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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.

Changes: We have revised §303.211(b)(3) to require that

the Part C statewide system ensures that any child served

under §303.211 has the right, at any time, to receive FAPE

under Part B of the Act instead of early intervention services under Part C of the Act.

Services during eligibility determination (§303.211(b)(4))

Comment: Some commenters stated that the language in

proposed §303.430(e)(3) relates not to pendency, but to the

requirement in section 635(c)(2)(D) of the Act and

§303.211(b)(4), that IFSP services continue to be provided

to a toddler with a disability until a Part B eligibility determination is made for that child in a State that elects to make Part C services available beyond age three under

§303.211. A few commenters suggested clarifying that this

requirement only applies in a State that has opted to make early intervention services available to children ages three and older.

Another commenter opposed the requirement in

§303.211(b)(4) and proposed §303.430(e)(3) stating that it

could create disincentives for LEAs to make timely Part B

eligibility determinations, impede a child’s timely access

to FAPE, and require a lead agency to provide Part C services to a child who is not eligible under Part B of the

Act for a significant period beyond the child’s third