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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.

competence mentioned in §303.227(b).

Discussion: Early intervention services, as defined in

§303.13, must be designed to meet the needs of an infant or

toddler with a disability, and as requested by the family, the needs of the family to assist appropriately in the

infant’s or toddler’s development. Thus, all families of

an infant or toddler with a disability must be provided with access to culturally competent services when those services are necessary to meet the needs of their child. Section 303.227(b) does not limit this requirement in any way; it simply focuses on the access of traditionally underserved groups to culturally competent services,

consistent with the provisions in current §303.128 and

section 637(b)(7) of the Act, which require a State to provide, in its application, policies and procedures that ensure meaningful involvement of underserved groups in the planning and implementation of all the requirements of this

part. Thus, the Department’s position is that the

regulations in this part adequately address the commenter’s

concern about families’ access to culturally competent


We do not define the term cultural competence in these

regulations because it is the Department’s position that

States are in the best position to determine the parameters