1. (a) Applicability.

   1. (1) This section applies only to the transition of eligible children with disabilities from the Part C Early Intervention Program, to the Early Childhood Special Education Program under Section 619 of Part B of the Individuals with Disabilities Education Act.
   2. (2) Participation in the Early Intervention Program does not automatically make a child eligible for inclusion in the Early Childhood Special Education Program.
   3. (3) One (1) purpose of the transition process is to determine the continued eligibility of a child with disabilities exiting the Early Intervention Program in order for the child to receive special education and related services in the Early Childhood Special Education Program.

2. (b) General.

   1. (1) Transition from the Early Intervention Program (Part C) to the Early Childhood Special Education Program (Section 619) will occur upon the child’s third birthday, consistent with an IEP for the child.
   2. (2) A child with disabilities can enter an Early Childhood Special Education Program provided by or in conjunction with an educational service agency/local education agency (LEA) provided that he or she is an eligible child with disabilities under the Division of Elementary and Secondary Education’s eligibility criteria for preschoolers with disabilities.
   3. (3) The pretransition process will be initiated by the sending agency (Part C agency) ninety (90) calendar days prior to the child’s third birthday.
   4. (4) Upon receipt of notice of a child’s impending transition from the Early Intervention Program to the Early Childhood Special Education Program, a transition team will meet to define the activities to take place throughout the transitional process, the time frames in which they will occur, and the person or persons responsible for carrying out these activities, consistent with required due process.

   5. (5) At a minimum, the transition team will consist of the following individuals:

      1. (A) The parent or parents;
      2. (B) A representative or representatives from the Early Intervention Program; and
      3. (C) A representative of the Early Childhood Special Education Program to which the child is anticipated to transition (either the Early Childhood Coordinator from the educational services agency representing the affected LEA or other LEA representative).
   6. (6) The sending and receiving agencies are obligated to implement and adhere to the transition process and procedures as jointly developed by the Division of Elementary and Secondary Education and the Part C lead agency in an effort to ensure transition of services.

Codification Notes: The Individuals with Disabilities Education Act is codified at 20 U.S.C. § 1400 et seq.