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.
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