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.
difficult or impossible for the lead agency or EIS provider
to meet the 45-day timeline in new §303.310 (proposed
§303.320(e)). However, we do not believe an absolute
waiver of the timeline is appropriate. Instead, to provide flexibility and ensure accountability, we have adopted, in
new §303.310(b), two limited exceptions to the 45-day
timeline, one of which directly addresses the commenters’
concern about exceptional family circumstances.
Specifically, new §303.310(b) states that the 45-day
timeline does not apply when: (1) the child or parent is unavailable to complete the screening, if applicable; the initial evaluation; the initial assessments of the child
and family; or the initial IFSP meeting due to exceptional
family circumstances that are documented in the child’s
early intervention records; or (2) 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.
To ensure that these exceptions are used
appropriately, new §303.310(c) requires the lead agency to
develop procedures to ensure that exceptional family