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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.

the Act. Part 303 also applies to each child referred to Part C, as well as to infants and toddlers with disabilities (i.e., children determined eligible for services under Part C of the Act) and the families of these children, consistent with the definitions of child in

§303.6 and infant or toddler with a disability in §303.21.

Changes: We have revised the title of §303.2 to read

“Eligible recipients of an award and applicability of this

part.” We have added a new paragraph (b) to provide that

the provisions of Part 303 apply to the lead agency and any EIS provider that is part of the Part C statewide system of early intervention services, regardless of whether that EIS provider receives funds under Part C of the Act, and to all children referred to the Part C program and infants and toddlers with disabilities and their families. New paragraph (b) also provides that Part 303 does not apply to a child with a disability receiving a free appropriate public education or FAPE under 34 CFR part 300.

At-risk infant or toddler (§303.5)

Comment: Two commenters supported the proposed definition

of at-risk infant or toddler in §303.5. Other commenters

recommended revising the definition to expand the list of factors that could cause an infant or toddler to be considered at-risk. The suggested factors included