IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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.
important statement supporting States’ efforts to develop
the necessary partnerships to fund the Part C system.
Discussion: The substance of the note that follows current
§303.527 is included in §303.510(c) as a rule of
construction. The rule of construction, which references funding sources under the Social Security Act, 42 U.S.C. 701, et seq. (SSA), clarifies that nothing in Part C of the Act may be construed to permit a State (including the lead agency and other agencies in the State) to withdraw funding for services that currently are or would be made available to eligible children but for the existence of Part C of the Act. Thus, funding from other sources would continue to be available to support services that are included in the
IFSP. To make this clearer, we have amended §303.510(c) to
include a reference to section 1903(a) of the SSA, the specific section of the SSA regarding medical assistance for services and have clarified that nothing in this part may be construed to permit a State to reduce medical or other assistance available in the State.
Changes: We have amended §303.510(c) by removing the final
phrase “within the State” and including the phrases: (1)
“in the State” and (2) “including section 1903(a) of the
SSA regarding medical assistance for services furnished to an infant or toddler with a disability when those services