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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.

services, the requirements in 34 CFR 300.101(b)--that is, how the lead agency and the SEA will ensure that FAPE is made available to each eligible child residing in the State

no later than the child’s third birthday.

Changes: We have added the words “including any policies

adopted by the lead agency under §303.401(d) and (e)” as

well as a reference to 34 CFR 300.101(b) to §303.209(a)(3)

(ii).

Notification to the SEA and appropriate LEA (§303.209(b))

Comment: None.

Discussion: Upon further consideration of this section of the regulations, we have determined that the requirement in

proposed §303.209(b)(1) that each family member of a

toddler with a disability receiving Part C services be included in the development of the transition plan is better addressed under the transition plan requirements in

§303.209(d) and not with the SEA and LEA notification

requirements in §303.209(b). This change does not reflect

a substantive change to the regulations.

Changes: We moved the text from proposed §303.209(b)(1) to

new §303.209(d)(1)(ii).

Comment: Some commenters supported the requirement,

reflected in new §303.209(b)(1)(i) (proposed §303.209(b)

(2)), that the lead agency notify the LEA, at least nine