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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.

that are not provided in the natural environment and may prompt lead agencies and EIS programs to provide services in settings other than the natural environment even though that setting may not necessarily be appropriate.

Discussion: Pursuant to section 636(d)(5) of the Act, justification is required when the IFSP Team (not the lead agency or EIS program) determines that early intervention services will be provided in a setting other than the

natural environment. We did not intend for the phrase “if

applicable” to modify this requirement. Thus, we have

removed the phrase “if applicable” to alleviate potential

confusion.

Additionally, we have revised §303.344(d)(1)(ii)(A) to

require that the IFSP include a statement that each early intervention service is provided in the natural environment to the maximum extent appropriate or, a justification as to why an early intervention service will not be provided in the natural environment. We believe that these changes make clear that a justification is always required when early intervention services are not provided in the natural environment for the child or service.

Changes: We have removed the phrase “if applicable” from

§303.344(d)(1)(ii)(A). Additionally, we have revised

§303.344(d)(1)(ii)(A) to require the IFSP to include (i) a