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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.

referral of the child. Because screening by the lead agency is optional and is included in the 45-day timeline, the use of screening is not expected to cause a delay in

determining a child’s eligibility for services under Part C

of the Act, but rather to assist the lead agency and parent in determining whether a child is suspected of having a

disability. With regard to the commenters’ concern that

the regulations in this part do not adequately emphasize that screening efforts should not be used to deny an eligibility determination, a parent has the right, under

new §303.320(a)(3) (proposed §303.303), to request and

receive an evaluation at any time during the screening process and must be notified of this right, under new

§303.320(a)(1)(i), at the beginning of the screening

process. Therefore, the regulations protect parents with regard to eligibility determinations and sufficiently

address the commenters’ concern.

Changes: As previously discussed in response to comments

on new §303.310 (proposed §303.320(e)), we have added a

reference to screening as an activity that is subject to

the 45-day timeline in §303.310 (proposed §303.320(e)).

Comment: A few commenters expressed concern that, under

new §303.320 (proposed §303.303), lead agencies may use the

results of screening procedures to determine eligibility