IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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referral sources in the State, and the uses to be made of the information would include the identification, evaluation, and provision of early intervention services to
infants and toddlers with disabilities. Thus, §303.404(a)
sufficiently relates to the personally identifiable information maintained, collected, and used under Part C of the Act.
Access rights (§303.405)
Comment: Commenters from several lead agencies recommended
requiring lead agencies to respond to parents’ requests to
inspect and review their child’s early intervention records
within 10 calendar days of the request, instead of 20 days, because it is important for parents to have these records available in the event there is a pending due process hearing (that must be resolved within a 30-day timeline as
required in §303.430(d)(1)).
Discussion: We agree that a 10-day deadline would be more appropriate to ensure access to early intervention records when parents have filed a request for a due process hearing. We have changed the timeline for agency
compliance with a parent’s request to inspect and review
records to 10 calendar days after the parent makes the
request. (The term day is defined as “calendar day unless