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.
§303.521(b), concerning mandatory public agency functions
that are not subject to fees that public agencies must perform. The commenter expressed concern that requiring
these functions “to be carried out at public expense by a
State” prohibits local early intervention programs from
using local funds to pay for these functions.
Discussion: The requirement in §303.521(b) does not
prohibit local early intervention programs from using local funds to pay for these functions. For clarity, we have
removed the phrase “by a State.”
Changes: We have removed the phrase “by a State” from
Comment: Several commenters recommended that we require a State to include in its system of payments policies
information on the family’s procedural safeguards.
Discussion: We agree with commenters that States must inform parents about procedural safeguards when the State
determines a parent’s ability to pay or imposes a fee on
parents. We have added in new §303.521(e) the requirement
that States establish written policies as part of their system of payments to inform parents about the availability of procedural safeguards.
We have clarified that the State must inform parents of the availability of existing dispute resolution