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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.

child’s referral as reflected in current §303.321(e), but

to provide for limited exceptions when the 45-day timeline will not apply. Data from Federal fiscal year (FFY) 2006 State Part C SPP/APRs indicate that many States have made significant progress toward meeting the current 45-day

timeline requirement. The Department’s position is that

maintaining this standard in new §303.310(a)--combined with

the flexibility offered by the two exceptions incorporated

in new §303.310(b)--will help States continue to ensure

timely initial evaluations, initial assessments, and initial IFSP meetings when children are referred to the Part C program without unduly burdening lead agencies and EIS providers.

We believe that having the 45-day timeline in new

§303.310(a) commence on the date of referral, rather than

on the date the lead agency or EIS provider obtains parental consent for the initial evaluation, ensures accountability, consistency, and predictability, and it is easier for States and parents to implement and track. More importantly, we are persuaded that this timeline will result in fewer delays in infants and toddlers with disabilities receiving early intervention services as quickly as possible after being referred. For these reasons, we have incorporated the 45-day timeline,