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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.

(1) (proposed §303.303(b)(1)).

Changes: We have removed the words “public agency, early

intervention service provider, or designated primary

source” from new §303.320(b)(1) (proposed §303.303(b)(1))

and replaced them with the words “lead agency or EIS


Comment: A commenter recommended strengthening the

language under new §303.320(b)(2) (proposed §303.303(b)(2))

to clarify the meaning of “appropriate instruments.” The

commenter recommended that the screening instruments administered must have established validity and reliability to use with children under the age of three. A few

commenters requested that new §303.320(b) (proposed

§303.303(b)) require screening instruments to be peer-

reviewed and research-based. One commenter recommended including reliable and valid parent-report instruments as

examples of screening instruments in new §303.320(b)(2)

(proposed §303.303(b)(2)).

Discussion: New §303.320(b)(2) (proposed §303.303(b)(2))

requires the administration of appropriate instruments by personnel trained to administer those instruments. Given that screening instruments vary by State--and often even within a State--and the selection of screening instruments

is based on a variety of factors, it is the Department’s