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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.

that the lead agency must notify the SEA and the LEA where the child resides in the case of a toddler who may be eligible for preschool services under Part B of the Act.

Comment: A few commenters requested clarification in

§303.209 of the lead agency’s transition responsibilities

when a child is referred “late” to the Part C program

(i.e., less than 45 or 90 days prior to the child’s third

birthday). A few commenters expressed concern that the

reference to a child’s “third birthday” in the LEA

notification provision in proposed §303.209(b)(2)(i) may

interfere with State-established transition policies and

may disrupt many existing options that have been carefully crafted by States and local communities to ensure seamless transitions from the Part C program to the Part B program.

Discussion: We agree that it is important to clarify the transition requirements that apply when a child is referred to or determined eligible for the Part C program fewer than

90 days before the child’s third birthday. Given the 45-

day timeline requirement in new §303.310, we have added

paragraphs (b)(1)(i) and (b)(1)(ii) to new §303.209 to

address the commenters’ concerns.

Specifically, new §303.209(b)(1)(ii) clarifies that if

a child is referred and determined eligible for services under Part C of the Act between 90 and 45 days before the