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parents and families are fully informed of the availability of services under section 619 of the Act.

Discussion: We agree that, as written, proposed

§303.300(b)(4) did not provide sufficient clarification

regarding when, and to whom, a description of the availability of services under section 619 of the Act must

be provided. Accordingly, we have revised new §303.301(c)

(proposed §303.300(b)(4)) to specify that each public

awareness program must include a requirement that the lead agency provide for informing parents of toddlers with disabilities of the availability of preschool services under section 619 of the Act not fewer than 90 days prior

to the child’s third birthday. We have removed the

reference to “toddlers with disabilities nearing transition

age” and instead clarified the timeline by which the

information must be provided. We have revised this timeline so that it is consistent with the timelines for LEA notification and other transition requirements in


In response to the specific comment asking whether

providing public awareness under new §303.301(c) (proposed

§303.300(b)(4)) to parents when their toddler reaches two

years and four months of age would be in compliance with this requirement, it would be in compliance under the