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.
conveyed to the parent, and the parent disagrees with that determination and requests an evaluation.
One commenter stated that if a parent disagrees with a decision regarding a referral for evaluation, the parent should be entitled to appeal that decision using the due process procedures in subpart E of these regulations, but the lead agency should not be required to evaluate the child.
A few commenters requested that parents be informed verbally and in writing, in their native language or preferred method of communication, of their right to request a full evaluation of their child, including their right to bypass screening and go straight to an evaluation.
Discussion: New §303.320 (proposed §303.303) has been
restructured, and a few provisions have been added, to
address the commenters’ concerns regarding screenings and a
parent’s right to request an evaluation. We have added new
§303.320(a)(1)(i) and (a)(1)(ii), stating that if the lead
agency or EIS provider proposes to screen a child, it must
provide the parent notice under §303.421 of its intent to
screen the child to determine whether the child is suspected of having a disability and obtain parental
consent as required in §303.420(a)(1) before administering
the screening. That notice must explain the parent’s right