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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.

public agency receives the child’s referral is preferable

because it promotes accountability for lead agencies; the triggering event for the timeline is something outside of a

lead agency’s control. Moreover, commenters argued that

beginning the 45-day timeline from the date of referral will help ensure that children receive services within a shorter timeframe. Some of the commenters that supported triggering the required timeline from the date of referral recommended that the length of the timeline be changed; they suggested alternative timelines, ranging from 30 days from referral to 75 days from referral.

Finally, a few commenters recommended that these regulations not include any timeline. These commenters argued that each State should have the flexibility to establish its own timeline to complete the post-referral activities through the initial IFSP meeting; they argued that this flexibility would be similar to the flexibility offered in the evaluation timeline under 34 CFR 300.301(c) (1)(ii) to conduct an evaluation to determine eligibility for the Part B program.

Discussion: After much review and careful consideration of the many and divergent opinions on the 45-day timeline, we have determined that it is appropriate to retain in new

§303.310(a) the 45-day timeline from the date of the