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Federal standard.

A significant number of commenters, however, opposed

the language in proposed §303.302(a)(2)(i) and recommended

retaining the two-day timeline for referrals in current

§303.321(d)(2)(ii). These commenters expressed concern

that the proposed timeline, i.e., as soon as possible, threatens to introduce long delays into Part C referral, evaluation, and program implementation processes. Other commenters proposed that the regulations retain the phrase

“as soon as possible,” but qualify it with a maximum

timeline. Commenters proposed a variety of maximum timelines, ranging from three business days to ten business days.

Discussion: We agree with the commenters who expressed concern that requiring primary referral sources to refer an

identified child to the Part C program “as soon as

possible” could introduce undue delays into the Part C

referral process. Although enforcement of the timeline in

current §303.321(d)(2)(ii), which requires primary referral

sources to refer a child to the Part C system within two

working days of the child’s identification, has been a

challenge for lead agencies, requiring referrals to be made

“as soon as possible” may be more difficult to enforce than

the two-day timeline. We believe it is appropriate to