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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

(§303.101)

Comment: A few commenters recommended adding the phrase

“Native American” before the words “Indian infants and

toddler” in §303.101(a)(1)(i). A few commenters suggested

that in addition to referencing “wards of the State,” the

regulations, including §303.101(a)(1)(iii), should also

refer to “children in foster care.”

Discussion: Section 303.101(a)(1)(i) provides that, as a grant condition, a State must assure that it has adopted a policy that appropriate early intervention services are available to all infants and toddlers with disabilities in the State and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State. Adding

the phrase “Native American” before the words “Indian

infants and toddlers” in §303.101(a)(1)(i) is not

appropriate because the language in §303.101(a)(1)(i)

reflects the language in section 634(1) of the Act, which

does not use the term “Native American” in referring to

Indian infants and toddlers. Additionally, it is not

appropriate to add the phrase “Native American” before the

words “Indian infants and toddlers” in §303.101(a)(1)(i)

because the term Indian is specifically defined in section

602(12) of the Act and §303.19(a) of these regulations.