Virginia Early Intervention to IEP: Navigating the Part C to Part B Transition

Your child turns three in a few months and has been receiving early intervention services through Virginia's Infant & Toddler Connection. Now the service coordinator mentions a "transition to school." For many families, this is one of the most disorienting moments in their child's early life — moving from a warm, family-centered home-based system to the formality of a school division, IEPs, and a completely different legal framework.

Understanding what the law requires, what timeline governs this shift, and what happens if the process breaks down is essential for any Virginia family approaching this milestone.

The Two Systems: Part C vs. Part B

The federal Individuals with Disabilities Education Act (IDEA) is divided into parts. Part C governs early intervention services for children birth through age two. In Virginia, Part C services are delivered through the Infant & Toddler Connection (ITC), a network of community-based programs that provide services like speech therapy, developmental therapy, physical therapy, and family support in the natural environment — typically in the home.

Part C services are guided by an Individualized Family Service Plan (IFSP), which focuses on the child within the context of the family and includes outcomes, services, and supports. It is distinctly different from a school-based IEP.

Part B of IDEA covers special education services for children ages 3 through 21. In Virginia, Part B is administered by local school divisions. When a child turns three, eligibility for Part C ends and, if the child is determined eligible, Part B services begin. The child moves from an IFSP to an IEP, and the service system shifts from family-centered and home-based to educationally focused and school-based.

Virginia's Transition Timeline and Requirements

The transition process must begin at least 90 days before a child's third birthday. The Infant & Toddler Connection service coordinator is required to initiate this by notifying the local school division of the child's upcoming transition. With parental consent, the division receives the child's records and begins the eligibility determination process.

Virginia's 65-business-day evaluation timeline applies here: from the date the school division receives the referral, it has 65 business days to complete the evaluation and hold an eligibility meeting. Because the third birthday is a hard deadline for Part C services to end, timing the referral early enough is critical. If the school division receives the referral less than 65 business days before the child turns three, the division must still be prepared to make an eligibility determination and have services in place by the child's third birthday or as soon as possible thereafter.

If the child is found eligible for Part B services, the IEP must be developed and services must begin on the child's third birthday if school is in session, or as soon as possible if the birthday falls during summer or a school break. Virginia regulations require the school division to make a good-faith effort to provide services on the third birthday.

This timing requirement is where many Virginia families hit their first obstacle: a child born in summer whose third birthday falls outside the school year. The division is still required to have the IEP ready and to provide services as soon as the school year begins — not to start the entire evaluation clock over again when school resumes.

The Evaluation: What Changes

The Part C evaluation focused on developmental domains — communication, motor, adaptive, social-emotional, and cognitive development — within the family context. The Part B evaluation for preschool-aged children is educationally focused. Virginia school divisions will typically conduct a comprehensive evaluation looking at the same developmental domains, but through the lens of educational impact and eligibility under IDEA's disability categories.

Virginia's eligibility categories for preschool children include the Developmental Delay category, which applies to children ages 2 through 6 inclusive under current state regulation. This category recognizes that young children may have measurable developmental delays without yet meeting the criteria for a more specific disability category like autism, intellectual disability, or speech-language impairment.

This is critical: a child receiving Part C services for speech delays or motor delays may not automatically qualify for Part B services under the same rationale. The school division must conduct its own evaluation, and eligibility must be established under IDEA's Part B standards. An IFSP is not an IEP, and receiving Part C services does not guarantee Part B eligibility.

If your child is found ineligible for Part B services, you have the right to disagree. You can request Prior Written Notice explaining the decision, request an Independent Educational Evaluation at public expense if you disagree with the division's evaluation, and pursue mediation or a state complaint if you believe the evaluation was inadequate.

What to Expect in the First IEP

A preschool IEP in Virginia looks different from an elementary school IEP. Services may be delivered in a variety of settings: a public school preschool classroom, a community-based program like Head Start with itinerant special education support, or a self-contained preschool program for children with more significant needs.

The Least Restrictive Environment (LRE) principle applies to preschool placements. Virginia is required to ensure that children with disabilities have access to educational settings alongside nondisabled peers to the maximum extent appropriate. This means the team should be exploring the full range of placement options, not defaulting to a self-contained classroom simply because it's easier to staff.

The preschool IEP should include:

• A PLAAFP describing the child's current developmental levels with objective data
• Annual goals tied to the PLAAFP data
• Special education and related services (speech-language therapy, OT, PT as needed)
• A description of the educational setting and how LRE was determined
• Family participation and transition planning

Virginia requires that the parent be a full participant in developing the IEP. The transition conference — which must occur at least 90 days before the third birthday — is your first opportunity to meet the school division team and begin advocating for the program your child needs.

Common Transition Problems and How to Address Them

The referral was made late. If the Infant & Toddler Connection coordinator didn't notify the school division at least 90 days before your child's third birthday, services may not be in place on time. This is a procedural violation you can note in your records. Push for services to begin as soon as possible, and document any gap.

The division wants to observe first and evaluate later. The school has no right to delay a formal Part B evaluation once they've received the referral. Informal observations do not substitute for a comprehensive evaluation and do not toll the 65-business-day clock.

The child is found ineligible after losing Part C services. This creates a gap with no services. If you believe your child needs special education and related services to make developmental progress, request an IEE and file a state complaint if the division's evaluation was inadequate.

The preschool program doesn't have the services your child needs. If your child's IEP requires 5 days per week of preschool special education, 2 sessions per week of speech therapy, and weekly OT, that must all be written into the IEP and provided. Services can't be reduced because the program doesn't have enough staff. Document everything.

The Virginia IEP & 504 Advocacy Playbook includes Virginia-specific guidance on the Part C to Part B transition, including what to bring to the transition conference and how to respond if the school division delays or inadequately evaluates your child.

After the Third Birthday: What to Watch

The Developmental Delay category applies through age 6 in Virginia. When your child turns 7, the division must reevaluate and identify the child under a specific IDEA disability category — such as autism, specific learning disability, or speech-language impairment — or risk losing eligibility. This reevaluation is not optional, and parents should proactively request it as the child approaches age 7 if the team hasn't initiated it.

The transition from early intervention to school-based services is one of the highest-stakes moments in a child's educational life. The services established in that first preschool IEP set the tone for everything that follows. Get it right from the beginning.

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