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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.

§303.521(b), concerning mandatory public agency functions

that are not subject to fees that public agencies must perform. The commenter expressed concern that requiring

these functions “to be carried out at public expense by a

State” prohibits local early intervention programs from

using local funds to pay for these functions.

Discussion: The requirement in §303.521(b) does not

prohibit local early intervention programs from using local funds to pay for these functions. For clarity, we have

removed the phrase “by a State.”

Changes: We have removed the phrase “by a State” from

§303.521(b).

Comment: Several commenters recommended that we require a State to include in its system of payments policies

information on the family’s procedural safeguards.

Discussion: We agree with commenters that States must inform parents about procedural safeguards when the State

determines a parent’s ability to pay or imposes a fee on

parents. We have added in new §303.521(e) the requirement

that States establish written policies as part of their system of payments to inform parents about the availability of procedural safeguards.

We have clarified that the State must inform parents of the availability of existing dispute resolution