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.
statement that each early intervention service is provided in the natural environment for that child or service to the
maximum extent appropriate, consistent with §§303.13(a)(8),
303.26 and 303.126, or, subject to §303.344(d)(1)(ii)(B),
and (ii) a justification as to why an early intervention service will not be provided in the natural environment.
Comment: Many commenters requested clarification on when early intervention services may be provided in the natural environment and when it is appropriate to provide a service in a setting that is not considered the natural
environment. A few commenters recommended that §303.126 be
amended to allow parents to unilaterally decide where their infant or toddler with a disability will receive early intervention services. Another commenter recommended that
§303.126 allow other family members to be involved in
determining the natural environments in which early intervention services will be provided. Two commenters recommended clarifying that an infant or toddler with a disability may receive services in a setting that is not the natural environment when the IFSP Team, which includes the parent, agrees that services should not be delivered in the natural environment. One commenter requested that the Department emphasize that selection of the natural environment for a particular infant or toddler with a