IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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.
as an entity subject to the lead agency’s suspension of
further payments of Part C funds when the Secretary withholds those funds to the State.
Discussion: We agree with the commenter that the term EIS
programs should be added to §303.705(c)(1)(ii) in addition
to the existing reference to EIS providers because the terms have different definitions.
Under §303.12, EIS providers are entities or
individuals that provide early intervention services under Part C of the Act, regardless of whether they receive Part C Federal funds, and may include, where appropriate, the lead agency and other public agencies responsible for providing early intervention services to infants and toddlers with disabilities in the State. EIS programs are
different; under §303.11, an EIS program is an entity
designated by the lead agency for reporting under sections
616 and 642 of the Act and §§303.700 through 303.702.
Lead agencies do not always provide Part C funds directly to an EIS provider, but instead may provide Part C funds to an EIS program. Thus, it would be appropriate to
clarify in §303.705(c)(1)(ii) that the lead agency must not
make further payments of funds under Part C of the Act to specified State agencies, EIS programs or, if the lead agency does not provide Part C funds to the EIS program,