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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.

proposed §303.208(a)(1) is too vague.

A few commenters opposed the public participation

requirements in proposed §303.208. One commenter suggested

that States use their State Administrative Procedure Act

(APA) procedures instead of the procedures in §303.208.

Another commenter stated that the State’s Part C

application should not be subject to any public participation requirements if the application does not include policies or procedures that affect direct services to eligible infants and toddlers and their families. Another commenter stated that it would be too burdensome to require public hearings when States amend their policies and procedures.

Finally, a few other commenters recommended that the public participation requirements expressly identify foster parents and other caregivers of infants and toddlers with disabilities as stakeholders in the public participation process.

Discussion: The purpose of §303.208 is to require each

State to engage the public in the development of its Part C application and to include, in its application, information on its public participation policies and procedures. Section 303.208 is based, in part, on section 637(a)(8) of

the Act, which requires each State’s application to include