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.
disability must be an individualized decision and that the State must monitor EIS providers to ensure that all natural environment decisions are individualized for each child by
the child’s IFSP Team.
Discussion: Section 303.344(d)(1)(ii), when read together
with §303.126, regarding early intervention services in
natural environments, clarifies that the selection of the early intervention service setting for an infant or toddler with a disability is an individualized decision.
Additionally, §303.700(a)(1), regarding State monitoring
and enforcement, clarifies that the lead agency must monitor the implementation of this part. Early intervention in the natural environment has been the
subject of the Department’s focused monitoring. We do not
believe that any additional emphasis is necessary.
Nevertheless, we recognize that it may not always be practicable or appropriate for an infant or toddler with a disability to receive an early intervention service in the natural environment based either on the nature of the
service or the child’s specific outcomes. For example, the
IFSP Team may determine that an eligible child needs to receive speech services in a clinical setting that serves only children with disabilities in order to meet a specific IFSP outcome. When the natural environment is not chosen