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 suspected of having a disability as opposed to requiring the lead agency to evaluate the child.
Discussion: We understand the commenters’ concerns and
did not intend this provision to require evaluations in all cases where the results of a screening indicate that a child may have a disability. To clarify our intent, we
have added language to new §303.320(a)(2) (proposed
§303.303(a)(2)) stating that if a parent consents to
screening and the screening or other available information indicates that the child is suspected of having a
disability, after notice is provided under §303.421 and
once parental consent is obtained as required in §303.420,
an evaluation and assessment of the child must be conducted
under new §303.321 (proposed §303.320).
Changes: New §303.320(a)(2) (proposed §303.303(a)(2)) has
been restructured to clarify that, after screening, notice
under §303.421 and parental consent are required before an
infant or toddler can be evaluated.
Comment: A few commenters recommended adding language to
new §303.320(a)(2)(ii) (proposed §303.303(a)(3)) to require
notification by the lead agency to the caregivers of infants and toddlers and the agencies assigned to care for them when the lead agency knows that the infant or toddler is in foster care or is a ward of the State. The