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.
to §§303.113, 303.321, and 303.340 regarding
multidisciplinary evaluations, assessments, and the IFSP Team.
Native language (§303.25)
Comment: We received a number of comments on proposed
§303.25(a)(2). Most commenters opposed the proposed
requirement that the native language be used in all direct contact with the child. The commenters stated that such a requirement would be nearly impossible to implement in States where many different languages are spoken and would impose undue fiscal and personnel burdens on States where implementation is feasible.
Additionally, these commenters indicated that the proposed requirement would be inconsistent with section 602(20) of the Act, regarding the definition of native language, and section 607 of the Act, regarding requirements for prescribing regulations. One commenter
expressed concern that proposed §303.25(a)(2) would
prohibit the delivery of services in English in situations where the child is in either a multilingual living or learning environment, even if the parent wanted the services delivered in English, or would prohibit the parent from serving as a translator for the EIS provider.
Several other commenters requested clarification