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We decline to add the adjective “functional” every

time the word “outcomes” is used in these regulations

because not all outcomes are functional; for example, for

children receiving services under §303.211, outcomes may be


Changes: We have added the term “expected” before the

words “results, outcomes, or early intervention services

are necessary” in §303.344(c)(2).

Early intervention services (§303.344(d))

Comment: Some commenters requested that the term “peer-

reviewed research” in §303.344(d)(1) be defined or removed.

Most of the commenters recommended that we use a definition

that is consistent with the National Research Council’s use

of the term. Two commenters were concerned about a

potential conflict between the use of the term “peer-

reviewed research” in this section and the use of

“scientifically based research” in §303.112, regarding the

availability of early intervention services. Another

commenter stated that the term “peer-reviewed” is not used

in the Act, and argued that because the term

“scientifically based research” is used in the Act it

should be used in this section, rather than the term “peer-


Discussion: In the Analysis of Comments and Changes