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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.

Discussion: For consistency with §303.414 and internal

consistency within §303.420, we refer to the

confidentiality exceptions in §303.414 instead of referring

to the exchange of personally identifiable information in


Changes: We have revised §303.420(a)(5) to read

“Disclosure of personally identifiable information

consistent with §303.414.”

Prior written notice and procedural safeguards notice


Comment: A few commenters objected to the phrase

“reasonable time” in §303.421, which requires that prior

written notice be given to parents a reasonable time before the lead agency under Part C of the Act or an EIS provider proposes, or refuses, to take certain actions concerning

their child. One commenter requested that “reasonable

time” be replaced with a specific timeframe, for example,

five days.

Discussion: Quantifying the phrase “reasonable time” in

§303.421(a) would be inappropriate because what constitutes

a reasonable time may vary based on the individual circumstances of each case. However, we would expect a

lead agency to provide notice under §303.421 within a

timeframe that allows the parent time to respond to the