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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.

shortage,” as used, in this section are best left to the

State to define.

The Department’s position is that the term “good faith

effort” reflects the common understanding of the term and

that States will make the reasonable efforts necessary to enable the State to recruit, hire, and retain appropriately and adequately prepared and trained personnel to provide early intervention services to infants and toddlers with disabilities. Thus, defining the term in these regulations is not necessary.

Finally, States can best determine how to define the

term “most qualified individual available,” provided that

the State’s definition is consistent with the provisions in

§303.119(a) and (b). This approach gives States the

flexibility they need to determine which individuals would

be considered the “most qualified individual available” in

light of unique State personnel needs.

Changes: None.

Lead agency role in supervision, monitoring, funding, interagency coordination, and other responsibilities


Comment: None.

Discussion: Based on further review of §303.120, we have

determined it is appropriate to add references to EIS