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to request an evaluation under new §303.321 (proposed

§303.320) at any time during the screening process.

We also have revised new §303.320(a)(2)(ii) (proposed

§303.303(a)(3)) to specify that when the lead agency

provides notice to a parent under §303.421 that, based on

the screening or other available information, a child is not suspected of having a disability, the notice must

describe the parent’s right to request an evaluation.

Additionally, in new §303.320(a)(3), we have retained

the provision in proposed §303.303(a)(4) to allow parents

to request and consent to an evaluation when the lead agency or EIS provider determines that the child is not suspected of having a disability. We have revised this section to specify that parents may request, and consent to, an evaluation at any time during the screening process. This ensures that an evaluation may still be requested by the parent of a child for whom Part C eligibility is not readily or easily apparent.

With regard to the comment that the notice provided to parents when the child is not suspected of having a disability should include an explanation of the differences between screening and evaluation, it is not necessary to

add that language to new §303.320(a)(2)(ii) (proposed

§303.303(a)(3)) because this section requires that prior