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.
having to utilize the due process procedures in subpart E of these regulations to appeal that decision. The
Department’s experience indicates that parents often can
identify or suspect developmental delays in their children
that may not be identified through a screening. For this reason, parents should be able to request and receive an evaluation without the potential delay and expense of a due process hearing. We believe this approach facilitates a comprehensive child find system tasked with identifying all infants and toddlers with disabilities. Additionally, because a child is only eligible for Part C services for a short period of time and providing services earlier rather than later can enhance the development of infants and toddlers with disabilities, time is of the essence with regard to identifying a child as an infant or toddler with a disability. Thus, it is important that parents retain the right to request an evaluation at any time during the screening process.
With regard to the comment that notice of the right to request an evaluation should be provided to the parent
verbally and in writing, in the parent’s native language or
preferred method of communication, parental notice of the right to request an evaluation must meet all of the
requirements in §303.421, including the native language