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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.

The Department’s position is that a 90-day period from

the identification of noncompliance would not be workable because it is unlikely that all instances of noncompliance could be corrected in that timeframe. For example, if a lead agency identified an EIS provider as noncompliant in making individualized decisions concerning the settings in which infants or toddlers with disabilities receive early intervention services, the lead agency would need to determine the potential causes of the noncompliance and appropriate corrective actions, which might include training service coordinators, reviewing IFSP Team guidelines, or examining other policies, procedures or practices, to ensure that the EIS provider had corrected any noncompliant policies, procedures, or practices, and that the IFSP Teams, subsequent to those corrections, were making EIS setting determinations consistent with Part C requirements. To take corrective action and verify correction in a case such as this would likely require more than 90 days to complete.

Through our monitoring experience, we have observed that, in most cases, when a lead agency makes a good faith effort, the needed corrective actions can be accomplished and their effectiveness verified within one year from identification of the noncompliance. Timely correction of