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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.

under §§303.401 through 303.417 would not be available to

agencies responsible for the care of infants and toddlers not residing at home or to the employees of such agencies.

Changes: None.

Comment: One commenter requested that we clarify the word

“broader” as used in proposed §303.401(b)(1), regarding

confidentiality procedures.

Discussion: Proposed §303.401(b)(1) stated that the Part C

confidentiality procedures are consistent with, but broader than, those under FERPA. In some instances the Part C confidentiality procedures differ from the requirements under FERPA (for example, Part C uses the term

“participating agency” and permits States to adopt an opt-

out policy in §303.401(e)). We agree that the phrase “that

are consistent with, but broader than those under” is not

clear; therefore, we have removed the phrase. Additionally, we have removed the last phrase of the

parenthetical “and include additional Part C requirements”

because it is redundant.

Changes: The phrase “that are consistent with, but broader

than those under” and the last phrase of the parenthetical

“and include additional Part C requirements” have been

removed.

Comment: One commenter requested that the Department