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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.

because it is statutory.

Providing Part C services to children who (a) are three years of age and older, (b) are eligible for services under section 619 of the Act, and (c) previously received early intervention services is an option each State can consider. If a State chooses to offer Part C services to

this group of children, it is ultimately the parent’s

decision as to whether his or her eligible child, upon turning three years of age, will continue to receive early intervention services rather than Part B services. Nothing

in §303.211 or in section 635(c) of the Act requires a

State to provide this option or parents to elect to receive Part C services for their child if their State makes this option available.

Concerning the comments about funding for this option, it is the Congress that decides whether to appropriate funds for this program.

Changes: None.

Comment: A few commenters stated that implementing the

provisions in §303.211 would be confusing for parents and

LEAs given that early intervention services are an entitlement while services under Part B of the Act are a mandate. These same commenters stated that simply extending an entitlement via flexibility provisions could