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§303.209.

Finally, the commenter requested that we amend the rules of construction to state 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

required to be held under §303.209. The rules of

construction in §303.211(e) only apply to §303.211 and thus

only apply to children over the age of three who were previously eligible for and received early intervention

services under Part C of the Act. A child over the age of

three who was previously eligible for and already received

early intervention services under Part C of the Act would never need to be referred for Part C services and,

therefore, the transition timeline requirements in §303.209

do not apply to these children. For this reason, we decline to make the change requested by the commenter.

Changes: None.

Additional information and assurances (§303.212)

Comment: None.

Discussion: To create a freestanding document in these

regulations, we have added as new §303.212(a), regarding

additional information and assurances that must be included

in each State’s Part C application, a provision that