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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.

responsible for assisting the State in implementing the Part C statewide early intervention system.

Regarding use of the terms participating agency, LEA, and SEA in these regulations, these terms are defined in

§§303.404(c), 303.23, and 303.36, respectively, and are

terms used throughout these regulations and specifically in

§303.401(b) through (d)(1). Thus, we decline to make the

change requested by the commenter.

Changes: None.

Comment: Several commenters supported §303.401(e) while

many other commenters opposed it stating that it diminishes

a family’s right to confidentiality and decision-making

about their child. These commenters urged the Department to require a lead agency to obtain parental consent prior to disclosing to an LEA or SEA the information identified

in §303.401(d)(1) as it is personally identifiable

information. Similarly, one commenter requested that the

opt-out requirement in §303.401(e) be changed to an “opt-

in” policy.

Discussion: Section 303.401(e) permits a lead agency to adopt an opt-out policy under section 637(a)(9) of the Act

and §303.209(b)(1)(ii). An opt-out policy requires the

lead agency and EIS providers, prior to disclosing the

limited information identified in §303.401(d)(1) to the LEA