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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.

provided at no cost to the parent. If a State elects to continue to provide Part C services for children age three and older who were receiving Part C services, and a parent provides consent for such services, the Part C provisions apply, including those relating to a State system of payments.

Changes: None.

Comment: One commenter asked, with respect to §303.521(c),

whether a State that has a FAPE mandate for children under the age of three or a State that uses funds under Part B of the Act to serve children under age three can have a system of payments to provide Part C services to children from age three until kindergarten.

Discussion: A State that elects to offer services under

§303.211 and has a State law mandating FAPE for children

with disabilities for particular ages (such as ages three through five) must ensure that services that are a part of FAPE for an eligible child in that age range are provided at no cost. If there are Part C services that are

available to a child with a disability under §303.211 that

are not part of FAPE for that child, the State may adopt a system of payments for such services.

Changes: None.

Comment: One commenter requested clarification on