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coordination of funding sources, and payor of last resort requirements under Part C of the Act. Under

this section, a State must obtain a parent’s consent

prior to requiring a parent to enroll in a public benefits or insurance program or if the use of funds from a public benefits or insurance program imposes certain costs on the parent. This section also requires a State to provide written notice to parents of applicable confidentiality and no-cost protections if the State lead agency or EIS provider or program uses public benefits or insurance to pay for Part C services.

• Section 303.521(a) is revised to provide that the

State’s system of payments policies must include the

State’s definition of ability to pay and indicate when

and how the agency makes its determination regarding

the parent’s ability or inability to pay.

• A new §303.521(e) is added to address a parent’s

procedural safeguard rights under a State’s system of


Subpart G--State Interagency Coordinating Council

• Proposed §303.601(a), which states that a parent

member on the Council may not be an employee of a public or private agency involved in providing early