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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.

Comment: A few commenters expressed concern about the

rules of construction provision in §303.211(e). One

commenter stated that these provisions may contradict a

parent’s option to select Part B services if a State offers

a “Birth to Five” program. Another commenter requested

that the Department expand the rules of construction to include a provision that a lead agency will not be held responsible for meeting transition timelines when a child is referred for Part C services less than 45 days prior to the time that the transition conference is due to be held.

Discussion: States are not required to implement the

provisions in §303.211. This section simply provides

States with an option to make services under Part C of the Act available to children ages three and older. If a State decides to offer this option, parents may choose for their children to receive early intervention services, rather than Part B services, beyond the age of three. Nothing in

§303.211 or section 635(c) of the Act affects a parent’s

right to choose services under Part B of the Act at any time once the child is eligible to receive Part B services.

Additionally, nothing in §303.211 or section 635(c) of the

Act requires a State to use the option described in

§303.211 in order to implement policies and procedures for

transition to preschool and other programs included in