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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.

requirement from current §303.321(b)(2), which requires

that an effective method be developed and implemented to determine which children are receiving needed early intervention services. However, these commenters strongly

opposed the requirement in proposed §303.301(b)(2) to have

an effective method to determine which children are not in need of early intervention services. The commenters argued that this is not a statutory requirement and would add significant burden to lead agencies.

Discussion: We agree with the commenters that child find efforts under Part C of the Act should focus on identifying

infants and toddlers with disabilities who are potentially

eligible for, or in need of, early intervention services

and not those who are not potentially eligible for such services. Therefore, we have removed the requirement that lead agencies must determine which children are not in need

of services in new §303.302(b)(2) (proposed §303.301(b)


Changes: We removed the phrase “and which children are not

in need of those services” in new §303.302(b)(2) (proposed


Comment: None.

Discussion: Proposed §303.301(c)(1)(ii)(G) identified

“child protection programs, including programs administered