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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.

written notice pursuant to §303.421 be provided to a parent

when a child is not suspected of having a disability, and

§303.421(b) mandates that prior written notice be in

sufficient detail to inform the parents about the action that is being proposed or refused. Therefore, we expect that the procedures involved in screening and evaluation will be explained to the parents through the prior written notice.

It is the Department’s position that presenting a

parent with a written decision that the child is not suspected of having a disability and the reasons for the decision in a manner that meets the prior written notice

requirements in §303.421(b) would ensure that parents are

fully informed of their rights. We believe fully informing parents of their rights is a critical aspect of enhancing the capacity of families to meet the special needs of their infants and toddlers with disabilities, pursuant to section 631 of the Act and, thus, we have required lead agencies to ensure that parents are provided with prior written notice of any determination that their child is not suspected of having a disability.

A parent has the right to request an evaluation if the screening or other available information indicates that the child is not suspected of having a disability, instead of