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.
in proposed §303.303. Some commenters opposed including
screening in these regulations stating that they were concerned that children for whom Part C eligibility is not readily or easily apparent may be denied an evaluation and services if screening is conducted.
Other commenters recommended that proposed §303.303(a)
(3) be amended to require that if the lead agency determines, based on screening and other available information, that the child is not suspected of having a disability, the lead agency must ensure that notice is
provided to the parent under §303.421, including notice of
the right to request and receive an evaluation at any time. Additionally, the commenters requested that this notice include a description of the difference between a
“screening,” conducted pursuant to proposed §303.303, and
an “evaluation,” as required in proposed §303.320.
Other commenters suggested that if the lead agency decides the child is not suspected of having a disability, the lead agency should be required to present this decision and the reasons for the decision to a parent in writing, but should not be required to provide this information
through prior written notice under §303.421. These
commenters further recommended that the lead agency be required to offer an evaluation only after that decision is