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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