Section 226.260  Child Reaching Age Three

a)         Child with an Individualized Family Service Plan (IFSP)

For each child who will be making the transition from an early intervention program into the special education program of a school district at age three, the district shall ensure that either an IEP or the child's IFSP is in effect on the child's third birthday.  A representative of the school district shall participate in the transition meeting scheduled by the early intervention team.  If a child continues to receive early intervention services until the beginning of the school year following the child's third birthday, the district shall ensure that either an IEP or the child's IFSP is in effect on the first day of the following school year.

b)         Child Without an IFSP

1)         For each child who is referred to a school district at least 60 school days prior to the child's third birthday and determined eligible, the district shall ensure that either an IEP or an IFSP is in effect on the third birthday.

2)         For each child who is referred with fewer than 60 school days remaining before the third birthday, or after that date, the district shall comply with the requirements of Section 226.110(c) through (j) of this Part.

c)         If a child's third birthday occurs during the summer, the IEP Team for that child shall determine when the district's services to the child will begin.  If the child's birthday falls between May 1 and August 31, the child may continue to receive early intervention services until the beginning of the school year following the child's third birthday.  [325 ILCS 20/11(b)]

(Source:  Amended at 47 Ill. Reg. 2244, effective February 6, 2023)