• Preeti Yadav

The transition from preschool to primary school is a significant cause of stress and possible destabilization for many children with Autism Spectrum Disorders (ASD). Even though laws are supposed to provide inclusive education, the reality encountered when dealing with these children often runs counter to institutionalization. This paper makes a comparative analysis of the United States and India, the legal provisions that regulate this transition, the Individuals with Disabilities Education Act (IDEA) in the United States, the Rights of Persons with Disabilities Act (RPWD) in India, and the guidelines provided under the National Education Policy (NEP) in India. Using a doctrinal methodology and policy analysis, the research questions four aspects of transition: eligibility and identification of children with ASD; continuity of special education services; decision-making practices; and accountability mechanisms to ensure schools offer truly inclusive environments. The results have shown that, even with well-established procedural protection and individualized education plans under the IDEA, the benefits are undermined by racial disproportionality, service fragmentation, and inter-district disparities in the United States, and that although RPWD expresses vast rights and commitments in the direction of inclusive education, a palpable gap exists between the expressed rights and the ability of the system to provide them due to lack of resources, inconsistent application and scarcity of enforceable measures in India. Instead of discussing this issue in the framework of Binary Global North/Global South, the article suggests a Cross-Contextual Equity Model that resets the process of transition of ASD children as an interpersonal and right-based process that requires to be legally mandated, institutionally capable and collaborative relationships between families and schools, to help bring about more fair, predictable and dignified transitions from preschool to primary school.

Autism Spectrum Disorders (ASD), Preschool-to-primary transition, Inclusive education, Individuals with Disabilities Education Act (IDEA), Rights of Persons with Disabilities Act (RPWD), Cross-Contextual Equity Model

"RIGHTS VS. RESOURCES: A COMPARATIVE ANALYSIS OF U.S. AND INDIAN LAW ON THE PRESCHOOL-TO-SCHOOL TRANSITION FOR CHILDREN WITH AUTISM", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 11, page no.b792-b802, November-2025, Available :http://www.jetir.org/papers/JETIR2511199.pdf

"RIGHTS VS. RESOURCES: A COMPARATIVE ANALYSIS OF U.S. AND INDIAN LAW ON THE PRESCHOOL-TO-SCHOOL TRANSITION FOR CHILDREN WITH AUTISM", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 11, page no. ppb792-b802, November-2025, Available at : http://www.jetir.org/papers/JETIR2511199.pdf