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WVBTT may not use the due process hearing procedures under
                                 Part C or Part B of the IDEA to challenge your refusal to provide
                                 any consent   required.  In addition, as the parent of a child eligible
                                 under the WVBTT, you may determine whether you, your child or
                                 other family members will accept or decline any early intervention
                                 services under this system at any  time in accordance  with West
                                 Virginia            law             and              federal
                                 regulations.

                                 Participation in the Part C early intervention system for infants and
                                 toddlers is voluntary for you and your family. You may:
                                    •   Accept all services agreed to on the IFSP;
                                    •   Decline all services agreed to on the IFSP;
                                    •   Accept one or some of the services agreed to on the IFSP
                                        and decline other service(s); or
                                    •   Decline a service after first accepting it without jeopardiz-
                                        ing other early intervention services under WVBTT.

                                 Native Language
                                 Native language, when used with respect to an individual who is
                                 limited English proficient or LEP (as that term is defined in section
                                 602(18) of the Act), means:
                                    •   The  language  normally  used  by  that  individual  or,  in  the
                                        case of a child, the language normally used by the parents
                                        of the child except as provided below; and
                                    •   For evaluations and assessments conducted pursuant to
                                        §303.321(a)(5) and (a)(6), the language normally used by
                                        the  child,  if  determined  developmentally  appropriate  for
                                        the child by qualified personnel conducting the evaluation
                                        or
                                        assessment.

                                 Native language, when used with respect to an individual who is
                                 deaf or hard of hearing, blind or visually impaired, or for an individ-
                                 ual with no written language, means the mode of communication
                                 that  is  normally  used  by  the  individual  (such  as  sign  language,
                                 Braille,                      or                       oral
                                 communica-                                      tion).


























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