(a) A transition plan shall be established in the IFSP to ensure a smooth transition for every child exiting the Early Intervention Program.

1. (1) If the child may be eligible for preschool services under section 4410 of the Education Law, the service coordinator, with parental consent, shall convene a conference among the early intervention official, the parent, and the chairperson of the CPSE or designee, not fewer than 90 days, and at the discretion of all parties, not more than nine months before the child’s third birthday to discuss any services the child may receive under education law.
2. (2) If the child is not potentially eligible for preschool services under section 4410 of Education Law, the service coordinator, with parental consent, shall make reasonable efforts to convene a conference among the early intervention official, the parent, and providers of other appropriate services for the toddler to discuss appropriate services that the child may receive, including early education, head start, early head start, child care programs or other appropriate services.
3. (3) All meetings to develop the transition plan, including the transition conference, must be at a time and place mutually convenient to all participants and must meet all requirements pertaining to IFSP meetings in section 69-4.11(a)(2)-(5) of this Subpart.

4. (4) The transition plan established in the IFSP must be developed with the child’s family and shall include procedures to prepare the child and family for changes in service delivery, including:

   1. (i) a review of program and service options for the child from the child’s third birthday through the remainder of the program year, if appropriate;
   2. (ii) steps for the child and his or her family to exit from the Early Intervention Program;
   3. (iii) steps and services to help the child adjust to and function in a new setting;
   4. (iv) procedures to prepare program staff or individual qualified personnel who will be providing services to the child to facilitate a smooth transition; and
   5. (v) transition services and other activities that the IFSP participants determine are needed by the child and family to support the transition of the child.

(b) For children thought to be eligible for services under section 4410 of the Education Law, not fewer than 90 days prior to the child's potential eligibility for services under the Education Law, section 4410, the service coordinator shall provide written notification to the committee on preschool special education of the local school district in which an eligible child resides of the potential transition of the child.

1. (1) The service coordinator shall ensure the parent is informed in accordance with procedures in section 69-4.11(a)(10)(xiii) of this Subpart of the opportunity to object to such notification prior to providing notice to the CPSE of the child's potential transition.

   1. (i) The parent shall be afforded at least 30 calendar days to object, either orally or in writing, to written notification to the CPSe of the child's potential transition.
   2. (ii) If the parent objects to such notification, the notification shall not be made, and the parent's objection shall be documented in the child's record.

   3. (iii) If the parent does not object to such notification, the service coordinator shall include the following information in the written notice to the CPSE of the child's potential transition:

      1. (a) the child's name;
      2. (b) the child's date of birth and date of referral to the Early Intervention Program;
      3. (c) the method by which the parent may be contacted, including the parent's name, address, and telephone number; and
      4. (d) the name and contact information for the child's service coordinator who is transmitting the notification.
   4. (iv) if notification in subparagraph (1)(iii) of this subdivision is required the service coordinator must confirm, in written documentation, the transmission of the notification to the CPSE and include such documentation in the child’s and family’s transition plan established under section 69-4.11(a)(10)(xiii) of this Subpart.
2. (2) For children in the care and custody or custody and guardianship of the commissioner of the local social services district, the service coordinator shall notify the local commissioner of social services or designee of the child's potential transition.
3. (3) The service coordinator shall review information concerning the transition procedure with the parent and obtain parental consent for the transfer of appropriate evaluations, assessments, individualized family service plans, and other pertinent records.

4. (4) With parent consent, the service coordinator shall convene a transition conference with the parent, service coordinator, and the chairperson of the CPSE or designee, at least 90 days prior to the child's eligibility for services under Education Law, section 4410, or no fewer than 90 days before the child's third birthday, whichever is first provided, however, that such conference shall not be held more than nine months prior to the child’s third birthday, to review program options and if appropriate, establish a transition plan.

   1. (i) The local social services commissioner may participate in the conference for children in the care and custody or custody and guardianship of the social services commissioner.

   2. (ii) The conference may be combined with:

      1. (a) the initial meeting of the CPSE pertaining to the child, provided, however, that such initial meeting must convene within the required timeframes for the transition conference; or
      2. (b) the IFSP review or annual meeting that occurs closest to the child's second birthday, provided that such meeting is convened no more than nine months before the child’s third birthday.

   3. (iii) The parent may decline a transition conference; provided, however, that the parent shall be informed that the child's eligibility for services under section 4410 of the Education Law must be determined by the child's third birthday to continue receiving early intervention services after the child's third birthday and that if a determination of eligibility for services under section 4410 of the Education Law has not been made by the CPSE prior to the child's third birthday, eligibility for early intervention services will end the day before the child's third birthday.

      1. (a) Declination of a transition conference by the parent shall be documented in the child's record.
      2. (b) The service coordinator shall explain to the parent that if the parent declines a transition conference, the parent may refer the child to the CPSE for determination of eligibility for Education Law, section 4410 services and shall provide information on how the parent may make such referral.