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.
comply with the requirements of the Act and these regulations.
Discussion: The changes recommended by the commenter are not necessary because the Act and the regulations already require, under section 635(a)(10)(A) of the Act and
§303.120(a)(2), that the lead agency monitor EIS providers
as defined in §303.12(a), regardless of whether such EIS
providers receive Federal Part C funds. Under the
definition of EIS provider in §303.12(a), the EIS provider
must provide services in compliance with Part C of the Act, even if the EIS provider does not receive Federal Part C funds. Therefore, no further changes are required.
Comment: A few commenters disagreed with the one-year
timeline to correct noncompliance in §303.120(a)(2)(iv)
because, according to these commenters, one year is too long and not in the best interests of children and families. Another commenter recommended, instead, that we
revise §303.120(a)(2)(iv) to provide that a lead agency
have three years to demonstrate correction of noncompliance.
One commenter recommended that the Department require
in §303.120(a)(2)(iv) that lead agencies report to the
public the correction of noncompliance in order to ensure