Transition in Early Childhood--parent rights and roles

Question

My child is turning three years old.  What are my rights in transition planning?

Law & Policy

Under IDEA, when a child turns three years old, he or she ages out of Part C services and ages into Part B (preschool) services.  Many of the key decisions about the transition of a child from Part C to Part B are made in an IFSP meetings, particularly those shortly before the child turns three (the transition conference).  To help ensure that the best decisions are made for their child’s transition, parents should know their rights with respect to transition planning and know the requirements for a transition plan

Parent Rights in Early Childhood Transition Planning

•   IDEA gives the IFSP team as a whole—and not any one member—the authority to make all decisions about the child’s transition plan. As members of the child’s IFSP team, parents have the right to be involved in all decisions regarding the child’s transition to preschool services.¹ 
  
• Additionally, parents may withhold consent to any service offered in the IFSP without losing other services.²  
  
•  In Part B, parents must accept or reject the IEP as a whole.³ 
  

Requirements for a Transition Plan

• While the exact policies and procedures required for early childhood transition planning differs among states, they all require transition planning as part of the IFSP.⁴
  
• Transition planning in the IFSP must consider transition services needed by the family.⁵ 
  
• The IFSP must also  include a description of appropriate transition services,⁶  identify the person who will implement the plan and coordinate the child’s transition,⁷ and include the steps necessary for the child to exit the Part C program and enter preschool or receive services.⁸ 
• The early childhood agency (EC agency) must notify the child’s local school that the child will soon be eligible for Part B services,⁹ although some states may require parental consent (or opportunity to object) for referral for special education services.¹⁰  
  
•  If the child will attend preschool, the EC agency must set up a transition conference—at least 90 days before the child would become eligible for preschool—with the school and parents to discuss services.¹¹  
  
• If the child will not be eligible for preschool, reasonable efforts must be made to set up a meeting between the parents and any relevant service providers.¹²
  

Footnotes

1. s 1436 (a)(3)
2. § 1436 (e)
3. § 1414 (a)(1)(D)
4. § 1436 (a)(3)
5. § 1437 (a)(9)(A)(i)
6. § 1436 (a)(3)
7. § 1436 (d)(7)
8. § 1436 (d)(8)
9. § 1437 (a)(9)(A)(ii)(I)
10. OSERS letter to Mary Elder, 2004
11. § 1437 (a)(9)(A)(ii)(II)
12. § 1437 (a)(9)(A)(ii)(III)