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.
(ii)(A) (proposed §303.301(c)(1)(ii)(A)) and new
§303.303(c)(11) (proposed §303.302(c)(11)).
Changes: We have removed the parenthetical “(for States
electing to make available services under this part to children with disabilities after the age of three in accordance with section 635(c)(2)(G) of the Act and
§303.211)” from §303.302(c)(1)(ii)(A) (proposed §303.301(c)
(1)(ii)(A)) and new §303.303(c)(11) (proposed §303.302(c)
Comment: One commenter requested that the Department
clarify in §303.211(b)(7), or elsewhere in §303.211, the
parental consent requirements for children receiving
services under §303.211. Specifically, the commenter
questioned whether the definition of parent in §303.27 and
general consent for evaluation requirements in §303.420(a)
(2) apply to this section. The commenter also expressed concern that parental consent may be difficult to obtain
for the children referenced in §303.211(b)(7), especially
for children who are under the jurisdiction of a child protective services agency.
Discussion: If a State elects to offer services under
§303.211, the lead agency must obtain parental consent as
required under §303.211(b)(5) before making those services
available. The Department’s position is that §303.211(b)