IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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circumstances described in new §303.310(b)(1) and (b)(2),
we have added new §303.310(c)(3) to clarify that the lead
agency must have procedures to ensure that the lead agency or EIS provider develop and implement an interim IFSP to
the extent appropriate and consistent with §303.345 in the
event of the circumstances described in §303.310(b).
With regard to the comments recommending that we
lengthen or remove the 45-day timeline in new §303.310(a)
(proposed §303.320(e)), we decline to do so because
lengthening or removing the timeline would not create the same level of accountability for ensuring timely evaluations and assessments and IFSP development for infants and toddlers with disabilities. Given the rapid developmental changes in this age group of children, it is essential that lead agencies and EIS providers evaluate, assess, and provide early intervention services to those in need as soon as possible. We also decline to shorten the 45-day timeline, as requested by some commenters, because we are not convinced that a shortened timeline would be feasible for lead agencies and EIS providers to carry out their obligations under subpart D of these regulations.
Finally, regarding the request to incorporate in these regulations a timeline within which a lead agency or EIS
provider must obtain parental consent following a child’s