IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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.
policies. Further, it is most appropriate for States to develop, if needed, a definition of supervision.
Concerning commenters’ requests that States file with the
Department their regulations on paraprofessionals and assistants, section 634 of the Act requires States to assure but not necessarily demonstrate their compliance with the requirements in section 635 of the Act, including section 635(a)(9). Therefore, we decline to include definitions of these terms or a filing requirement in these regulations.
Policy to address shortage of personnel (§303.119(d))
Comment: One commenter requested that we include
definitions of the terms “geographic area of the State,”
“geographic area where there is a shortage,” “good-faith
effort,” and “most qualified individuals available” in this
section of the regulations.
Discussion: Section 303.119(d) provides that a State may adopt a policy to address a shortage of personnel, including efforts to recruit and hire appropriately and adequately trained personnel in a geographic area of the State where there is a shortage of personnel. The
Department’s position is that the phrases “geographic area
of the State” and “geographic area where there is a