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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.

intervention services, should not apply to Part C because participation in early intervention services is voluntary. The commenter recommended removing this paragraph.

Discussion: We agree with the commenter that the participation of infants and toddlers with disabilities and their families in the Part C program is voluntary and a parent may refuse an initial evaluation or assessment without the lead agency being able to use the due process hearing procedures under this part or under the regulations

under Part B of the Act to challenge the parent’s refusal.

Additionally, because the lead agency may not use due

process hearing procedures to challenge a parent’s refusal

to provide consent required under this part, we have added

in new §303.420(c) that such due process hearing procedures

may not be used to challenge the parent’s refusal to

provide any consent that is required under paragraph (a) of

this section. Therefore, we have amended §303.420(c)

accordingly.

Changes: We have amended §303.420(c) to indicate that a

lead agency may not use the due process hearing procedures under this part or Part B of the Act to challenge a

parent’s refusal to provide any consent that is required

under paragraph (a) of this section.

Comment: None.