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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.

Comment: One commenter stated that requiring parental

consent in §303.420 to administer screening procedures in

§303.320 may dissuade some parents from allowing a

developmental screening to be conducted.

Discussion: It is important for parents to be able to determine whether their child should receive a

developmental screening. We have added in §303.420(a)(1),

regarding parental consent for screening, a reference to

the screening provisions in §303.320.

Changes: We added, in §303.420(a)(1), a reference to


Comment: A few commenters requested that the word

“initial” in current §303.404 be reinserted into

§303.420(a)(2) before the words “evaluation and


Discussion: Consistent with section 639(a)(3) of the Act and the current policies and practice in the vast majority

of States, the Department’s position is that parental

consent is required for all evaluations, including an initial evaluation and assessment of a child and all subsequent evaluations and assessments of a child. To clarify this point, we have amended the regulations to

indicate that the consent provisions in §303.420(a)(2)

apply to all evaluations and assessments of a child.