IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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Amendments to the Act) are reflected in §303.302(c) of
these regulations, which address the scope and coordination
of the State’s child find system. Thus, revising §303.112
to specifically identify additional subgroups of infants and toddlers with disabilities and their families is not necessary.
Evaluation, assessment, and nondiscriminatory procedures
Comment: Two commenters recommended adding the word
“voluntary” before “family-directed identification of the
needs of the family” in paragraph (a)(2) of this section to
clarify that the Part C program is voluntary and that the assessment cannot take place unless and until parents agree to the assessment.
Discussion: We agree that the family-directed identification of the needs of the family referenced in
§303.113(a)(2) is voluntary on the part of the family.
However, it is not necessary to revise §303.113 because, in
§303.113(b), we make clear that the family assessment must
meet the requirements in §303.321. Section 303.321(c)(2),
in turn, provides that the family assessment must be voluntary on the part of the family. We decline to make the requested change because it would be redundant to