IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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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,