Section 500.100  Transition to Part B or Other Appropriate Services at Age Three

Children receiving services under this Part shall receive a smooth and effective transition to appropriate preschool programs under Part B of IDEA or to other appropriate services for three through five year olds, by their third birthday, unless Part C services are extended until the start of the school year that begins the same year as the child’s third birthday if the child has their third birthday between May 1 and August 31 (Extended Services).  The Service Coordinator shall make all reasonable efforts to ensure the continuity and coordination of services.

a)         No later than six months prior to the child's third birthday, the Service Coordinator shall begin to communicate with the child's family about transition. 

b)         If a toddler with a disability may be eligible for preschool services under Part B, the lead agency will notify the State education agency and the local education agency for the area in which the toddler resides, not fewer than 90 days before the child's third birthday, that the toddler, on his or her birthday, will reach the age of eligibility for services under Part B.  The lead agency will disclose the child's name, the child's date of birth, and parent contact information (including parents' names, addresses and telephone numbers).  With parental consent, the Service Coordinator will transmit additional information to the LEA or other relevant agency to ensure continuity of services from the Part C program to the Part B program, including a copy of the most recent evaluation and assessment of the child and the family and the most recent IFSP.

c)         If a toddler with a disability may be eligible for Part B, the Service Coordinator shall convene a conference (upon the parent's approval), consisting of at least the family, the local educational agency and the IFSP team, including the Service Coordinator, to discuss service options for the child.  The conference shall also include a review of the child's program options for the period from the child's third birthday through the remainder of the school year, including a review of potential eligibility for Extended Services with Part C, until the start of the next school year.  The meeting shall be held at least 90 days and, at the discretion of all parties, not more than 9 months before the toddler's third birthday to discuss any services the toddler may receive under Part B.  The Service Coordinator shall inform the parent in writing of educational rights of students with disabilities under Part B.  If the child is not potentially eligible for preschool services under Part B, the Services Coordinator shall make reasonable efforts to convene a conference (upon the parent's approval) among the coordinator, the family and providers of other appropriate services for the toddler to discuss appropriate services that the toddler may receive.

d)         The Service Coordinator shall convene an IFSP team meeting no more than 120 days prior to the child's third birthday, if an annual IFSP meeting is not otherwise due, to discuss and document progress toward child outcomes and functional goals.  If the IFSP team is able to participate in the transition conference described in subsection (c) and progress measures can be measured at that time, it is not necessary to convene a separate IFSP team meeting.

e)         For all children receiving services under this Part, not fewer than 90 days and, at the discretion of all parties, not more than 9 months before the child's third birthday the Service Coordinator shall establish a written transition plan in the IFSP.  The transition plan in the IFSP includes, as appropriate, steps for the toddler with a disability and his or her family to exit from the Part C program and any transition services that the IFSP team identifies as needed by that toddler and his or her family.

f)         This plan will document all referrals to other services and all refusals of services by the parents.

g)         The local educational agency has an obligation under the law to participate in transition planning conferences.

h)         On the child's third birthday or the start date of the next school year for children eligible for Extended Services, the Service Coordinator shall close the case pursuant to Section 500.105.

(Source:  Amended at 47 Ill. Reg. 1318, effective January 12, 2023)