Federal Laws and Regulations Relating to Early Childhood Transitions

Individuals with Disabilities Education Improvement Act of 2004 (IDEA)

The IDEA was reauthorized and signed into law on December 3, 2004. For more information visit NECTAC's Web page on the Individuals with Disabilities Education Improvement Act (IDEA).

A new provision within Part C that may significantly impact when children transition from Part C is called the Part C Option - Flexibility To Serve Children 3 Years of Age Until Entrance Into Elementary School. This is an optional statewide system developed and implemented by the lead agency and the State Educational Agency available to children with disabilities who are eligible for services under Section 619 and previously received services under Part C. If a state adopts this policy, parents may choose the continuation of early intervention services (which shall include an educational component that promotes school readiness and incorporates preliteracy, language and numeracy skills) until state eligibility for kindergarten.

Minor changes in statutory language relevant to transition can be found in Part C Sec. 637(a)(9).

New statutory language found within the LEA Program of Part B Sec. 614(d)(2) requires the IEP team to consider the IFSP for children ages 3 through 5.

The National Early Childhood Transition Center (NECTC) has posted a Transition Alert (PDF: 80kb) detailing the impact the 2004 reauthorization has on early childhood transition.

IDEA Regulations

A Notice of Proposed Rulemaking (NPRM) (PDF: 434kb) (May 9, 2007) -- in HTML has been published for Part C to reflect the changes made in IDEA 2004.

In the previous Federal Regulations for Part C Transition is referenced in three separate sections within the regulations:

• General Requirements for a State Application - 303.148 Transition to Preschool Programs
• Content of the IFSP - 303.344 Transition from Part C Services
• Functions of the Council - 303.653 Transition Services

Federal Regulations for Part B as published in the Federal Register on August 14, 2006. Early childhood transition has 3 main citations under Part B:

• Transition of children from the Part C program to preschool programs - Sec. 300.124
  
  The State must have in effect policies and procedures to ensure that--

(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 in a manner consistent with section 637(a)(9) of the Act;

(b) By the third birthday of a child described in paragraph (a) of this section, an IEP or, if consistent with Sec. 300.323(b) and section 636(d) of the Act, an IFSP, has been developed and is being implemented for the child consistent with Sec. 300.101(b); and

(c) Each affected LEA will participate in transition planning conferences arranged by the designated lead agency under section 635(a)(10) of the Act.

• Initial IEP Team meeting for a child under Part C - Sec. 300.321(f)

(f) In the case of a child who was previously served under Part C of the Act, an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.

• IEP or IFSP for children aged three through five. - 300.323(b)

(1) In the case of a child with a disability aged three through five (or, at the discretion of the SEA, a two-year-old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is --

(i) Consistent with State policy; and

(ii) Agreed to by the agency and the child's parents.

(2) In implementing the requirements of paragraph (b)(1) of this section, the public agency must --

(i) Provide to the child's parents a detailed explanation of the differences between an IFSP and an IEP; and

(ii) If the parents choose an IFSP, obtain written informed consent from the parents.

Early Head Start & Head Start

45 CFR 1304 Program Performance Standards for the Operation of Head Start Programs by Grantee and Delegate Agencies

For more information on Early Head Start and its implementation visit the Early Head Start National Resource Center.

For more information on Head Start and its implementation visit the Head Start Bureau.