IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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.
Changes: We have added the word “all” to §303.420(a)(2).
Discussion: The Department received a large number of
comments on proposed §303.420(a)(4) as it relates to the
lead agency obtaining parental consent prior to accessing public benefits or insurance. We have addressed those comments in the Analysis of Comments and Changes for subpart F of this part.
Changes: We have revised §303.420(a)(4) to clarify that
the lead agency must ensure that parental consent is obtained before public benefits or insurance or private insurance is used if such consent is required under
Comment: One commenter recommended that §303.420,
regarding parental consent and declining services, be amended to specifically reflect the language in Part C of the Act. The commenter stated that there are inherent differences between Part C and Part B of the Act and that the Part B requirements in 34 CFR 300.300(a)(3)(i) should not be adopted without revision. Specifically, the
commenter pointed out that §303.420(c)(1), which permits a
lead agency to use the due process hearing procedures to
challenge a parent’s refusal to consent to an initial
evaluation and assessments of a child for early