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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.

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