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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.

policies and procedures, including document retention and destruction procedures, when a child is referred under Part C of the Act ensures that parents are aware of the nature and scope of their rights under these policies and procedures. States may choose to provide this general notice at additional appropriate times, such as annual IFSP meetings, but we have not required that it be provided at each such meeting because of the burden this would place on the State and because the prior written notice requirements

in §303.421 already require a summary of each of the

procedural safeguards.

Additionally, the content of the notice should include a description of the extent that the notice is available in the native languages of the various population groups in a

State. We have added language to §303.404 that reflects

that requirement, which is also in 34 CFR 300.612 of the Part B regulations. The prior written notice and

procedural safeguards notice requirements in §303.421(c)(1)

(ii) require that the child-specific notice be in the

parent’s native language or other mode of communication

used by the parent, unless it is clearly not feasible to do so, and that the notice include a description of the procedural safeguards, including confidentiality requirements under subpart C of this part.