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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.

to provide any consent needed under §303.520. We also have

revised this section to further clarify that if a parent is determined unable to pay, the lead agency must use Part C or other funds to pay for the costs identified in

§303.520(b)(2) or the fees charged to the parent under

§303.521(a)(1).

Changes: We have revised §303.521(a)(6) to clarify that

the lead agency may use Part C funds to pay for costs such as premiums, deductibles, or copayments identified in

§303.520(b)(2) that it must use Part C or other funds to

pay for the costs identified in §303.520(b)(2) or the fees

charged to the parent under §303.521(a)(1) for a parent

determined unable to pay.

Comment: One commenter recommended that a State with a system of payments that requires a family cost share or private insurance component should not be allowed to charge families for services that must be provided to a child in order for the child to receive FAPE under Part B of the Act, particularly once a child turns three and services are provided at no cost to parents.

Discussion: If a child is eligible at or before age three under Part B of the Act to receive FAPE and the service is

identified on the child’s IEP as part of FAPE for that

child, then, under 34 CFR 300.17(a), that service must be