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received early intervention services and that this written consent must state that the parents fully understand the differences between early intervention services provided under Part C of the Act and preschool services provided under Part B of the Act. Repeating this requirement, as recommended by the commenter, is not necessary.

Changes: We have modified §303.211(b)(5) by separating the

language into two sentences. The first sentence clarifies that a statewide system of a State offering the option

under §303.211 must ensure that the lead agency obtain

informed consent from the parents of any child to be served under this section for the continuation of early

intervention services pursuant to §303.211. We have moved

the phrase “where practicable” to the end of a new second

sentence to clarify that it modifies the requirement that consent be obtained before the child reaches three years of age.

Applicability of transition timelines (§303.211(b)(6))

Comment: One commenter recommended revising §303.211(b)(6)

to provide States with explicit guidance on how to implement the transition timeline requirements in

§§303.209(c)(1) and 303.209(d)(2).

Discussion: We agree that the transition timelines for

children served under §303.211 were not clear in proposed