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.
We have described in new §303.310(b) two specific
circumstances when the 45-day timeline would not apply.
First, as noted in new §303.310(b)(1), there may be periods
of time when the child or parent is unavailable to complete
the screening, if applicable; the initial evaluation; the
initial assessment of the child; the initial assessment of the family; or the initial IFSP meeting due to exceptional
family circumstances that are documented in the child’s
early intervention records. To clarify that it is only the unavailability of the child or parent (and not other family members) that determines the availability of this
exception, we have added new §303.310(d) to ensure that the
family assessment is completed within the 45-day timeline, if the parent concurs, as long as the parent is available.
The second exception to the 45-day timeline is set
forth in new §303.310(b)(2), which provides that if the
parent has not provided consent for the screening (if the State has adopted a policy to conduct screenings and elects to conduct a screening of that child), initial evaluation, or initial assessment of the child despite documented, repeated attempts by the lead agency or EIS provider to obtain parental consent, then the 45-day timeline would not apply. We have not included the family assessment or the