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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.

transition policies and procedures that address the transition of toddlers from early intervention to preschool services under Parts B and C of the Act. For lead agencies

that are also SEAs, the Department’s position is that the

benefits associated with requiring intra-agency agreements

pursuant to §303.209(a)(3)(i)(B) outweigh the minimal

burden associated with this requirement. An intra-agency agreement serves the useful purpose of ensuring that there is an appropriate level of coordination and communication across the early intervention and preschool programs in a lead agency that is also an SEA. The burden of developing this agreement is minimal because the requirement does not involve the development of new transition policies and procedures--these policies and procedures are already

required pursuant to §303.209(a). Moreover, the Council

often serves to advise the lead agency when it develops these agreements; in fact, the Council is specifically required under section 641(e)(1)(C) of the Act to advise and assist the SEA (which in this case would be the lead agency) regarding the transition of toddlers with disabilities to preschool and other appropriate services.

There are only a few States that have adopted “Birth

to Five” programs (i.e., programs in which the SEA and LEA

provide both preschool services under Part B of the Act and