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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.

particular list are not all of the possible items that are covered, whether like or unlike the ones named. This change clarifies that the list of factors is not exhaustive.

Changes: We have replaced the phrase “such as” with the

word “including.”

Comment: A few commenters expressed concern that Federal funding of Part C of the Act is not sufficient to serve at-

risk infants and toddlers and that the inclusion of §303.5

may give parents the impression that early intervention services are available for at-risk infants and toddlers, when these services are not always available.

Discussion: The statute permits, but does not require, States to offer services to at-risk infants and toddlers. A definition of at-risk infant or toddler is necessary to guide implementation by States that choose to provide early intervention services to at-risk infants and toddlers. If a State chooses to provide these services, the State,

pursuant to §303.204(a), must provide a definition of at-

risk infant or toddler and a description of the services available to these children in the information the lead agency provides to parents and primary referral sources

through the State’s public awareness program, as required

under §303.301. For those States that choose to provide