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provider are defined in the Part C regulations,

respectively, in §303.13 and §303.12.

Part B of the Act requires States to make available to children with disabilities a free appropriate public education or FAPE, which includes special education and related services. The term related services is defined in the Part B regulations in 34 CFR 300.34 as supportive

services that are required “to assist a child with a

disability to benefit from special education” and includes

transportation and developmental, corrective, and other

supportive services. The term “related services provider”

is not defined in the Part B regulations.

While many examples of early intervention services under Part C of the Act, including occupational therapy and speech-language pathology services, are the same as the examples of related services under Part B of the Act, there are potential differences between related services and early intervention services, based on differing ages of the populations served and purposes of the programs.

Therefore, it is the Department’s position that the

regulations for Part B and Part C of the Act, and specifically the definitions of related services, early intervention services, and early intervention service provider, distinguish sufficiently between the roles and