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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.

determination of eligibility of a child for services under section 619 of the Act and offering the parent any services

under the Part C extension option under §303.211.

The parent must consent to an evaluation to determine eligibility under section 619 of the Act. Once a parent consents to the initial evaluation under Part B of the Act, the LEA must conduct the evaluation under 34 CFR 300.301(b) of the Part B regulations within 60 days or a State- determined timeline. Additionally, under section 612(a)(9) of the Act and 34 CFR 300.124(b) of the Part B regulations, the SEA and LEA must ensure that an IEP has been developed and is being implemented by age three for a toddler with a disability who transitions from Part C of the Act to Part B of the Act regardless of whether the State has established a timeline different from the 60-day evaluation timeline in 34 CFR 300.301(c)(1) of the Part B regulations.

Thus, the eligibility determination must be made by the LEA in sufficient time to enable the LEA to offer FAPE to that child who is transitioning from the Part C program

by age three (if that child is eligible as a child with a

disability under Part B of the Act), as required by section 612(a)(9) of the Act and 34 CFR 300.124(b) of the Part B regulations.

In response to commenters’ reference to section 615(j)