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with the parental consent required under §303.414, must

refer the toddler to the SEA and the LEA for the area in which the toddler resides.

Concerning commenters’ requests not to use the child’s

“third birthday” in calculating timelines for LEA

notification, the third birthday is significant under Part C of the Act because eligibility for services for the toddler with a disability ends once that toddler turns three, with two exceptions. A lead agency may provide services to a child who has turned three years old if a State elects either to (a) offer services under the option to make Part C services available beyond age three pursuant

to §303.211 and the parent consents to services under that

section, or (b) provide services to a child who is eligible

under Part B of the Act from that child’s third birthday to

the beginning of the following school year under section

638(3) of the Act and §303.501(c)(1), provided that those

services constitute FAPE for that child. In both circumstances, the child, upon turning age three, must be eligible as a child with a disability under section 619 of the Act. With the exception of these two circumstances,

Part C services end at the child’s third birthday;

therefore, the Department’s position is that the use of the

phrase “third birthday” with regard to the LEA notification