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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 Analysis of Comments and Changes section for new

§303.209(f)(2), we have clarified that the first annual

notice must be provided at the transition conference when the parent is presented the initial option for the child to

receive services under §303.211 or under section 619 of the


Additionally, for consistency, we have revised

reference to children being served under §303.211 to

children who are eligible for services under section 619 of the Act and who previously received early intervention services because when the first annual notice is provided,

children generally would not yet be served under §303.211.

Regarding what information must be included in the annual notice, States choosing to offer early intervention

services under §303.211 must provide parents of these

children with disabilities with an annual notice that includes, among other things, 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. Section 303.211(b)(1)(ii)(B) requires the explanation to include a description of the differences in procedural safeguards that apply to parents who decide to continue receiving early intervention services under Part C of the Act compared with the