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We specify in new §303.321(a)(5) that, unless clearly

not feasible to do so, all evaluations and assessments of a child must be conducted in the native language of the child, in accordance with the definition of native language

in §303.25. We also specify in new §303.321(a)(6) that,

unless clearly not feasible to do so, family assessments must be conducted in the native language of the family members being assessed, in accordance with the definition

of native language in §303.25. The “unless clearly not

feasible to do so” standard acknowledges that there may be

instances when conducting evaluations or assessments in the native language of the child, parent, or family member is not possible because, for example, interpreters for a particular language cannot be located, despite best efforts. If on-site interpreters cannot be located for a particular language despite best efforts, other methods of communication in the native language, such as using telephonic interpreters, should also be explored when an interpreter is needed and appropriate, for the evaluation and assessment.

We do not agree with the commenter that evaluations and assessments of the child should only be conducted in

the parent’s or family’s native language, regardless of

whether the child has or uses a different language.