IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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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