IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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other than the natural environment, sections 635(a)(16)(B) and 636(d)(5) of the Act recognize that there may be situations in which an early intervention service cannot be provided in the natural environment. Section 303.344(d)(1) (ii), consistent with section 636(d)(5) of the Act, requires that the IFSP include a justification of the extent, if any, that an early intervention service will not be provided in the natural environment. In these
instances, the IFSP Team (which includes the child’s
parents and other family members, at the parent’s request)
must identify whether the service can be provided in the natural environment and if it cannot, then the IFSP Team must document in the IFSP the justification for why that service is not provided in the natural environment (i.e., why the alternative service setting is needed for the child to meet the developmental outcomes identified for the child in his or her IFSP).
Comment: One commenter requested that the word
“functional” be included to define outcomes as used in
Discussion: We address this comment in the Analysis of
Comments and Changes section on §303.344(c).