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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.

§303.734 must be used to facilitate the implementation of

the provisions in §303.211.

Changes: None.

Comment: One commenter recommended that §303.734(a) be

revised to clarify that a State is eligible to receive Part C funds under this section even if the State elects to make Part C services available only to a subset of children from the age of three to when the child enters, or is eligible under State law to enter, kindergarten or elementary school in the State, instead of children throughout the entire age

range. Another commenter recommended defining the method

the Department will use to distribute funds under


Discussion: We agree that §303.734(a) should clarify that

a State that elects to make Part C services available to a

subset of children specified in §303.211(a)(2) is eligible

for any Part C funds that are available under section

643(e) of the Act, and we have made this change. With

regard to clarifying the method of distributing funds under this section, section 643(e) of the Act provides that for any fiscal year for which the amount appropriated under section 644 of the Act exceeds $460,000,000, the Secretary shall reserve 15 percent of such appropriated amount to provide grants to States that elect, under section 635(c)