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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.

Assistance Act (McKinney-Vento Act), as amended, 42 U.S.C. 11431 et seq. A State may choose to promulgate a definition of homeless children that is broader than the definition in the McKinney-Vento Act, as amended, but a State may not promulgate a definition that is narrower in scope than the Federal definition.

We agree with the commenter and have clarified the definition to include children over the age of three, specifically in cases where States choose to implement

§303.211 and make services under Part C of the Act

available to children ages three and older.

Changes: We have removed the phrase “under the age of

three” from the definition of homeless children to make the

definition consistent with section 635(c) of the Act, which provides States with the flexibility to serve children three years of age and older until entrance into elementary

school, and §303.211, under which a State may make services

under Part C of the Act available to children ages three and older.

Individualized family service plan (§303.20)

Comment: One commenter supported the provision in the definition of individualized family service plan that provides that the plan must be implemented as soon as possible after obtaining parental consent for early