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.
The commenter also recommended adding language to
§303.211(b)(5) to require lead agencies to obtain
verification from parents that they fully understand the benefits of both the program implemented under Part B of the Act and the program implemented under Part C of Act before allowing the parents to decide whether to place their child in a Part B or Part C program at age three
pursuant to §303.211.
Discussion: Section 303.211(b)(5) requires States to ensure that informed consent is obtained from the parent of
any child to be served under §303.211. The phrase “where
practicable” was not intended to mean that parental consent
was optional. To be clear, the lead agency must obtain
informed consent for all children served under §303.211.
The “where practicable” language was intended to modify the
requirement that lead agencies obtain consent before-- rather than after--the child turns three years of age. We
included the “where practicable” language because we
recognize that it may not always be possible or practicable
for lead agencies to obtain consent before the child’s
third birthday, for example, when a child is ill or there
is a family emergency. We have revised §303.211(b)(5) to
clarify our intended meaning for this provision.
Requiring in §303.211(b)(5) that lead agencies verify