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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.

received early intervention services with an annual notice that includes the following: a description of the rights of the parents to elect to receive early intervention services under Part C of the Act or preschool services under Part B of the Act; an explanation of the differences between early intervention services provided under Part C of the Act and preschool services provided under Part B of the Act, including the types of services and the locations that the services are provided; the procedural safeguards that apply; and possible costs, if any, to parents of infants or toddlers with disabilities receiving early intervention services. This annual notice will help to ensure that parents of a child eligible for services under

§303.211 understand that they have the right to choose

between early intervention services under Part C of the Act and preschool services under Part B of the Act and that they are fully informed of the differences between these two options.

Moreover, with regard to the commenter’s concern that

the provisions in §303.211 could jeopardize services to

children with disabilities at a critical time in their

development, §303.211(b)(3) requires that States offering

this option have a policy in place that ensures that any

child served pursuant to §303.211 has the right to receive,