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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