Federal Requirements for Transition from Part C to Preschool
Statute
IDEA contains several provisions related to transition:
- 20 U.S.C. §1412(a)(9) — 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 20 U.S.C. §1437(a)(9). By the time the child reaches age 3, an individualized education program (IEP) or—if consistent with sections 20 U.S.C. §1414(d)(2)(B) and 20 U.S.C. §1436—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 20 U.S.C. §1435(a)(10).
- 20 U.S.C. §1437(a)(9) — Transition requirements for state applications for Part C
- 20 U.S.C. §1436(d)(3) — an Individualized Family Service Plan (IFSP), which includes steps to support transition of a toddler with a disability to preschool or other appropriate services
- 20 U.S.C. §1414(d)(2)(B) — requiring the IEP team to consider an IFSP for children ages 3–5.
- 20 U.S.C. §1435(c)(1) — 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 until entrance into elementary school.
Regulations
Part C
- 34 CFR §303.209 — Transition to preschool and other programs
- 34 CFR §303.211 — State option to make services under this part available to children ages three and older
Subpart A — Definitions
- 34 CFR §303.34 — Service coordination services (case management)
Subpart C — State Application and Assurances
- 34 CFR §303.209 — Transition to preschool and other programs
- 34 CFR §303.210 — Coordination with Head Start and Early Head Start, early education, and child care programs
- 34 CFR §303.211 — State option to make services under this part available to children ages three and older
Subpart D — Child Find, Evaluations and Assessments, and Individualized Family Service Plans
- 34 CFR §303.301 — Public awareness program—information for parents
Individualized Family Service Plan (IFSP)
- 34 CFR §303.344 — Content of an IFSP
Confidentiality of Personally Identifiable Information and Early Intervention Records
- 34 CFR §303.401 — Confidentiality and opportunity to examine records
Part B
Subpart A — General Definitions
- 34 CFR §300.25 — Infant or toddler with a disability
Subpart B — State Eligibility
- 34 CFR §300.124 — Transition of children from the Part C program to preschool programs
Subpart D — Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements
- 34 CFR §300.321 — IEP Team
- 34 CFR §300.323 — When IEPs must be in effect
Subpart E — Procedural Safeguards
- 34 CFR §300.501 — Opportunity to examine records; parent participation in meetings
- 34 CFR §300.504 — Procedural safeguards notice
See also: Procedural Safeguards: Family Rights, Confidentiality, and Dispute Resolution