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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.

receiving early intervention services to (i) preschool or other appropriate services (for toddlers with disabilities) or (ii) exiting the program (for infants and toddlers with disabilities). We have addressed separately in new

§303.211(b)(6)(ii) the substance of proposed §303.209(b)(2)

(i) and (b)(2)(ii) regarding transition from services under


Comment: Some commenters opposed §303.209(a)(3)(i)(B),

which requires a State whose lead agency is the SEA to include in its application an intra-agency agreement between the program within the SEA that administers Part C of the Act and the program within the SEA that administers section 619 of the Act. These commenters stated that requiring two programs within one SEA to have an agreement with each other is unnecessary and would create an undue paperwork burden. A few other commenters expressed concern that the requirement would be particularly burdensome for

States with seamless “Birth to Five” programs.

Discussion: Section 303.209(a)(3)(i) requires all States, including those in which the SEA is the lead agency, to establish an interagency or an intra-agency agreement between the early intervention program under Part C of the Act and the preschool program under section 619 of Part B of the Act. We included the requirement for intra-agency