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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.

makes clear that the definition of infant or toddler with a

disability may include, at a State’s discretion, a child

with a disability who is eligible for services under section 619 of the Act and who previously received services under Part 303 until the child enters, or is eligible under State law to enter, kindergarten or elementary school.

Summer services should not be denied to a child transitioning from early intervention services under Part C of the Act to programs under Part B of the Act simply because that child transitions during the summer months. Once a child is determined eligible for Part B services, an IEP, or if consistent with 34 CFR 300.323(b) of the Part B

regulations, an IFSP, must be developed. If a child’s IEP

Team determines that extended school year services are necessary for the child to receive FAPE, the child must receive those services in accordance with the IEP (or IFSP under 34 CFR 300.323(b) of the Part B regulations). Issues relating to transition of infants and toddlers from Part C to Part B services are discussed in more detail in the Analysis of Comments and Changes for subpart C in response

to comments received on §303.209.

Changes: We have revised §303.21(a)(2)(ii) to add

“severe attachment disorders” to the list of diagnosed

conditions that have a high probability of resulting in