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.

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
34 CFR §303.34 — Service coordination services (case management)
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
34 CFR §303.301 — Public awareness program—information for parents
34 CFR §303.344 — Content of an IFSP
34 CFR §303.401 — Confidentiality and opportunity to examine records

34 CFR §300.25 — Infant or toddler with a disability
34 CFR §300.124 — Transition of children from the Part C program to preschool programs
34 CFR §300.321 — IEP Team
34 CFR §300.323 — When IEPs must be in effect
34 CFR §300.501 — Opportunity to examine records; parent participation in meetings
34 CFR §300.504 — Procedural safeguards notice