Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

may require, depending on an individual child’s needs,

providing health services and social or emotional services

under §303.13.

Changes: None.

FAPE (§303.211(b)(3))

Comment: One commenter expressed concern regarding the

potential loss of FAPE for children age three and older who continue to receive early intervention services pursuant to

§303.211. One commenter recommended amending §303.211(b)

(3) to clarify that parents whose child is receiving services under Part C of the Act past the age of three

pursuant to §303.211 have the right, at any time, to opt

out of these early intervention services and, instead, to obtain FAPE, which includes preschool services, under Part B of the Act.

Discussion: We agree with the commenter that parents must retain the right to opt out at any time after choosing Part C services past the age of three. Therefore, we have added

the phrase “at any time” to §303.211(b)(3) to clarify that

parents whose child is receiving services under Part C of

the Act past the age of three pursuant to §303.211 retain

the right, at any time, to opt out of these early

intervention services pursuant to §303.211 and, instead, to

obtain FAPE under Part B of the Act for their child.