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.
specific SPP/APR indicator because the Secretary must retain flexibility to revise indicators as necessary.
Comment: One commenter objected to the language in
§303.700(e) that requires a State, when it identifies
noncompliance with the requirements of Part C of the Act by EIS programs and EIS providers, to ensure that the noncompliance is corrected as soon as possible and in no
case later than one year after the State’s identification
of the noncompliance. The commenter suggested that a one- year timeline for correction is unreasonable. In contrast,
a few commenters recommended that §303.700(e) be revised to
require that all identified noncompliance be corrected as
soon as possible, but no later than 90 days after identification.
Discussion: Correcting noncompliance as soon as possible is a critical responsibility of lead agencies and EIS providers, and, as discussed in the preamble of subpart B
of these regulations, the Department’s position is that
correction as soon as possible but no later than one year is a reasonable timeframe for an EIS provider to correct noncompliant policies, procedures, or practices and for the lead agency to verify that the EIS program or EIS provider is complying with the requirements of Part C of the Act.