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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.

child resides. This change is intended to help lead

agencies and SEAs coordinate to ensure a smooth and effective early childhood transition pursuant to sections 612(a)(9) and 637(a)(9)(A) of the Act. Moreover, this change will assist SEAs in carrying out their responsibilities under Part B of the Act. For example, under section 612(a)(9) of the Act and 34 CFR 300.101(b) and 300.124(b) of the Part B regulations, an SEA must ensure that FAPE is made available to an eligible child

with a disability no later than that child’s third birthday

for all toddlers with disabilities who were referred for Part B services by the lead agency and are eligible for services under Part B of the Act. Also, an SEA must report annually in its SPP/APR on the percent of children referred by the Part C program prior to the age of three who are found eligible for Part B services and have an IEP developed and implemented by the third birthday. Requiring lead agencies to notify SEAs when a child may be eligible for Part C services will help SEAs fulfill this obligation. Providing this information to SEAs will add very little burden to lead agencies because they are already required to provide the information to LEAs.

Changes: We have revised new §303.209(b)(1)(i) through (b)

(1)(iii) (proposed §303.209(b)(1) and (b)(2)) to specify