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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.

LEA has requested parental consent for the initial evaluation under 34 CFR 300.300(a) and the parent has not provided that consent.

We disagree with commenters’ suggestion that this

requirement in §303.211(b)(4) creates disincentives for

LEAs to make a timely Part B eligibility determination for a toddler with a disability who is not yet age three and is transitioning from the Part C program at age three to either the Part B preschool program under section 619 of the Act or to the Part C extension option under section

635(c) of the Act and §303.211. In order for the toddler

with a disability to be eligible either for Part B

preschool services or for services under §303.211, the

child must be determined to be eligible under section 619 of the Act and the LEA is required to make this eligibility determination.

Under §303.209(c) and 34 CFR 300.124(c), a lead agency

representative and an LEA representative must attend the transition conference under Part C of the Act for a child potentially eligible for Part B services (with approval of the family) and this conference must occur at least 90 days (and at the discretion of all parties not more than 9

months) prior to the child’s third birthday. It is at this

conference that the LEA and lead agency must coordinate the