Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

child, the language normally used by the parents of the

child, except as provided in §303.25(a)(2). We also added

a new paragraph (a)(2) to this section to provide that the native language for an individual who is limited English proficient means, for evaluations and assessments conducted

pursuant to §303.321(a)(5) and (a)(6), the language

normally used by the child if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment.

Natural environments (§303.26)

Comment: Many commenters suggested changes to the proposed

definition of natural environments in §303.26. A few

commenters recommended adding the phrase “community

settings where children without disabilities participate”

to make the definition consistent with section 632(4)(G) of the Act. Other commenters recommended retaining the

reference to the “child’s age peers” in current §303.18.

Some commenters recommended replacing the word “normal”

with “typical” because the term “normal” is value-laden,

vague, and open to interpretation.

One commenter recommended providing a list of natural environments in which an infant or toddler with a disability may receive services. Several commenters, some

in response to §303.26 and others in response to §303.126,