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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.

Elementary and Secondary Education Act of 1965, as amended (ESEA).

Subpart C--State Application and Assurances

Application Requirements

• Section 303.203(b)(2) clarifies that the State’s

application must include, as part of coordination of all resources, those methods the State uses to implement the payor of last resort requirements in


• Revised §303.208(b), regarding public participation

policies and procedures, requires lead agencies to

hold public hearings, provide at least 30 days’ prior

notice for the hearings, and provide a public comment period of at least 30 days before adopting any new or revised Part C policies or procedures.

• Revised §303.209(b)(1)(i) (proposed §303.209(b)(2)(i))

requires that, for toddlers with disabilities who may be eligible for preschool services under Part B of the Act, the lead agency notify (consistent with any opt-

out policy adopted by the State under §303.401(e)),

not only the local educational agency (LEA) where the toddler resides, but also the State educational agency (SEA), and revise the timeline for the notification to

occur not fewer than 90 days before the toddler’s