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U.S. Department of Education: Promoting Educational Excellence for all Americans

Requirements if additional data are not needed (Sec. 300.305(d))

Comment: One commenter requested that the regulations define or remove the phrase "qualified professionals, as appropriate" in Sec. 300.305(d)(1).

Discussion: Section 300.305(d)(1) follows the specific language in section 614(c)(1) of the Act and refers to the decision made by the IEP Team and "other qualified professionals, as appropriate" regarding whether additional data are needed to determine whether a child continues to be a child with a disability and the child's educational needs. The phrase, "qualified professionals, as appropriate" is used to provide flexibility for public agencies to include other professionals who may not be a part of the child's IEP Team in the group that determines if additional data are needed to make an eligibility determination and determine the child's educational needs. We believe that public agencies should have flexibility in determining how to define "qualified professionals" and we do not believe a definition should be included in the regulations.

Changes: None.