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.
with regard to an early intervention service, the IFSP Team must provide, in the IFSP, an appropriate justification for that decision.
Consistent with section 635(a)(16)(B) of the Act and
under §303.344(d)(ii)(B), the setting for the provision of
early intervention services under Part C of the Act is made by the IFSP Team. It is the responsibility of the IFSP Team (which includes the parent and may include other family members who are invited by the parent under
§303.343) to determine the most appropriate setting where
each early intervention service will be provided for an
infant or toddler with a disability based on the child’s
unique needs and outcomes.
Under §303.343(a), family members may attend an IFSP
meeting if requested by the parent, and if feasible to do
so. Thus, we decline to revise §303.126 to include family
members, as suggested by one of the commenters, because a parent--not the lead agency--determines whether to invite additional family members to IFSP meetings.
Concerning the commenter who suggested that early intervention services could not be provided in a setting other than the natural environment and the commenters who conversely requested that the regulations clarify that early intervention services may be provided in a setting