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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.

Comment: One commenter recommended revising the language

in §303.417 because the proposed phrasing was awkward.

Discussion: We agree that §303.417 should be clarified.

We have amended §303.417 to clarify that the enforcement

policies and procedures that a State must have in effect

are consistent with §§303.401 through 303.417, and include

sanctions and the right to file a State complaint under

§§303.432 through 303.434.

Changes: We have amended §303.417 to indicate that the

lead agency must have in effect the policies and procedures, including sanctions and the right to file a

complaint under §§303.432 through 303.434, that a State

uses to ensure that its policies and procedures, consistent

with §§303.401 through 303.417, are followed and that the

requirements of the Act and the regulations in this part are met.

Parental consent and ability to decline services (§303.420)

Comment: Some commenters requested that the Office of Special Education and Rehabilitative Services (OSERS) provide clarification regarding parental consent for the assessments used to report on child outcomes in the SPP/APR. One commenter requested that the OSERS September 2006 (revised October 2007) frequently asked questions (FAQ) document located at