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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.

including sanctions under GEPA and EDGAR, to monitor and enforce the implementation of Part C of the Act.

In instances where the determinations for a State are

different in consecutive years (e.g., “needs assistance” in

year one and “needs intervention” in the following year),

the Department may use the enforcement mechanisms under GEPA and EDGAR in addition to those identified in the Act

and §303.707. Whether the Department will need to use

additional enforcement mechanisms will depend on the unique facts of the situation. Thus, it is not possible for the Department to identify in these regulations all situations in which the use of those enforcement mechanisms may be appropriate.

Finally, we decline to change the references in this

section from “consecutive years” to “program years” because

section 616(e) of the Act, which is the statutory authority

for §303.704, refers to consecutive years.

Changes: None.

Comment: None.

Discussion: To be consistent with section 642(3) of the

Act, the terms “instructional” and “instruction” in

§303.704(a)(1)(ii) have been revised to refer to “early

intervention service provision.”

Changes: The terms “instructional” and “instruction” in