IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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normally used by that individual, or in the case of a child, the language normally used by the parents of the
child, except as provided in §303.25(a)(2). We added new
§303.25(a)(2) to provide that, for evaluations and
assessments of a child, the native language of a child with limited English proficiency is the language normally used by the child if qualified personnel conducting the evaluation or assessment determine that this language is
developmentally appropriate for the child given the child’s
age and communication skills.
These changes do not change the long-standing native
language requirements in §303.342, concerning IFSP
meetings, §303.420, concerning obtaining parental consent,
and §303.421, concerning prior written notice and
procedural safeguards. As discussed in the Analysis of Comments and Changes for subpart E of this part, we have
added a native language requirement in §303.404, concerning
the general notice of confidentiality procedures provided to parents.
Changes: We have revised §303.25(a)(1) to state that, when
used with respect to an individual who is limited English proficient (LEP) as that term is defined in section 602(18) of IDEA, the term native language means-- (1) The language normally used by that individual, or, in the case of a