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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.

regulations. These changes are further discussed in the Analysis of Comments and Changes section addressing

comments received on proposed §303.320(d).

Changes: We have reorganized and revised new §303.321(a)

(proposed §303.320(a), (b), and (c)) to set out clear

definitions of the terms evaluation and assessment.

Comment: One commenter requested that the final

regulations clarify that the assessment in new §303.321(a)

(1)(ii) (proposed §303.320(a)(1)(ii)) is a “developmental”

assessment of the child.

Discussion: The assessment of the child includes the

identification of the child’s needs in each of the

developmental areas in §303.21(a)(1), the definition of an

infant or toddler with a disability; however, the assessment also includes identifying the unique strengths and needs of the child and the early intervention services appropriate to meet those needs; reviewing the results of an evaluation; and conducting personal observations of the

child. Therefore, it is the Department’s position that

limiting the assessment of the child to a developmental assessment is not appropriate.

Changes: None.

Comment: Some commenters expressed concern about the

language in new §303.321(a)(1)(ii) (proposed §303.320(a)(1)