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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.

response to comments received on new §303.321(a), the

individuals responsible for conducting evaluations and

assessments under new §303.321(a)(2)(i) and (a)(2)(ii)

(proposed §303.320(a)(3)) must be qualified personnel.

Qualified personnel, under §303.31, are individuals who

meet State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the developmental area in which the individuals are conducting an evaluation or assessments or providing early intervention services. Given the

definition of qualified personnel in §303.31, it is

unnecessary to amend §303.343(a)(1)(v) as requested by the


Changes: None.

Comment: Some commenters expressed concern that the required participants for the periodic review of the IFSP

in §303.343(b) do not include the individuals (such as the

individuals who conducted the evaluations and assessments, unless conditions warrant) who are required to participate

in the initial and annual IFSP review under §303.343(a).

Specifically, the commenters stated that the regulations

limit the ability of parents under §303.343(a)(1)(i) and

(ii) to include participants of their choosing in the periodic review of the IFSP.