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that parents fully understand the benefits of both the Part B and Part C programs is not necessary for two reasons.

First, §303.211(b)(1) requires that States provide an

annual notice that includes an explanation of the differences between early intervention services provided under Part C of the Act and preschool services provided under Part B of the Act to parents of children with disabilities who are eligible under section 619 of the Act and who previously received early intervention services.

Second, §303.211(b)(5) further provides that informed

consent must be obtained from parents for the continuation

of early intervention services pursuant to §303.211 for

their child.

Consent, as defined in §303.7, means the parent has

been fully informed of all information relevant to the

activity for which consent is sought in the parent’s native

language or other mode of communication. This definition

of consent in §303.7 also requires that the parent

understand and agree in writing to the activity for which

the parent’s consent is sought.

Thus, §§303.211(b)(1) and 303.211(b)(5), when read

together, make clear that States are required to obtain written consent from parents of children with disabilities eligible under section 619 of the Act who previously