POLICY LETTER: February 9, 2011 to Infant and Toddler Coordinators Association President Brad Hutton and National Association of State Directors of Special Education Director Bill East

February 9, 2011Brad HuttonBill East, Ed.D.PresidentExecutive DirectorInfant and Toddler CoordinatorsNational Association of State Directors Association (ITCA) of Special Education (NASDSE)Early Intervention Program 1800 Diagonal Road, Suite 320 State Department of Health Alexandria, Virginia 22314Corning Tower Building, Room 287Empire State PlazaAlbany, New York 12237-0660Dear Mr. Hutton and Dr. East:This is in response to your joint letter to me, dated December 3, 2010, in which you discuss the Office of Special Education Programs' (OSEP's) Early Childhood Transition FAQ and subsequent technical assistance documents released through the OSEP-funded Technical Assistance (TA)OSEP Response: Under IDEA section 637(a)(9)(A)(ii)(II), the lead agency is required to convene a transition conference among the lead agency, the family, and the LEA not less than 90 days (and at the discretion of the parties, not more than 9 months) before the child is eligible for the preschool services for any child who may be eligible for Part B services. Therefore, the lead agency is required to make a determination if a child is potentially eligible for Part B services in order to determine for which children the lead agency needs to hold those transition conferences that must be conducted not later than 90 days prior to the child's third birthday. It is vital that Part C and Part B staff work collaboratively Page PAGE * MERGEFORMAT 5 Brad Hutton and Bill East, Ed.D.