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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