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jeopardize services to children with disabilities at a critical time in their development.

Discussion: The Department recognizes the difference between Parts B and C of the Act; Part B of the Act authorizes a program that requires States to provide FAPE, defined as special education and related services designed to meet the unique needs of a child with a disability, and Part C of the Act authorizes States to offer early intervention services that are designed to meet the developmental needs of infants and toddlers with disabilities at no cost to parents, except where Federal or State law provides for a system of payments, including a schedule of sliding fees. We do not agree with the commenters that the implementation of the provisions in

§303.211 would jeopardize services to children with

disabilities. Section 303.211 incorporates the language from section 635(c) of the Act, regarding the flexibility to serve children three years of age until entrance, or eligibility for entrance, into kindergarten or elementary school. States that choose to implement the option in

§303.211 to provide Part C services to children three years

of age and older must provide, pursuant to §303.211(b)(2),

the parents of children with disabilities who are eligible for services under section 619 of the Act and previously