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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.

a description of State policies and procedures that ensure that, prior to the adoption by the State of any other policy or procedure necessary to meet the requirements of Part C of the Act, there are public hearings, adequate notice of the hearings, and an opportunity for comment available to the general public, including individuals with disabilities and parents of infants and toddlers with disabilities.

We have restructured this section in response to comments requesting clarification on the applicability of the public participation requirements. As restructured, paragraph (a) of this section describes the applicability of the public participation requirements to the Part C application itself. Section 303.208(b) describes the applicability of the public participation requirements to any new policy or procedure (including any revision to an existing policy or procedure) needed to comply with Part C of the Act and these regulations.

The requirements in §303.208(a) that States publish

their Part C applications for 60 days and obtain public comments during a 30-day period within that 60-day period

are consistent with the requirements in current §303.110(a)

(1) and section 441 of the General Education Provisions Act

(GEPA) (20 U.S.C. 1232d(b)(7)(B)). Under §303.208(b), a