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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.

and 635(c) of the Act and §303.211, States have the option,

but are not required, to make Part C services available to eligible children over the age of three. While the provision in section 643(e) of the Act requires the Department, in any fiscal year for which the appropriation for the Part C program exceeds $460,000,000, to reserve a portion of the funds as incentive funds for States to serve children three years of age until entrance into elementary school, nothing in the Act (including sections 632(5)(B) (ii) and 635(c)) links the availability of the option to make Part C services available to eligible children over the age of three to the availability of funding under section 643(e) of the Act.

Changes: None.

Payor of last resort (§303.510)

Comment: Several commenters requested that the language

from the note following current §303.527 (concerning the

intent of Congress that other funding sources continue for services that would be available to eligible children but for the existence of programs under Part C of the Act) be incorporated in the payor of last resort requirements in

§303.510. These commenters noted that the language in the

note supports congressional intent for an interagency structure to finance early intervention services and is an