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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.

agreements because, through the Continuous Improvement Focused Monitoring System (CIFMS) process and State reporting under the SPP/APRs, the Department has identified noncompliance with transition requirements under both Part C of the Act (e.g., noncompliance with section 637(a)(9) of the Act, regarding notification of the LEA and conducting transition conferences, and, with sections 636(a)(3) and (d)(8) and 637(a)(9) of the Act, regarding the transition steps and services in the IFSP) and Part B of the Act (e.g., noncompliance with section 612(a)(9) of the Act, regarding development and implementation of an IEP by a

child’s third birthday). Given this noncompliance and the

need for States to have clearly defined transition coordination policies and procedures between the early intervention program under Part C of the Act and the preschool program under Part B of the Act, requiring an intra-agency agreement will be a useful tool to enhance coordination and communication between the Part C and Part B preschool programs.

Developing interagency or intra-agency agreements should not be a significant burden for States because approximately two-thirds of lead agencies already have interagency agreements and the remaining third, where the lead agency is also the SEA, currently are required to have