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at any time, FAPE under Part B of the Act instead of early

intervention services under Part C of the Act.

Changes: None.

Comment: One commenter recommended that each State have

the flexibility to provide the §303.211 option to a subset

of eligible children based on age range and consistent with State-established policies and procedures.

Discussion: Section 303.211, consistent with section 635(c) of the Act, allows each State to develop and implement a policy under which parents of children who are receiving early intervention services and who are eligible to receive services under section 619 of the Act can choose for these children to continue receiving early intervention services under Part C of the Act. Section 635(c) of the Act expressly identifies (and limits) the age range through which these services may be provided; that is, early intervention services could be available to these children until they enter, or are eligible under State law to enter, kindergarten. Section 303.211(a)(2) is specifically intended to provide flexibility to a State that chooses to allow for the continuation of early intervention services

pursuant to §303.211 to provide services under the option

to one of three subsets of eligible children within this age range (i.e., eligible children from age three until the