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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.

current §303.4, which provides that Part 303 does not apply

to any child with a disability who is receiving a free appropriate public education (FAPE), in accordance with the Part B regulations in 34 CFR part 300. The commenters stated that this long-standing provision was an important component of State EIS systems for children who are transitioning from services under Part C of the Act to services under Part B of the Act. One commenter suggested

retaining current §303.4 because the regulation helped to

clarify that children receiving Part C services do not also receive FAPE under Part B of the Act. The commenter also indicated that it is important to clarify to whom the Part C regulations apply.

Discussion: We agree with the commenters and have included

the language from current §303.4 in a new paragraph (b)

under §303.2 to clarify that the regulations in Part 303 do

not apply to a child with a disability who is receiving FAPE under Part B of the Act.

We also have modified this provision to identify the entities that must comply with Part 303. Part 303 applies to the lead agency and any EIS provider that is part of the Part C statewide system of early intervention required of each State in sections 634 and 635 of the Act, regardless of whether the EIS provider receives funds under Part C of