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Section 303.321(a)(5), together with §303.25(a)(2),

recognize that while it sometimes may be appropriate to conduct an evaluation or assessment of an infant or toddler

in the language normally used by the child’s parents, in

other cases it may be determined to be developmentally appropriate to evaluate or assess the child in the language normally used by the child if that language differs from his or her parents. For example, evaluations or assessments of infants are often conducted in the native language of the parent because the parents are present and infants are pre-verbal both in their expressive and receptive language abilities. In contrast, many evaluations and assessments of toddlers (i.e., children who are between the ages of one and three) are conducted in the

toddler’s native language, rather than the native language

of the parent. We believe that ultimately the qualified personnel conducting the evaluation or assessment is in the best position to determine which language is

developmentally appropriate—-that of the child or the

parent.

Changes: We have removed 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). We specify in