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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.

Discussion: Our use of the phrase “provided

satisfactorily” in proposed §303.126(b) was not intended to

be a substantive change from section 635(a)(16) of the Act or current practice. We agree that the language in this section should incorporate the language in section 635(a) (16) of the Act.

Changes: We have replaced the word “provided” in

§303.126(b) with the word “achieved.”

Comment: Several commenters requested that §303.126(b) be

reworded to clarify that parents are members of the IFSP Team.

Discussion: It is certainly true that, under section

636(a)(3) of the Act and §303.343(a)(1)(i) of these

regulations, parents are required members of a child’s IFSP

Team. However, we decline to make the requested change

because §303.126(b), which is taken directly from section

635(a)(16)(b) of the Act, underscores the important role parents have in deciding, together with the rest of the members of the IFSP Team, whether early intervention services will be provided in settings other than the

child’s natural environment. Given that other provisions

in the regulations and the Act make clear that the child’s

parents are required members of a child’s IFSP Team, we do

not believe it is necessary to revise §303.126(b) as