Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

regarding the provision of early intervention services in

the natural environment, include the phrase “necessary to

meet the unique needs of the infant or toddler with a

disability and the family” when referring to early

intervention services.

Discussion: Section 303.126 cross-references §303.344(d)

(1), which requires the child’s IFSP to include a statement

of the specific early intervention services that are necessary to meet the unique needs of the child and the family to achieve the measurable results or outcomes identified in the IFSP. Section 303.344(d)(1) requires that early intervention services be individualized

according to the child’s needs. Therefore, it is not

necessary to repeat this requirement in §303.126 in

connection with a statewide system that includes policies and procedures to ensure that early intervention service settings, to the maximum extent appropriate, are provided in natural environments.

Changes: None.

Comment: Many commenters stated that the language in

§303.126(b) should incorporate the language in section

635(a)(16) of the Act and requested that the phrase

“provided satisfactorily” be replaced with the statutory

phrase “achieved satisfactorily.”