IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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otherwise indicated” in §303.9.)
Changes: We have changed §303.405(a) to reflect that an
agency must comply with a parent’s request to inspect and
review records in no case more than 10 days after the request has been made.
Comment: One commenter recommended that the “shall
presume” language in §303.405(c) be revised to align with
the analogous Part B requirement in 34 CFR 300.613(c),
which provides that an agency “may presume” that a parent
has the authority to inspect and review his or her child’s
Discussion: We agree with the commenter and have changed
§303.405(c) to be consistent with 34 CFR 300.613(c) in the
Part B regulations.
Changes: The word “shall” has been removed and replaced
with the word “may” in §303.405(c).
Fees for records (§303.409)
Comment: One commenter recommended including in §303.409 a
provision to allow parents to receive a copy of their
child’s records upon request, thereby facilitating the role
of parents as full and equal participants in the IFSP process. Another commenter expressed concern about the
length of time that may lapse between a child’s IFSP
meeting and the time that the parent actually receives a