Turning 3 in California: Preschool Transition from IDEA Part C to Part B

If your child is under age 3, you may be receiving early intervention services from your local Regional Center or Special Education Local Plan Area (SELPA). These services are provided under Part C of the Individuals with Disabilities Education Act (IDEA), a federal law that provides children with disabilities special education and related services.

Every state has an obligation to ensure a smooth transition from IDEA Part C to Part B when your child turns 3 years old and starts preschool. In California, the California Department of Education (CDE) and SELPAs have been focused on improving this transition, but in reality it is still bumpy for many families and often results in children losing services during the vital early intervention period. This can feel like a lot to track, but you have more time built into this process than it seems.

The most important thing is to start early and be proactive in keeping your Regional Center or SELPA and your school district to the federally and state-defined timelines.

Here's the timeline the law guarantees you, so you know what to expect and when:

California state and federal requirements

• Six months before your child’s third birthday, your Part C service coordinator (Regional Center or SELPA) must notify you that transition planning will occur within the next six months and notify the local school district that there will be an IFSP meeting at least three months before the child turns 3 years old. Cal. Code Regs. Tit. 17, § 52112

• Everyone must agree on a date for this meeting at least 30 days after the service coordinator’s notice. Regional Center must give you a single point of contact for transition.

• The Part C provider must hold an IFSP meeting at least 90 days and no more than 9 months before your child's third birthday. The school district must send a representative. [34.CR § 303.209]

• At the IFSP meeting, the Regional Center or SELPA will develop a transition plan that must include transition steps and services, including confirming transition notification and documents (evaluation and IFSP) shared with the school district with parental consent.

• The LEA should hold an IEP meeting to determine eligibility and write an IEP that can be implemented on the child’s third birthday.

Late referral

Many children will be identified as having a disability within this 27-36 month window. The timeline changes depending on when your child is found eligible for Part C services. If your initial IFSP is within 90 days of your child’s third birthday, the two processes (IFSP/IEP) are combined. For a child referred for Part C:

• 45–90 days before the child’s third birthday, Early Start must:
  • conduct the initial evaluation and assessment
  • conduct the initial IFSP meeting if eligible
  • develop a transition plan with the appropriate transition steps and services
  • provide notification/referral to the LEA and the SEA
• 1-44 days before the child’s third birthday, Early Start may, but is not required to:
  • conduct an initial evaluation and assessment
  • conduct an initial IFSP meeting
  • develop a transition plan
  • provide notification/referral to the school district

Bottom line: If your child was referred late, the timeline gets tighter, but the school district still has to move to coordinate your child’s services.

The California Education Code has specific provisions for children with birthdays before June 3. In this circumstance, the IEP team can conclude that the most appropriate placement is for the preschooler to continue in their current early education program. The IEP team will meet again before June 30 to review present levels and consider the next year’s placement.

Summer birthdays

If your child’s birthday falls during the school summer break, the initial IEP should be scheduled before the break to ensure that all the school district personnel are available to conduct the initial evaluations to determine eligibility and hold IEP meetings. It may be important to discuss Extended School Year (ESY) services, which your child could be eligible for. At the same time, think carefully about whether ESY is the best time to transition your 3-year-old, as it is often a limited program.

If ESY is likely to be considered in your child’s first IEP, parents should learn about ESY. It is common that IEP team members act on myths about ESY that may impact your child, such as believing that only children in SDC classes are eligible. IEP teams sometimes say that there is no data to indicate regression—note that there are other criteria. ESY does not have to be the district's ESY program and could include staying in the current early childhood program.

Top tip: if the IEP cannot be implemented immediately (due to the summer break or due to a disagreement over the IEP placement), parents should request that the Part C provider (Regional Center or SELPA) continue providing services to fill the gap. Cal. Code Regs. Tit. 17, § 52112

• At your IFSP transition meeting, request to tour possible programs before your IEP meeting.

• You will likely be given an assessment plan within 15 days of this meeting, which you should sign, starting the 60-day assessment timeline.

• During this time, you may have to take your child to a school to be assessed by various therapists and a school psychologist, often an education specialist (special education teacher).

• If your child is already in an inclusive preschool setting, ask for them to observe your child in that setting.

• Request that you receive assessment reports one week before your initial IEP meeting.

• Push back if your school district proposes holding the initial IEP on the child’s birthday (you have plans that day) because it gives very little time for resolving possible disagreement.

At the initial IEP meeting, the therapists who conducted the assessments will explain those assessments and their recommendations. As a parent, you are an essential member of your IEP team. Do not hesitate to ask questions—it is important that you understand the assessments. If it doesn't sound like your child—speak up! Check out our article on preparing for your first IEP.

If your team determines that your child is eligible for an IEP, they will work together to create an IEP document. That document will determine your child’s special education services and support for one year. The document will lay out your child's present levels of achievement—it should focus on strengths and what your child can do. It will also identify areas of need and challenges. For each area of need, the team should write a goal for your child’s progress. These goals are the most important part of the IEP, as they drive the services and supports your child will be offered. The IEP team will also discuss placement, but bear in mind that the starting point should always be a general education setting.

You may want to consider:

• Informing your IEP team that you will be recording the IEP meeting
• Asking for evaluation reports ahead of the meeting
• Requesting to review draft proposed goals before the meeting
• Requesting tours of possible placement options

Remember that you are a member of the IEP team and cannot fully participate if you don’t have the information that you need. It is the school district’s responsibility to ensure that you can participate. If you (or a co-parent) need an interpreter or documents translated, let your case manager know as early as possible.

What if my child is not eligible for an IEP in preschool?

Eligibility for Part C and Part B have different criteria; therefore, there may be children who are eligible for Part C but do not qualify for Part B, as well as children for whom early intervention was so effective that they no longer need special education services.

Check out our article on eligibility for an IEP and get to know the 13 eligibility categories.

If your child doesn’t qualify for an IEP at age 3, Regional Center has an obligation to inform parents exiting from Part C about other childcare options in their area, such as Head Start and CSPP.

Continued Regional Center services after age 3

Some children turning 3 will be eligible for Lanterman Act services. Children aged 3 and up often receive respite services, recreation and social programs, and toileting and behavior training through Regional Centers. If your child is assigned provisional eligibility instead of full Lanterman Act eligibility after age 3, check out our article on provisional eligibility for ages 3-4.

You know your child. Trust that, and don't hesitate to ask for what they need.