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public agency or EIS provider be held accountable if an eligible child does not achieve the growth projected in the child's IFSP.

(Authority: 20 U.S.C. 1436)

Subpart E--Procedural Safeguards


§303.400 General responsibility of lead agency for

procedural safeguards.

Subject to paragraph (c) of this section, each lead agency must--

(a) Establish or adopt the procedural safeguards that meet the requirements of this subpart, including the

provisions on confidentiality in §§303.401 through 303.417,

parental consent and notice in §§303.420 and 303.421,

surrogate parents in §303.422, and dispute resolution

procedures in §303.430;

(b) Ensure the effective implementation of the

safeguards by each participating agency (including the lead agency and EIS providers) in the statewide system that is involved in the provision of early intervention services under this part; and

(c) Make available to parents an initial copy of the

child’s early intervention record, at no cost to the