IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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notice before the lead agency takes, or refuses to take,
the actions listed in §303.421(a).
Comment: One commenter recommended adding language to
§303.421(c) to require that the prior written notice and
procedural safeguards notice be provided in braille to individuals who are blind or visually impaired.
Discussion: The commenter’s concerns are addressed in
§303.421(c)(1)(ii), which requires that the notice be
provided in the native language of the parent as the term
native language is defined in §303.25. Section 303.25(b)
requires that for an individual who is blind or visually impaired the term native language means the mode of communication that is normally used by the individual (such as sign language, braille, or oral communication). Therefore, we decline to revise the regulation as requested by the commenter.
Surrogate parents (§303.422)
Comment: A few commenters recommended amending the
language in §303.422, concerning surrogate parents, to
align the language with the parallel provisions in 34 CFR 300.519 of the Part B regulations.
Discussion: Section 303.422, concerning surrogate parents,