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.
circumstances or repeated attempts by the lead agency or EIS provider to obtain parental consent are documented in
the child’s early intervention records.
Moreover, to ensure that these exceptions do not result in absolute waivers of the 45-day timeline, new
§303.310(c)(2) and (c)(3) require that the lead agency or
EIS provider complete the activities as soon as possible after the basis for the exceptions cease to exist, and develop and implement an interim IFSP to the extent
appropriate and consistent with §303.345.
These two limited exceptions provide States needed flexibility while ensuring that, once parental consent is provided for the screening, if applicable; initial evaluation; and initial assessment of the child; or the exceptional family circumstances no longer exist, the lead agency or EIS provider conduct the screening, if applicable; initial evaluation; initial assessments; and initial IFSP meeting as soon as possible to ensure the timely identification and evaluation of infants and toddlers with disabilities.
Changes: As noted earlier in this preamble, we have added
new §303.310(b) to identify two exceptions to the 45-day
timeline and added §303.310(c) to clarify that the lead
agency must have procedures to ensure that the lead agency