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.
lead agency must follow if it determines, through an evaluation, that a child is not a child with a disability.
We have added a new §303.322 to clarify the procedures a
lead agency must follow if, after an evaluation is
conducted under new §303.321 (proposed §303.320), it
determines that a child is not eligible for services under this part. Specifically, a lead agency must provide the
parent with prior written notice required by §303.421, and
include in the notice information about the parent’s right
to dispute the eligibility determination through dispute resolution mechanisms, such as requesting a due process hearing or mediation or filing a State complaint.
Changes: New §303.322 has been added to identify the
procedures the lead agency must follow if, after conducting an evaluation, it determines that a child is not eligible for services under this part.
Individualized family service plans--general (§303.340)
Comment: Many commenters expressed concern about the
definition of multidisciplinary in proposed §303.24 because
they believed this definition, used in the context of multidisciplinary IFSP Teams, could result in an IFSP Team being comprised of only one member other than the parent. These commenters argued that such a result is neither consistent with best practices nor the requirements in