IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
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new §303.13(b)(12) (proposed §303.13(b)(12)(iv)), was
confusing because of the use of the word “and” between
“cued language” and “auditory/oral language services.” The
commenter recommended that this phrase be changed to “cued
language or auditory/oral language services” because the
word “and” implied that either all services in the list
must be provided or none of the services can be provided.
Discussion: In reviewing new §303.13(b)(12) (proposed
§303.13(b)(12)(iv)), we determined it was necessary to
clarify and distinguish between services that focus on teaching and interpretation. Thus, we have clarified that sign language and cued language services include teaching sign language, cued language, and auditory/oral language, providing oral transliteration services (such as amplification), and providing sign and cued language interpretation.
Regarding the commenter’s concern about the use of the
term “and”, this use does not mean that all of the services
listed must be identified in the IFSP or provided. The definition of sign language and cued language services in
new §303.12(b)(12) provides that sign language and cued
language services “include” certain services and §303.18,
in turn, defines the term include to mean “that the items
named are not all of the possible items that are covered,