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seek out and serve all infants and toddlers under the age of three, regardless of when they were referred to the lead agency for early intervention services. The commenter expressed the belief that many children referred to the Part C program after age two are not served.

Discussion: We do not believe that the requested change is

appropriate or necessary because §303.115 provides that the

State’s comprehensive child find system must meet the

requirements in §§303.301 through 303.303. Section

303.302(b)(1) expressly requires a lead agency to ensure that all infants and toddlers with disabilities in the State who are eligible for services under Part C of the Act are identified, located, and evaluated. Additionally, the definition of an infant or toddler with a disability in

§303.21 expressly includes any eligible child until that

child reaches the age of three.

Thus, even if a child is referred to the Part C program after the age of two, the lead agency, with

parental consent, must conduct an evaluation under §303.321

or provide the parent with notice (under §303.421(b))

explaining why an evaluation is not being conducted (i.e., the child is not suspected of having a disability). Additionally, if the parent consents to an evaluation, new

§303.310(b) requires that the initial evaluation and the