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.
to grandparents, other family members, and others who take
on roles, responsibilities, or functions traditionally taken on by family members.
Discussion: New §303.321(c)(2) (proposed §303.320(c)) is
based on section 636(a)(2) of the Act, which requires a family-directed assessment of the resources, priorities, and concerns of the family. Including a reference to siblings or other individuals who take on the roles, responsibilities, or functions traditionally performed by
family members is not necessary. The term “family” is not
exclusive and, therefore, this term, as it is used in new
§303.321(c)(2) (proposed §303.320(c)), would cover any of
the individuals mentioned by the commenters, such as siblings. Not defining this term will allow individual families to define the term in a manner that best meets the unique needs of the child involved.
Determination that a child is not eligible (new §303.322)
Discussion: New §303.320(a)(2)(ii) (proposed §303.303(a)
(3)) outlines the process a lead agency must follow if, through screening, the lead agency determines that a child is not suspected of having a disability under this part. The proposed regulations did not specify the procedures a