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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.

Discussion: Section 303.207 incorporates the language

(including the term “resources”) from section 637(a)(7) of

the Act. We decline to make the requested change because

we interpret the term “resources,” as used in section

637(a)(7) of the Act and §303.207, to be broader than the

term “services.” We interpret “resources” to include not

only services but also funding, personnel, and other materials. This regulatory provision ensures that resources--not just services--are available in all geographic areas within a State.

Changes: None.

Public participation policies and procedures (§303.208)

Comment: Commenters requested that the Department clarify

when the public participation requirements in §303.208

apply. Some commenters requested that the public

participation requirements in current §303.110(a)(1),

including a 30-day comment period, be retained. A number of commenters, including parents of infants and toddlers with disabilities, service providers, and national disability rights organizations, requested that the 30-day timeline for notice of public hearings from current

§303.110(a)(3) be retained in §303.208 to ensure meaningful

public participation at public hearings. These commenters

stated that the phrase “adequate notice” as used in