IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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.
beginning of the school year following the child’s third
birthday, eligible children from age three until the
beginning of the school year following the child’s fourth
birthday and eligible children from age three until the
beginning of the school year following the child’s fifth
Changes: We have revised paragraph (a)(2) of §303.211 to
clarify the subsets of age ranges States can select to
provide services under the option in §303.211. We also
have added new (a)(3) to highlight the statutory requirement from section 635(c)(1) of the Act that a State
may provide services under §303.211 only until the child
enters, or is eligible under State law to enter, kindergarten or elementary school in the State.
Annual Notice Requirements (§303.211(b)(1))
Comment: A few commenters recommended that the Department clarify what it means to give parents adequate information concerning the differences between the Part C and Part B
procedural safeguards as required in §303.211(b)(1)(ii)(B).
Discussion: We agree clarification is needed regarding
when, under §303.211(b)(1), parents whose children are
receiving services under §303.211 must be provided an
annual notice of procedural safeguards. As discussed in