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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.

We agree with the commenter’s request to clarify the

role of qualified personnel in conducting evaluations.

Thus, we have added in §303.31 a reference to conducting

evaluations or assessments to reflect the long-standing

requirement in current §303.322 and new §303.321 (proposed

§303.320) that evaluations and assessments must be

conducted by qualified personnel.

Changes: We have added “conducting evaluations or

assessments or” before “providing early intervention


Scientifically based research (§303.32)

Comment: None.

Discussion: We determined that adding a definition for scientifically based research to subpart A would be helpful because the definition will provide clarity and understanding when the term scientifically based research is used in this part. Thus, we have added the defined term scientifically based research and provided that the term has the same meaning as in section 9101(37) of the Elementary and Secondary Education Act of 1965, as amended (ESEA). When applying this definition to the regulations

under Part C of the Act, any reference to “education

activities and programs” refers to “early intervention