IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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commenter stated that the phrase “as appropriate” weakens
the requirement. Another commenter requested that the
regulations restore the phrase “unless it is clearly not
feasible to do so” from current §303.323(a) and, further,
that these regulations use the phrase consistently when referencing native language. Two commenters requested that
we add “or other mode of communication” after “native
language” in proposed §303.320(a)(3) to ensure that the
native language requirement is not narrowly interpreted to exclude sign language.
One commenter requested that, because of the family- centered nature of the Part C program, the assessment
should be conducted in the family’s native language,
regardless of whether the child has or uses a different native language.
Discussion: For clarity and in response to the comments
about removing the phrase “as appropriate” and adding the
phrases “unless clearly not feasible to do so” and “other
mode of communication” to proposed §303.320(a)(3),
regarding conducting evaluations and assessments of the
child, we have deleted the phrase “in the child’s or
family’s native language (as appropriate)” from new
§303.321(a)(4) (proposed §303.320(a)(3)), and added new
provisions in §§303.321(a)(5) and (a)(6).