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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.

Part C of the Act and could be interpreted incorrectly by insurance companies and Medicaid concerning payment for services. One commenter also expressed concern that the term education records is used inconsistently throughout

the regulations (see §§303.405(a) and (b), 303.406,

303.407, 303.408, 303.410, and 303.411).

Discussion: We agree that the term early intervention records should replace the term education records in

§303.403 and have revised references to education records

to read early intervention records in these regulations.

Changes: We have revised §303.403(b) to define early

intervention records instead of education records and clarified that the term includes all records regarding a child that are required to be collected, maintained, or used under Part C of the Act and the regulations in this part.

Comment: One commenter expressed concerns that the

definitions in §303.403, while applicable to programs under

Part B of the Act, may not be appropriate for programs under Part C of the Act.

Discussion: We agree that the definitions of education

records and participating agency in §303.403 could be

amended to more appropriately apply to Part C of the Act. As noted previously, we have removed the term education