Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

appropriate. Additionally, the commenter suggested that we

add the phrase “and based on the child’s developmental

needs and chronological age” to §303.13(a)(8) after the

word “appropriate.”

Discussion: Section 303.13(a)(8) references the definition

of natural environment in §303.26, which provides that

natural environments are settings that are natural or

typical for a same-aged infant or toddler without a disability and may include the home, community, or other settings that are typical for an infant or toddler without a disability. Additional natural environment requirements

are in §§303.126 and 303.344(d)(1)(ii) and we have added,

in §303.13(a)(8), a cross-reference to both of these

regulations. Section 303.126 requires that each State’s

system include policies and procedures to ensure that early intervention services are provided in natural environments to the maximum extent appropriate. Section 303.344(d)(1) (ii), regarding IFSP content, requires that the IFSP Team

include on the child’s IFSP a statement that each early

intervention service is provided in the natural environment for that child or service to the maximum extent appropriate

or a justification, based on the child’s outcomes, when an

early intervention service is not provided in the natural environment for that child. In light of these other