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.
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