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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.

disability” in §303.21(c) includes any child to whom the

State elects to offer Part C services under section 635(c)

of the Act and §303.211.

Changes: None.

Availability of early intervention services (§303.112)

Comment: Several commenters requested that specific terms in this section be defined or clarified. Many commenters requested that these regulations define the term

“scientifically based” and that the definition of the term

be aligned, similar to Part B of the Act, with the definition in Title I of ESEA. A few commenters

recommended replacing the phrase “scientifically based”

with “peer-reviewed” (or vice versa) to provide for

consistency throughout the regulations. One commenter

requested that the Department clarify that “scientifically

based research” and “peer-reviewed research” are two

distinct terms, that they cannot be used interchangeably, and that the terms apply to both lead agencies and IFSP Teams. Finally, one commenter requested that the

regulations define the term “practicable.”

Discussion: We agree with the commenters that the

definitions of “scientifically based research” under Parts

B and C of the Act should be aligned with and explicitly

cross-reference the definition of “scientifically based