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.
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.
Comment: Some commenters expressed concern about the
language in new §303.321(a)(1)(ii) (proposed §303.320(a)(1)