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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.

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

birthday).

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.

Requirements (§303.211(b))

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