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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.

Free appropriate public education (§303.15)

Comment: One commenter recommended clarifying that the requirement to provide FAPE under Part C of the Act only applies when a State chooses to make services under Part C available to children ages three and older under the

provisions in §303.211 and is not applicable to the

provision of Part C services to children ages birth to three years of age.

Discussion: The term FAPE is used in §§303.211, 303.501,

and 303.521 of these regulations. Section 303.211 provides that a State may elect to offer services under Part C of the Act to a child age three or older; however, if a State elects to offer these services and a parent chooses Part C services instead of Part B services for a child, the State is not required under this part to provide FAPE for the child.

Section 303.501 provides that States may use Part C

funds to provide FAPE to a child from the child’s third

birthday until the beginning of the school year following that birthday. Section 303.521 addresses situations in which State law mandates the provision of FAPE for children under the age of three.

To clarify the applicability of the FAPE requirements

to these regulations, we have revised §303.15 to provide