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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.

This analysis does not attempt to cover every change in the regulations implementing Part C of the Act governing the Early Intervention Program for Infants and Toddlers with Disabilities. We have included an analysis of the costs and benefits of the most significant changes. In conducting this analysis, the Department examined the extent to which changes made by these regulations add to or reduce the costs for State lead agencies and others, as compared to the costs of implementing the Part C program under the previously existing regulations. Based on the following analysis, the Secretary has concluded that the changes reflected in the final regulations will not impose significant costs on the States.

Section 303.211--State Option To Make Part C Services Available to Children Ages Three and Older

Section 303.211 incorporates the provisions of section 635(c) of the Act, which allow States to continue to serve

children with disabilities ages three through five under

Part C of the Act if those children previously received services under Part C of the Act and are eligible for services under section 619 of Part B of the Act. Offering services under Part C of the Act is a State option. In

addition, §303.211(a)(2) clarifies that a State may choose

to serve a subset of this age range.