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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.

homeless children, including homeless infants and toddlers

with disabilities, and it is the Department’s position that

it is not necessary to duplicate the requirements of the McKinney-Vento Act in these regulations. The Department is committed to providing technical assistance to States in order to assist States in their ability to ensure access to early intervention services by homeless children and other traditionally underserved populations.

Changes: None.

Notice and hearing before determining that a State is not

eligible (§303.231(a)(1)(i))

Comment: One commenter recommended that §303.231(a)(1)(i)

be amended to ensure that a State receive at least 90 days

notice--not just “reasonable notice”--prior to the

Secretary making a final determination that the State is ineligible to receive its Part C grant award.

Discussion: Section 637(c) of the Act provides that the Secretary may not disapprove an application for a Part C grant award unless the Secretary determines, after notice and opportunity for a hearing, that the application fails to comply with the requirements under Part C of the Act.

Both Parts B and C of the Act in current §303.101 (which

references 34 CFR 300.581 through 300.586 of the Part B regulations in effect prior to October 13, 2006) and 34 CFR