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(ii)(A) (proposed §303.301(c)(1)(ii)(A)) and new

§303.303(c)(11) (proposed §303.302(c)(11)).

Changes: We have removed the parenthetical “(for States

electing to make available services under this part to children with disabilities after the age of three in accordance with section 635(c)(2)(G) of the Act and

§303.211)” from §303.302(c)(1)(ii)(A) (proposed §303.301(c)

(1)(ii)(A)) and new §303.303(c)(11) (proposed §303.302(c)

(11)).

Comment: One commenter requested that the Department

clarify in §303.211(b)(7), or elsewhere in §303.211, the

parental consent requirements for children receiving

services under §303.211. Specifically, the commenter

questioned whether the definition of parent in §303.27 and

general consent for evaluation requirements in §303.420(a)

(2) apply to this section. The commenter also expressed concern that parental consent may be difficult to obtain

for the children referenced in §303.211(b)(7), especially

for children who are under the jurisdiction of a child protective services agency.

Discussion: If a State elects to offer services under

§303.211, the lead agency must obtain parental consent as

required under §303.211(b)(5) before making those services

available. The Department’s position is that §303.211(b)