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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.

burden on lead agencies, without any significant benefit. Ordinarily, to meet the LEA notification requirement, the lead agency must inform the LEA where the child resides and provide the LEA with the information referenced in

§303.401(d)(1) (i.e., the child’s name, date of birth, and

parent contact information, including the parents’ names,

addresses, and telephone numbers), unless the State has

adopted an opt-out policy under §303.401(e). Requiring the

lead agency to disclose this personally identifiable information for limited child find purposes to the LEA or even the SEA for children who are not potentially eligible for Part B would be unnecessary and burdensome.

Changes: We have revised new §303.209(b) (proposed

§303.209(b)(2)(i) and (b)(2)(ii)) to clarify that a lead

agency must notify the LEA under §303.209(b) only for those

children who may be eligible for services under Part B of the Act.

Comment: Some commenters recommended that the LEA

notification requirement in new §303.209(b)(1)(i) (proposed

§303.209(b)(2)) apply to both the SEA and the LEA where the

child resides.

Discussion: We have revised the LEA notification

requirement in §303.209(b)(1)(i) to require that the lead

agency notify the SEA in addition to the LEA where the