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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).