Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

proposed §303.320(a)(1)(iv) may be inconsistent with

section 636(a) and (d)(4) of the Act with regard to when service needs are identified. These commenters were concerned that determining service needs prior to the IFSP meeting could preempt important decisions that need to be made as part of the IFSP process. One commenter

recommended that the language in current §303.322(c)(3)

(iii), which requires the “assessment of the unique needs

of the child… including the identification of services

appropriate to meet those needs” be retained instead.

Several commenters recommended that we replace the term

“service needs” in proposed §303.320(a)(1)(iv) with the

phrase “unique needs in each of the developmental areas,”

which is used in current §303.322(c)(3)(iii). Other

commenters did not support the assessment of service needs as part of the evaluation process, because this assessment typically is part of the IFSP process, completed after the IFSP Team has determined child and family outcomes.

Discussion: Based on commenters’ requests for

clarification regarding what must be included in an

assessment, we have revised new §303.321(a)(2)(ii) and (c)

(1) (proposed §303.320(b), (c), and (d)) to provide that an

assessment means the ongoing procedures used by qualified

personnel to identify the child’s unique strengths and