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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.

that the definition of FAPE is included for purposes of the

use of this term in §§303.211, 303.501 and 303.521.

Changes: We have added references in §303.15 to §§303.211,

303.501 and 303.521.

Health services (§303.16)

Comment: The comments we received on the proposed

definition of health services in §303.16 indicated there

was some confusion concerning the conditions under which a child may receive health services under Part C of the Act. Some commenters stated that the definition of health services was vague and could be read to mean that: (1) infants and toddlers with disabilities are eligible to receive health services under Part C of the Act even when those infants and toddlers are otherwise not eligible to receive early intervention services under Part C of the Act and (2) funding of these health services under Part C of the Act was required when no other payor was available.

Discussion: The Department’s position is that §303.16

clearly states that a lead agency is only required to fund health services that meet the definition of health services

in §303.16 during the time that the child is eligible to

receive early intervention services under Part C of the Act and regardless of the availability of other payors. However, to avoid confusion, we have added language in