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.
is not required for infants and toddlers with established physical or mental conditions.
Discussion: Screening is intended to be a tool to assist the lead agency and EIS providers determine whether an infant or toddler is suspected of having a disability and is in need of an evaluation. If a child has a diagnosed physical or mental condition, an evaluation or screening may not be needed to determine eligibility. We
specifically provide in new §303.321(a)(3)(i) that a
child’s medical and other records may be used to establish
eligibility (without conducting an evaluation of the child) under this part if those records indicate that the child is
an infant or toddler with a disability in §303.21, which
includes children with diagnosed conditions, developmental
delays, and, at the State’s option, at-risk children. For
children with established diagnosed conditions, screening is not needed because records establish that the child is not only suspected of having a disability, but in fact has a disability.
Comment: A few commenters requested that proposed
§303.303(a)(2) be amended to provide that parents be
offered the option of an evaluation in cases where the
results of their child’s screening indicate that the child