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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.

of the Act and the Third Circuit decision in Pardini, the Part B pendency provisions in section 615 of the Act and 34 CFR 300.518(c) do not otherwise require public agencies under Part B of the Act to provide Part B services when a child transitions from Part C to Part B of the Act. Additionally, unless the State elects to offer services

under §303.211, the lead agency or EIS provider under Part

C of the Act is not required to provide Part C services once the child turns three.

Changes: We have revised §303.211(b)(4) to clarify that

the lead agency 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 determination under Part B of

the Act is made under 34 CFR §300.306. This requirement

does not apply if the LEA has requested parental consent

for the initial evaluation under §300.300(a) and the parent

has not provided that consent.

Informed consent (§303.211(b)(5))

Comment: One commenter recommended deleting the words

“where practicable” in §303.211(b)(5), which relates to the

requirement that the lead agency obtain informed consent from parents before the child reaches three years of age.