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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.

§§303.209 and 303.211. Thus, we have revised §303.211(b)

(6) to identify the transition requirements (i.e., requirements relating to the transition from receiving

services under §303.211 to preschool, kindergarten or

elementary school) that apply to children age three and

older who are receiving services under §303.211.

Specifically, we have added new §303.211(b)(6)(i), (b)(6)

(ii), and (b)(6)(iii) to clarify that the lead agency must notify the SEA and appropriate LEA, conduct a transition conference, and develop a transition plan in the IFSP not fewer than 90 days before the child will no longer be

eligible under §303.211(a)(2) to receive or will no longer

receive early intervention services under §303.211. These

transition requirements, which parallel the requirements in

§303.209(b)(1)(i), (c)(1), and (d), are intended to occur

after the child is receiving, but soon to exit from,

services under §303.211. These transition requirements do

not affect the transition requirements under §303.209,

which apply to all infants and toddlers under the age three, including those in a State that elects to provide

services under §303.211.

As noted earlier under new §303.209(f) of this

Analysis of Comments and Changes section of the preamble,

we have clarified in new §303.211(b)(6) that the transition