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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.

private sources. Section 639(a)(2) of the Act requires the State to ensure the confidentiality of personally identifiable information, including the right of parents to written notice of and written consent to the exchange of such information among agencies consistent with Federal and State law. Section 640 of IDEA requires the State lead agency to use Federal IDEA Part C funds as a payor of last resort; requires State interagency mechanisms to ensure the timely provision of, and payment for, early intervention services; and explicitly references the use of other public funding sources, such as Medicaid, to pay for Part C services. Read together, these IDEA Part C statutory provisions require States to use public benefits or insurance (when available) to pay for Part C services instead of using Federal IDEA Part C funds, and also require States to protect the privacy rights of parents and their children.

Consent to enroll in a public benefits or insurance

program. We appreciate the commenters’ concerns that the

act of enrolling in a public benefits or insurance program

may impose costs on parents and families, affect parents’

and families’ rights under other Federal programs, or have

an effect on a parent’s credit rating. The act of

enrollment involves disclosure of personally identifiable