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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.

preschool services under Part B of the Act and not to all toddlers with disabilities.

The Part C lead agency establishes the State’s policy

regarding which children may be eligible for preschool services under Part B of the Act. In establishing this policy, the lead agency should review carefully, ideally in collaboration with the SEA, the eligibility definitions

under Parts B and C of the Act, including the State’s

definitions of developmental delay under both Parts B and C of the Act.

The determination of whether a toddler with a

disability is “potentially eligible” for services under

Part B of the Act is critical under both Parts C and B of the Act. It is the first step in ensuring a smooth transition for that toddler and family to services under Part B of the Act. When the LEA receives notice from the lead agency or an EIS provider that a specific toddler with a disability who has been receiving services under Part C of the Act may be eligible for services under Part B of the act, the LEA must treat this as a referral and provide parents with the procedural safeguards notice under 34 CFR 300.504(a)(1) and determine if an evaluation for eligibility must be conducted under Part B of the Act.

There are several reasons for limiting LEA