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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.

identifiable information of a child and the child’s family

that is contained in early intervention records collected, used, or maintained under this part by the lead agency.

Changes: We have replaced the phrase “lead agency or EIS

provider” with the phrase “participating agency” in

§303.401(c)(2). We also have replaced the phrase “required

to maintain or maintains” with the phrase “required to

maintain or no longer maintains” in §303.401(c)(2).

Disclosure of information (§303.401(d))

Comment: One commenter stated that it is unnecessary for the lead agency to disclose the information identified in

§303.401(d) to the LEA where the child resides or to the

SEA and that such disclosure may potentially breach the right to confidentiality of personally identifiable information.

Discussion: Section 637(a)(9)(A)(ii)(I) of the Act, concerning preschool transition, requires the lead agency to notify the LEA where the toddler resides that the toddler will shortly reach the age of eligibility for preschool services under Part B of the Act. We believe that notifying the LEA where the child resides and the SEA

of the toddler’s name, date of birth, and the parent

contact information (including parents’ names, addresses,

and telephone numbers) is necessary to implement the