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.
available information, a child is not suspected of having a
disability, the notice must describe the parent’s right to
request an evaluation.
We have added to new §303.320(a)(3) (proposed
§303.303(a)(4)) a provision clarifying that parents may
request an evaluation at any time during the screening process.
Comment: A few commenters expressed concern that the amount of time used for screening could increase the time between referral and the initiation of services. The commenters requested that a timeline be imposed so that eligibility determinations would not be delayed. Some commenters requested clarifying that the 45-day timeline in
new §303.310 (proposed §303.320(e)) starts prior to the
screening, not after. Additional commenters expressed concern that while comprehensive statewide screening efforts could enhance the early identification of eligible children, the regulations do not adequately emphasize that screening efforts should not be used to deny or delay an eligibility determination from the lead agency.
Discussion: The timeline outlined in new §303.310(a)
(proposed §303.320(e)) requires that any screening under
§303.320, if applicable, be completed within 45 days from
the date the lead agency or EIS provider receives the