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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.

The commenter also recommended adding language to

§303.211(b)(5) to require lead agencies to obtain

verification from parents that they fully understand the benefits of both the program implemented under Part B of the Act and the program implemented under Part C of Act before allowing the parents to decide whether to place their child in a Part B or Part C program at age three

pursuant to §303.211.

Discussion: Section 303.211(b)(5) requires States to ensure that informed consent is obtained from the parent of

any child to be served under §303.211. The phrase “where

practicable” was not intended to mean that parental consent

was optional. To be clear, the lead agency must obtain

informed consent for all children served under §303.211.

The “where practicable” language was intended to modify the

requirement that lead agencies obtain consent before-- rather than after--the child turns three years of age. We

included the “where practicable” language because we

recognize that it may not always be possible or practicable

for lead agencies to obtain consent before the child’s

third birthday, for example, when a child is ill or there

is a family emergency. We have revised §303.211(b)(5) to

clarify our intended meaning for this provision.

Requiring in §303.211(b)(5) that lead agencies verify