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.
Discussion: The term evaluation is defined in new
§303.321(a)(2)(i) as procedures used by qualified personnel
to determine a child’s initial and continuing eligibility
under Part C of the Act, consistent with the definition of
infant or toddler with a disability in §303.21. The
definition of qualified personnel in §303.31 requires that
personnel meet State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the individuals are conducting evaluations or assessments or providing early intervention services. We believe that new
§303.321(a)(2)(i), in conjunction with the definition of
qualified personnel in subpart A of these regulations,
adequately address the commenters’ concerns and, therefore,
repeating the definition in this section is not necessary.
Please note, regarding the commenters’ concern about
clinical opinion, for an infant or toddler with a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay (i.e., known disability), clinical opinion may not be necessary to
determine eligibility because, under new §303.321(a)(3)(i)
(proposed §303.320(a)(2)(iii)), the child’s medical or
other records may be sufficient to establish eligibility.