Part C of the IDEA requires public schools to identify and evaluate students from birth to age three who are entitled to special education and related services. Prior to a student's third birthday, the public school is required to convene an IEP meeting to determine eligibility for special education under Part B of IDEA, which relates to the provision of services to students over age 3 through the school year in which an eligible student turns age 21.
Each local school system shall convene an IEP team meeting to determine if a student in transition from a Local Infants and Toddlers program (LITP) has a disability that requires the provision of special education and related services.
The MSDE Process Guide provides that:
If the child is determined eligible for preschool special education services and the child’s family does not choose the Extended Individualized Family Service Plan (IFSP) option, the child will be referred to the local school system IEP team for the development of an IEP to address the child’s special education and related services needs.
For children exiting Part C at age 3 who are determined to be eligible for Part B services, an IEP must be developed and in effect on or before the student’s third birthday.
If the IEP team meeting occurred after the student’s third birthday, the IEP team must document the reason for the delay.
The date of the initial IEP development and the date the initial IEP is in effect may be the same or different, but in no case beyond the date of the student’s third birthday, unless good cause for the delay is documented. Therefore, all steps in the process—eligibility determination and, if found eligible, development of the IEP and parental consent for initiation of services—must be completed prior to the actual date the child turns age 3.
Part C IDEA services are delivered by MCITP. Eligible students are provided services through an IFSP which provides services in the most natural environment for students and offers coaching and support to families so that they may work with children with identified disabilities.
Part B IDEA services are delivered by MCPS to students over the age of 3 years who are found eligible for special education and related services and require an IEP.
IEP meetings to transition students from Part C to Part B services are convened throughout the school year and summer based on students' needs and the age at which they may become eligible for IEP services.
A Part C Early Intervention Services representative is a required team member at the IEP team meeting where a child’s eligibility for preschool special education under Part B is determined. The Early intervention Services representative may be anyone who has provided services to a student. A Part C Early Intervention Services representative may be invited to attend the IEP team meeting for the development of a child’s IEP at the request of the parents/guardians (34 C.F.R. §300.321(f); COMAR 13A.13.01.09B).
The IEP team must consider the child’s IFSP when determining eligibility and developing an IEP for Part B services. The IEP must be in effect by the child’s third birthday unless parents/guardians elect to access the extended IFSP option, which allows IFSP services to continue beyond age 3 until the beginning of the school year following a child's fourth birthday.
In cases where the parents elect Part B services by age 3, if the IEP is not developed by the child’s third birthday, the IEP team must document the reason for the delay on the IEP. An MCPS representative must attend the child’s local MCITP transition planning meeting which must be held at least 90 days prior to the child’s transition to Part B services if the parents elect to transition to Part B at the child’s third birthday.
The Maryland Insurance Administration's Parents' Guide to Habilitative Services, at the transition meeting for a child moving from the Maryland Infants and Toddlers Program to Part B services.
For further resources, refer to MSDE Technical Assistance Bulletin, Effective Transition Practices: Supporting Family Choice at Age Three.