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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