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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.

For the reasons outlined in the following paragraphs, we agree with the commenter who recommended aligning the LEA notification requirement with the 90-day timeline for

transition plans in §303.209(d)(2).

We have revised new §303.209(b)(1)(i) (proposed

§303.209(b)(2)(i)) to require that LEA notification occur

no fewer than 90 days prior to the toddler with a

disability’s third birthday. This “not fewer than 90 days”

timeline for LEA notification aligns with the date by which: (1) a transition conference must be conducted for a toddler with a disability who may be eligible for services under Part B of the Act (as required in section 637(a)(9)

(A)(ii)(II) of the Act and §303.209(c)(1)); and (2) a

transition plan must be in place for all toddlers with

disabilities (as required in §303.209(d)(2)).

We also are making this change in order to provide SEAs and LEAs with enough time to carry out their responsibilities in implementing Part B of the Act. These responsibilities include, under section 612(a)(9) of the Act and 34 CFR 300.124(c) of the Part B regulations, participation by a representative from the LEA where the toddler with a disability resides in the transition conference that the lead agency is required to conduct under section 637(a)(9)(A)(ii)(II) of the Act and