TITLE 34 - EDUCATION

SUBTITLE B - REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION

CHAPTER III - OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION

PART 303 - EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES

subpart b - STATE APPLICATION FOR A GRANT

303.148 - Transition to preschool programs.

Each application must include a description of the policies and procedures to be used to ensure a smooth transition for children receiving early intervention services under this part to preschool or other appropriate services, including (a) A description of how the families will be included in the transition plans; (b) A description of how the lead agency under this part will (1) Notify the local educational agency for the area in which the child resides that the child will shortly reach the age of eligibility for preschool services under Part B of the Act, as determined in accordance with State law; (2)(i) In the case of a child who may be eligible for preschool services under Part B of the Act, with the approval of the family of the child, convene a conference among the lead agency, the family, and the local educational agency at least 90 days, and at the discretion of the parties, up to 6 months, before the child is eligible for the preschool services, to discuss any services that the child may receive; or (ii) In the case of a child who may not be eligible for preschool services under Part B of the Act, with the approval of the family, make reasonable efforts to convene a conference among the lead agency, the family, and providers of other appropriate services for children who are not eligible for preschool services under Part B, to discuss the appropriate services that the child may receive; (3) Review the child's program options for the period from the child's third birthday through the remainder of the school year; and (4) Establish a transition plan; and (c) If the State educational agency, which is responsible for administering preschool programs under part B of the Act, is not the lead agency under this part, an interagency agreement between the two agencies to ensure coordination on transition matters. (Approved by the Office of Management and Budget under control number 1820 0550) (Authority: 20 U.S.C. 1437(a)(8)) Note: Among the matters that should be considered in developing policies and procedures to ensure a smooth transition of children from one program to the other are the following: • The financial responsibilities of all appropriate agencies.

• The responsibility for performing evaluations of children.

• The development and implementation of an individualized education program (IEP) or an individualized family service plan (IFSP) for each child, consistent with the requirements of law (see 303.344(h) and sections 612(a)(9) of the Act).

• The coordination of communication between agencies and the child's family.

• The mechanisms to ensure the uninterrupted provision of appropriate services to the child.

[58 FR 40959, July 30, 1993, as amended at 63 FR 18294, Apr. 14, 1998]