Such collaboration would be part of an intra or interagency agreement on early childhood transition that is required under 34 CFR §303.209(a)(3)(i)(A) when the SEA is not the LA.

Some examples of how states define children who are "potentially eligible" for Part B services include, but are not limited to the following:

• Any child receiving Part C services is considered potentially eligible for Part B preschool services.
• Children in early intervention are considered potentially eligible for Part B unless there is a clear expectation that they will no longer require services by the time they reach age three.
• A child who has not met all IFSP outcomes or the IFSP team has ongoing concerns about their development.
• Any child receiving Part C services at least 90 days before the child turns three is potentially eligible for Part B preschool services.
• Any child found eligible for Part C services between 90-45 days before their third birthday is potentially eligible for Part B preschool services.

Yes, a child who has been determined eligible under Part C (and is therefore receiving service coordination services) is considered to have been "served under Part C" for this purpose.

See also: Annual Reporting, Question AR3

Yes, a child who has been determined eligible under Part C (and is therefore receiving service coordination services) is considered to have been "served under Part C" for this purpose. See question AR3 for additional information.

As stated in response to Question 14 of 2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01), responsibilities for children found eligible less than 90 days before their third birthday are as follows:

Less than 90 days before the child's third birthday

If a child is determined eligible for Part C early intervention services between 45 and 90 days prior to the toddler's third birthday, the LA must notify the LEA and SEA as soon as possible after the toddler's eligibility determination. 34 CFR §303.209(b)(1)(ii). The State must ensure that the LEA and SEA notification is consistent with any opt-out policy that the State has adopted, which would permit a parent to object to disclosure of personally identifiable information (PII). —34 CFR §303.209(b)(2)

With the parent's consent, the LEA must conduct the initial evaluation of a child suspected of having a disability under IDEA, Part B in accordance with the 60-day timeline or its State-established timeline consistent with 34 CFR §300.301(c)(1), including any exceptions, even if that timeline expires after the child's third birthday.

If the child and family have been determined eligible for Part C services, the LA must discuss transition steps and services under 34 CFR §303.344(h). This meeting to develop the initial IFSP should include a discussion of the procedures to prepare the child for transition and changes in service delivery. The transition conference should include a review of the following:

• Part C procedural safeguards.
• Most recent assessment data and IFSP.
• Current services and the toddler's developmental, medical, and social-emotional support needs.
• Other program options and services available to be considered by the family.

The LA must exit the child from Part C services no later than the child's third birthday unless:

• The State has OSEP-approved policies for the Part C extension option under 34 CFR §303.211 to provide early intervention services to children beyond age 3.

• The parent consents to the continuation of Part C services.

In that circumstance, the LA must revise the IFSP under the Part C extended IFSP option to, at a minimum, include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills. —34 CFR §303.211(b)(2)

Fewer than 45 days before the child's third birthday

If a child is referred to the LA and early intervention service (EIS) program or provider fewer than 45 days before that toddler's third birthday, the LA is not required, but may opt, to conduct the initial evaluation, assessment, or IFSP meeting. If that child may be eligible for preschool services or other services under IDEA Part B, the LA, with parental consent required under 34 CFR §303.414, must refer the toddler to the SEA and appropriate LEA. —34 CFR §303.209(b)(1)(iii)

As noted above, the LEA must then, if it suspects the child of having a disability under Part B, obtain the parent's consent to conduct the initial Part B evaluation and ensure it is completed in accordance with the 60-day timeline or its State-established timeline consistent with 34 CFR §300.301(c)(1), including any exceptions, even if that timeline expires after the child's third birthday.

Additional information about Part C and Part B program responsibilities and Annual Performance Report (APR) reporting requirements for children who are soon approaching age three years at the time of referral to Part C (such as children referred to Part C 135 days or less before the third birthday), can be found in the longstanding resource, Federal IDEA Part C and Part B Transition Requirements for Late Referrals to Part C. This resource outlines transition requirements for those children who are:

• Referred and determined eligible between 135 and 90 days before the child's third birthday.
• Referred and determined eligible between 89 and 45 days before the child's third birthday.
• Referred less than 45 days (44 days or less) before the child's third birthday.

As stated in response to Question 5 of OSEP's 2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01), the LA's transition notification to the SEA and appropriate LEA must be treated as an initial referral under Part B regulations 34 CFR §300.504(a)(1) and OSEP's Policy Letter: March 17, 2023, to Nix. This notification (which is to be treated as the referral under Part B) initiates the timelines associated with responsibilities to conduct an initial evaluation, eligibility determination, initial IEP meeting, and development of the IEP.

Responsibilities may vary depending on state-specific policies related to charter schools. LEAs are responsible for IDEA Early Childhood Transition requirements, according to 34 CFR §300.124. In some states, charter schools serve as their own LEAs and in others they do not. Refer to your state's policies related to charter schools to determine if charter schools are their own LEA.

Regardless of the state's charter school structure, the LEA is responsible for meeting the IDEA early childhood transition requirements under 34 CFR §300.124:

"The State must have in effect policies and procedures to ensure:

(a) Children participating in early intervention programs assisted under Part C of the Act, and who will participate in preschool programs assisted under Part B of the Act, experience a smooth and effective transition to those preschool programs.

(b) By the third birthday of a child described in paragraph (a) of this section, an IEP or, if consistent with §300.323(b), an IFSP has been developed and is being implemented for the child consistent with §300.101(b).

(c) Each affected LEA will participate in transition planning conferences arranged by the designated lead agency."

OSEP has developed several resources to help states implement, monitor, and maintain their transition agreements.

Guidance on Creating an Effective Memorandum of Understanding (2022)

This document provides an overview of factors to consider when developing, implementing, and sustaining memoranda of understanding (MOUs) at the State level to create a coordinated approach to service delivery that improves outcomes for young children who are at risk for or have a developmental delay or disability. While this document focuses on IDEA and Head Start programs, States may wish to consider this document when developing, reviewing, and/or updating their Part C to B Transition Agreement.

OSEP Transition Checklist (2012)

The Part C regulations 34 CFR §303.209(a)(3) require the State to include in its IDEA Part C application a description of how the State will meet each of the requirements in 34 CFR §303.209.

In addition, 34 CFR §303.209(a)(3)(ii) requires the lead agency to have a Transition Agreement to address how the State will meet the IDEA Part C early childhood transition requirements. This checklist can assist states in ensuring their policies and interagency agreements comply with federal requirements for transitioning children from Part C EI services to Part B preschool special education services.

2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01) (2023)

The purpose of the 2023 Early Childhood Transition Questions and Answers document is to assist State lead agencies and EIS programs and providers, as well as State Educational Agencies and Local Educational Agencies (LEAs), in ensuring a seamless transition for children with disabilities transitioning from Part C EI services to Part B preschool and other programs.

The EC Transition Q&A incorporates longstanding policy and provides further clarification on the early childhood transition requirements under both Part C and Part B of IDEA, in response to questions the Office of Special Education Programs (OSEP) has received in recent years.

Transition Agreements operationalize the day-to-day processes. Many of the specifics relate to state policies, procedures, and practices, including:

• When and how Part C transmits transition notification to the SEA and LEA
• What is included in Transition Notification
• Processes related to the state's opt-out policy (if applicable)
• Practices that Part C will follow when attempting to coordinate the transition conference with the LEA
• Part B's requirement to participate in the transition conference
• IEP Teams' consideration of the IFSP when developing the initial IEP
• Ensuring FAPE for children beginning at age 3
• Procedures for Part C and Part B in using invitation to the LEA representative for the transition conference as transition notification (if applicable)
• Steps to take when practices are inconsistent with agreed-upon procedures

Outline collaborative practices, highlight communication methods and timelines, as well as steps to be taken when practices are inconsistent with agreed-upon procedures. This ensures that any issues are addressed and corrected in a timely manner.

The SPP/APR Part C Measurement Table permits states to use either monitoring data or data from the state database when reporting APR results for Indicator C8A.

States may report data from either:

• The full reporting year (when using statewide data system or database).
• A specific time period within the reporting year (for example, September—December, a single quarter, or another defined period).

If a state elects to use data from only a portion of the reporting year, the selected data must accurately reflect data for infants and toddlers with IFSPs for the full reporting year. One way to measure this is if the number of toddlers exiting at age three during the selected period is reasonably reflective of the number of toddlers exiting at age three during the full reporting year. For instance, a state had 315 toddlers exited at age three during the third quarter, representing 25.2% of the 1,250 toddlers who exited at age three between July 1, 2025, and June 30, 2026. This proportion suggests that the quarter is reasonably representative of the full reporting year.

Part C eligibility is determined by each state's definition of an infant or toddler with a disability. Children determined eligible must meet at least one of the following criteria:

• An infant or toddler with a developmental delay.
• An infant or toddler with diagnosed physical or cognitive conditions with a high probability of resulting in developmental delay.

States may choose to include children at risk for disabilities in their eligibility definition under 34 CFR §303.21.

Services can continue to be provided under those eligibility circumstances, depending on how the state defines eligibility and need for services (including based on clinical opinion). However, if a program determines that a child no longer qualifies for services of any kind, then the child must be exited.

The EDFacts File Specifications SY 2025–26 (FS901 (DG5022) — Infants and Toddlers with Disabilities (IDEA Part C) Exiting v22.0) includes federally defined reasons for no longer receiving services.

Any child who is no longer eligible would be exited with a reason called "Program Completion", defined as:

"1. No longer eligible for Part C prior to reaching age three
Include all children who, within this 12-month reporting period, have exited Part C before age three because they are no longer eligible under IDEA, Part C".

Part C regulations do not explicitly define "enrolled" in Part C early intervention (EI) services. Terminology and operational definitions may vary by state.

Part C Regulations as outlined in 34 CFR §303.209 as well as OSEP's 2023 Early Childhood Transition Questions and Answers (OSEP QA 24-01) clarify Part C transition responsibilities, including requirements that are applicable from the point of Part C eligibility determination. These requirements apply even if an IFSP has not yet been developed. Specific responsibilities may vary, depending on the timeframe in which a child was referred to Part C.

Under 34 CFR §300.101(b)(1), Free Appropriate Public Education (FAPE) must be available to all children residing in the State between ages 3–21 years:

"(1) Each State must ensure that:

(i) The obligation to make FAPE available to each eligible child residing in the State begins no later than the child's third birthday; and

(ii) An IEP or an IFSP is in effect for the child by that date, in accordance with §300.323(b)(2)."

If a child's third birthday occurs during the summer, the child's IEP Team must determine the date when services under the IEP or IFSP will begin. LEAs must ensure that extended school year services are available as necessary to provide FAPE, consistent with 34 CFR §300.106(a)(2).

An IEP must be written and in effect on or before the child's third birthday. Services may begin at a later date, as determined by the child's IEP Team, including the child's parent.

In this situation, the child may be reported in Indicator B12, category (d) as the delay in initiating services is attributable to the parent's refusal or failure to provide consent. Per the FFY 2020—FFY 2025 Part B SPP/APR Measurement Table, category (d) reflects the number of children for whom parent refusal to provide consent caused delays in evaluation or initial services or to whom exceptions under 34 CFR 300.301(d) applied. Category (d) is an allowable exception and is excluded from the Indicator B12 denominator.

Also, according to 34 CFR 300.300(b)(3), which addresses parental consent for services:

(3) If the parent of a child fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services, the public agency—

… (ii) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with the special education and related services for which the parent refuses to or fails to provide consent;"

See also: SPP/APR Submission Guidance, Checklists & Tips (including data calculations)

Under Part C regulations 34 CFR 303.401(e)(1), a LA through its policies and procedures, may require EIS providers to inform parents of intended notification prior to making the limited disclosure of PII for children who are approaching age three and may be eligible for preschool services under Part B. The LA may allow the parents a specified time period to object to the disclosure in writing.

According to the OSEP Transition Checklist for Reviewing Transition Documents under Section II.A.10 of the IDEA Part C Grant Application (2012), an Opt-Out policy must specify:

• When parents will be notified.
• How parents will be notified.
• The length of time parents have to opt out.
• How parents can opt out (in writing).
• The Content of Notice, which must include:
  • The information to be disclosed (child's name and date of birth and parent contact information—which includes name, home and email address, telephone number).
  • Right to opt out of disclosure.
  • The time period the parent has to notify lead agency that the parent is opting out.
• How parent can opt out (in writing).

States implementing opt-out policies must describe the policy in their Part C grant application.

Best practice indicates Part C and Part B agencies should work collaboratively when developing these policies and timelines to ensure that Part B has sufficient time to meet its regulatory obligations, including conducting an initial evaluation, determining eligibility, and when appropriate, conducting an initial IEP meeting, and developing an IEP before the child's third birthday.

Guidance associated with a family's choice to reverse its initial opt-out decision is state-specific and should be addressed in the state's established policy and procedures. In some states, a Transition Notification Opt-Out policy may allow a family to reverse its opt-out decision within a specific timeframe, thereby permitting transition notification disclosure to the LEA and SEA.

Ultimately, if the SEA and LEA are notified of a child transitioning from Part C to Part B, the LEA is required to develop and implement the IEP by the child's third birthday. The only known exceptions include:

• Children for whom parent refusal to provide consent caused delays in evaluation or initial services or to whom exceptions under 34 CFR §300.301(d) applied.
• Children determined to be eligible for early intervention services under Part C less than 90 days before their third birthdays.
• Children whose parents chose to continue early intervention services beyond the child's third birthday through a state's policy under 34 CFR §303.211 or a similar State option.
• Children determined to be NOT eligible for Part B and whose eligibility was determined prior to their third birthdays.

Federal regulations and guidance pertaining to Transition Notification Opt-Out policies do not specify documentation requirements when a family chooses to reverse their initial opt-out decision.