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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.

§303.430(d) to remove the phrase “in addition to adopting

the procedures in paragraphs (b) and (c) of this section”

because these requirements do not need to be referenced in paragraph (d) and to do so would be redundant with the requirements already cited in paragraphs (b) and (c) of

§303.430.

Changes: We have removed from §303.430(d) the phrase “in

addition to adopting the procedures in paragraphs (b) and

(c) of this section.”

Comment: Many commenters expressed concern that the

language in proposed §303.430(e)(3) relates not to

pendency, but to the requirement in section 635(c)(2)(D) of

the Act and §303.211(b)(4) that IFSP services continue to

be provided to a toddler with a disability until a Part B eligibility determination is made for that child in a State that elects to make Part C services available beyond age

three under §303.211. A few other commenters indicated

that proposed §303.430(e)(3) conflicts with sections 607(a)

and (b) and 615(j) of the Act and the Third Circuit decision in Pardini v. Allegheny Intermediate Unit, 420 F.3d 181 (3d Cir. 2005), cert. denied, 126 S.Ct. 1646

(2006). One commenter, recommended referencing Part B eligibility as well as ineligibility in proposed

§303.430(e)(1).