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.
in significant delays in getting infants and toddlers with disabilities the early intervention services they need.
These commenters argued that proposed §303.320(e)(ii),
which stated that lead agencies must obtain parental consent as soon as possible once a child is referred to a lead agency, would be an inadequate protection if adopted because it would allow an undetermined and unregulated
period of time between the child’s referral and parental
consent, and could delay the completion of initial evaluations, initial assessments, and initial IFSP meetings. These commenters expressed concern that proposed
§303.320(e) would result in less accountability for lead
agencies because, under that provision, the lead agencies could control--to a large extent--when they obtained parental consent for evaluation and thus when the 45-day timeline would commence.
These commenters further argued that the Department
should not adopt the timeline in proposed §303.320(e) and
that it should instead retain the timeline reflected in
current §303.322(e), which requires the public agency to
complete the evaluation and assessment activities and hold an IFSP meeting within 45 days from the date the public
agency receives the child’s referral. For these
commenters, beginning the 45-day timeline from the date the