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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.


A few commenters indicated that proposed §303.430(e)

(3) conflicts with sections 607(a) and (b) and 615(j) of the Act and the Third Circuit decision in Pardini v. Allegheny Intermediate Unit, 420 F.3d 181 (3d Cir. 2005), cert. denied, 126 S.Ct. 1646 (2006). One commenter recommended referencing Part B eligibility as well as

ineligibility in proposed §303.430(e)(3)(ii).

Discussion: We agree with commenters who noted that the

requirement in proposed §303.430(e)(3) applies only to

States that elect to offer services under §303.211 and is

not a pendency provision and, thus, we have moved the

substance of proposed §303.430(e)(3) to §303.211(b)(4).

For clarification, we have added that it is the lead agency that must continue to provide all early intervention

services identified in the toddler with a disability’s IFSP

under §303.344 (and consented to by the parent under

§303.342(e)) beyond age three until that toddler’s initial

eligibility under Part B of the Act is determined under 34 CFR 300.306.

Regarding commenters’ concerns about delaying Part B

eligibility determinations and potentially requiring a lead agency to provide services for an unlimited time period, we have clarified that this provision does not apply if the