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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.

under §303.211 (if the State has elected to offer early

intervention services to children after age three, and the

toddler’s parent consents to receipt of services under this

option), or (2) services that constitute FAPE either under section 619 of the Act (if the IEP Team determines such services are needed) or under section 638(3) of the Act (if the lead agency elects to offer such services). A State may provide services under sections 619, 635(c) or 638(3) of the Act regardless of whether the child turns age three during the summer months. However, if the child with a disability receives services under section 619 of the Act, any summer services (i.e., extended school year (ESY) services pursuant to 34 CFR 300.106 of the Part B regulations) must be provided, through an appropriate IEP,

if the child’s IEP Team determines that those ESY services

are necessary for FAPE to be provided to that child.

Changes: None.

Comment: One commenter expressed concern that limiting transition planning to no more than nine months prior to

the child’s third birthday does not offer enough time to

ensure a seamless transition for all children. The

commenter recommended that the standard “not fewer than 90

days” be adopted if a timeline must be established at all.

Discussion: Section 303.209(d) requires that a transition