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§303.501(a), it is not feasible to further clarify how this

provision might be implemented.

Changes: None.

Comment: Many commenters opposed the provision in

§303.501(d), which allows the use of Part C funds to serve

children over the age of three, because existing appropriations for Part C are not sufficient to cover the cost of providing early intervention services to eligible infants and toddlers under age three and their families. Some commenters requested that the Department clarify that

§303.501(d) should not take effect until sufficient

appropriations are available to trigger incentive funding under section 643(e) of the Act. One commenter supported

§303.501(e), which allows any State that does not provide

services under §303.204 for at-risk infants and toddlers,

as defined in §303.5, to strengthen the statewide system by

initiating, expanding, or improving collaborative efforts related to at-risk infants and toddlers.

Discussion: The provisions in §303.501(d) and (e),

concerning a State’s option to make available early

intervention services in lieu of FAPE to children with disabilities beyond age three and strengthening the statewide system, directly reflect the language in section 638(4) and (5) of the Act. Under sections 632(5)(B)(ii)