The Individuals with Disabilities Education Act
IDEA
The Law, Your Child, And You
Table of Contents
Individuals with Disabilities Education Act (IDEA) - 3
National Association of Private Special Education Centers (NAPSEC) - 3
What is a NAPSEC Program? - 3
IDEA - 5
Eligibility - 5
Evaluations and Reevaluations - 7
Initial Evaluation - 7
Reevaluation - 9
Individual Education Program (IEP) - 9
Private School Placements by Public Agencies - 12
Placement Of Children By Parents If FAPE Is At Issue - 14
Procedural Safeguards - 16
Content of Procedural Safeguards Notice - 17
Mediation - 18
Impartial Due Process Hearing - 19
Hearing Rights - 19
Attorney's Fees - 20
Maintenance of Current Education Placement - 21
Discipline Procedures - 21
Section 619 Preschool Grants - 23
Part C: Infant and Toddlers with Disabilities - 23
Individualized Family Service Plan - 25
Procedural Safeguards - 27
Definitions
IDEA - Individuals with Disabilities Education Act
Secretary - United States Secretary of Education
SEA - State Education Agency
LEA - Local Education Agency
Public Agency - the agency that is responsible for educating your child
IEP - Individual Education Program
IFSP - Individual Family Service Plan
Part B of IDEA - provisions of the law providing services
for students ages 6-21
Part C of IDEA - provisions of the law providing services
for children ages 0-3
Preschool Grants - provision of the law providing services
for children ages 3-5
--------------------------------------------------------------------------------
Individuals with Disabilities Education Act (IDEA)
In 1997 the IDEA, the Federal law that mandates education and related services for children with disabilities ages 6 through 21, was reauthorized by the United States Congress. IDEA (Public Law 105-17) and the regulations that were developed by the United States Department of Education provide the guidance to school districts across the nation regarding the education and related services that must be provided to children and youth with disabilities. After telling you a little bit about NAPSEC and its members, an overview of the law and the rights that exist under IDEA will be given.
Throughout the booklet the exact language of the law is used. If, after reading this booklet, you have additional questions regarding the IDEA, please feel free to contact NAPSEC at 202-408-3338, and the NAPSEC staff will be happy to assist you.
National Association of Private Special Education Centers
NAPSEC is a non-profit organization, established in 1971, whose mission is to represent private special education programs and affiliated state associations and to ensure access for individuals to appropriate private special education programs and services as vital components of the special education continuum. The association consists solely of private early intervention services, schools, residential therapeutic centers, and adult living programs that serve both privately and publicly placed individuals with disabilites.
What is a NAPSEC Program?
The National Association of Private Special Education Centers (NAPSEC) is a non-profit association whose mission is to represent private special education and affiliated state associations and to ensure access for individuals to appropriate private special education programs and services as vital components of the special education continuum.
NAPSEC represents over 300 programs nationally, and over 600 at the state level, that provide special education for both privately and publicly placed individuals. The majority of the membership serves publicly placed individuals who are funded through the Individuals with Disabilities Education Act (IDEA). Ten percent of the membership provide services to privately placed individuals only and receive no federal funding.
NAPSEC programs provide special education services for preschool, elementary, and secondary aged children and adults with mild to severe disabilities in over 60 different disability categories, who need individualized education programs that address their unique needs.
NAPSEC programs are located throughout the nation, serve all types of disabilities, are not-for-profit, as well as for-profit entities, are separate schools or affiliated with a children's home, hospital, college, or university setting. NAPSEC programs provide day, residential, clinic, and summer programs. Although the majority of NAPSEC programs serve individuals ages 6 through 21, many provide services from birth to geriatric populations. These members offer programs serving birth through five year olds and/or adult living programs.
NAPSEC programs provide specialized educational services that include: psychology; psychiatry; physical, occupational, and speech therapy; diagnostic testing; adaptive physical education and recreation; nursing services, and social work. These services are based on individual needs that are designed to meet his/her unique social, emotional, and learning needs.
The majority of NAPSEC members have coed programs lasting 10 months. The staff to client ratio in a NAPSEC program ranges from one staff per client, to one staff per twelve clients. These ratios represent both ends of the spectrum, with the one-to-one ratio representing the staffing for an individual with severe disabilities and the one-to-twelve representing the ratio for individuals who have mild disabilities or who participate in gifted and talented programs.
Although NAPSEC programs are very diverse in the disabilities they serve and the services they provide, they all operate on this fundamental belief: to guarantee that each client’s unique needs are met on an individual basis in order to achieve his/her maximum potential. Each NAPSEC program’s goal is to provide a safe learning environment in which individuals receive the skills necessary to return to the regular classroom and/or function successfully in society.
IDEA
The IDEA requires that a "free appropriate public education (FAPE)" be available to children and youth with disabilities. Education must be provided at no cost to parents in accordance with the child's Individual Education Program (IEP).
IDEA requires each State to provide:
Full Educational Opportunity Goal - The State must have on record with the Secretary of Education detailed policies and procedures through which the State has established a goal of providing full educational opportunity to all children with disabilities, from birth through 21 years of age.
Child Find - The State must have in effect policies and procedures to ensure that all children with disabilities residing in the State, including children with disabilities attending private schools, regardless of the severity of their disability, who are in need of special education and related services, are identified, located, and evaluated.
Least Restrictive Environment (most appropriate environment/placement) - The State shall demonstrate to the satisfaction of the Secretary of Education that the State has in effect policies and procedures to ensure that each public agency, to the maximum extent appropriate, educate children with disabilities, including children in public or private institutions or other care facilities, with children who are nondisabled.
Special classes, separate schooling, or other removal of children with disabilities from the regular education environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
Continuum of Alternative Placements - Each public agency shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. The continuum must include alternative placements - instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions. Supplementary services, such as resource room or itinerant instruction, provided in conjunction with regular class placement must also be available to children with disabilities. These educational options are available to support public schools in their efforts to serve children with disabilities appropriately under the law.
Eligibility
Before a child becomes eligible for special education he/she must have an initial evaluation to determine if indeed the child has a disability. Schools must have the consent of the parents in order to perform an evaluation. The evaluation will determine the type of disability the child has and the present levels of educational performance. A team of qualified professionals and the parent of the child will perform the evaluation.
In general, the term "child with a disability" means a child with mental retardation, hearing impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, and who, by reason thereof, needs special education and related services.
Once a child is determined to be eligible for special education and related services, a reevaluation will be conducted every three years. The law states a reevaluation will be conducted "if conditions warrant a reevaluation or if the child's parent or teacher requests a reevaluation, but at least once every 3 years." The law also requires that once a child is determined eligible for special education services must continue to be provided even if the child is suspended or expelled.
Evaluations and Reevaluations
Initial Evaluation
The State educational agency (SEA), or other State agency, or local educational agency (LEA) shall conduct a full and individual initial evaluation before initial special education and related services can be provided to a child with a disability. Parental consent shall be obtained before the evaluation is conducted.
Parental consent for an evaluation shall not be construed as consent for placement for receipt of special education and related services.
If the parents refuse consent for an evaluation, the agency may continue to pursue an evaluation by utilizing the mediation and due process procedures of IDEA. Each public agency shall ensure that tests and other evaluation materials used to assess a child at a minimum:
are selected and administered so as not to be discriminatory on a racial or cultural basis;
are provided and administered in the child's native language or other mode of communication, unless it is clearly not feasible to do so;
The materials and procedures used to assess a child with limited English proficiency are to be selected and administered to ensure that they measure the extent to which the child has a disability and needs special education, rather than measuring the child's English skills.
A variety of assessment tools and strategies are used to gather relevant functional and developmental information about the child, including information provided by the parent and information related to enabling the child to be involved in and progress in the general curriculum (or for a preschool child, to participate in appropriate activities), that may assist in determining whether the child is a child with a disability, the child's IEP, and any standardized tests that are given to the child.
Any standardized tests that are given to the child must have been validated for the specific purpose for which they are used. Tests must be administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the tests. If the tests are not conducted under standard conditions, a description of the extent to which they varied from standard conditions - the qualifications of the person administering the test or the method of test administration - must be included in the evaluation report.
Tests must assess specific areas of educational need and not merely provide a single general intelligence quotient. The areas assessed include health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities. No single procedure is used as the sole criteria for determining whether a child is a child with a disability and for determining an appropriate educational program for the child.
When the tests and other evaluation materials are complete, a group of qualified professionals and the parent will determine whether the child is a child with a disability. The public agency must provide a copy of the evaluation report and the documentation of determination of eligibility to the parent.
Reevaluation
A local educational agency shall ensure that a reevaluation of each child with a disability is conducted if conditions call for a reevaluation or if the child's parent or teacher requests a reevaluation. Regardless, reevaluations will be done at least once every 3 years.
Reevaluations are used to discover what additional data, if any, are needed to determine whether the child continues to have a disability and needs special education services, the present levels of performance and educational needs, and whether or not any modifications are needed to enable the child to meet the goals of his/her IEP.
Individual Education Program (IEP)
After a child has been determined to be a child with a disability, an Individual Education Program will be developed. An IEP is a written statement for each child with a disability that is developed, reviewed, and revised in accordance with the requirements of the law. The IEP is developed by a group of individuals consisting of:
the parents of the child
at least one regular education teacher (if child is participating in regular education)
at least one special education teacher/provider of the child
a representative of the local educational agency who is qualified to provide, or supervise, the provision of, specially designed instruction to meet the unique needs of children with disabilities, is knowledgeable about the general curriculum and the availability of resources of the local educational agency
an individual who can interpret the instructional implications of evaluation results
at the discretion of parents or agency, other individuals who have knowledge or special experience regarding the child, including related services personnel as appropriate
whenever appropriate, the child with a disability
An IEP includes:
a statement of the child's present levels of educational performance, including - how the child's disability affects the child's involvement and progress in the general curriculum, for preschool children as appropriate, how the disability affects the child's participation in appropriate activities
a statement of measurable annual goals, including benchmarks or short- term objectives, related to -
meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum
meeting each of the child's other educational needs that result from the child's disability
a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child and a statement of the program modifications or supports for school personnel that will be provided for the child
-
to advance appropriately toward attaining the annual goals
to be involved and progress in the general curriculum and to participate in extracurricular and other nonacademic activities
to be educated and participate with other children with disabilities and nondisabled children in the activities with an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and activities.
When developing an IEP, the team must consider special factors:
in the case of a child whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, and supports to address that behavior;
in the case of a child with limited English proficiency, consider the language needs of the child as such needs related to the child's IEP;
in the case of a child who is blind or visually impaired, provide instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, it is not appropriate;
consider the communication needs of the child, and in case of the child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communication with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language communication mode; and
consider whether the child requires assistive technology devices and services.
An IEP must include a statement of any individual modifications in the administration of State or districtwide assessments of student achievement that are needed in order for the child to participate. If the IEP team determines the child will not be included in assessments, the statement must express why and how the child will be assessed.
IDEA requires that parents are notified of their child's progress, as often as their nondisabled peers, toward annual goals and to the extent the progress is sufficient to enable the child to achieve the goals by the end of the year.
Starting at 14 years old, and updated annually, the IEP must include a statement of the child's transition service needs that focuses on the child's courses of study. Beginning at age 16, transition services will also include a statement of interagency responsibilities.
The law requires that the child be informed of his/her rights one year before the child reaches the age of majority under State law.
Private School Placements by Public Agencies
Before a public agency places a child with a disability in, or refers a child to, a private school or facility, the agency shall initiate and conduct a meeting to develop an IEP for the child.
The agency shall ensure that a representative of the private school or facility attends the meeting. If the representative cannot attend, the agency shall use other methods to ensure participation by the private school or facility, including individual or conference telephone calls.
After a child with a disability enters a private school or facility, any meetings to review and revise the child's IEP may be initiated and conducted by the private school or facility at the discretion of the public agency.
If the private school or facility initiates and conducts these meetings, the public agency shall ensure that the parents and an agency representative are involved in any decision about the child's IEP, and agree to any proposed changes before the changes are implemented.
Even if a private school or facility implements a child's IEP, responsibility for compliance with the IEP remains with the public agency and the SEA.
Although Part B requires that a child with a disability not be removed from the regular educational environment if the child's education can be achieved satisfactorily in regular classes with the use of supplementary aids and services, Part B's LRE principle is intended to ensure that a child with a disability is served in a setting where the child can be educated successfully. Even though IDEA does not mandate regular class placement for every disabled student, IDEA presumes that the first placement option considered for each disabled student by the student's placement team, which must include the parent, is the school child would attend if not disabled, with appropriate supplementary aids and services to facilitate such placement.
Before a disabled child can be placed outside of the regular educational environment, the full range of supplementary aids and services that if provided would facilitate the student's placement in the regular classroom setting must be considered. Following that consideration, if a determination is made that particular disabled student cannot be educated satisfactorily in the regular education environment, even with the provision of appropriate supplementary aids and services, that student then could be placed in a setting other than the regular classroom.
Later, if it becomes apparent that the child's IEP can be carried out in a less restrictive setting, with the provision of appropriate supplemental aids and services, if needed, Part B would require that the child's placement be changed from the more restrictive setting to a less restrictive setting. In all cases, placement decisions must be individually determined on the basis of each child's abilities and needs, and not solely on factors such as category of disability, significance of disability, availability of special education and related services, configuration of the service delivery system, availability of space, or administrative convenience. Rather, each student's IEP forms the basis for the placement decision.
Further, a student need not fail in the regular classroom before another placement can be considered. On the other hand, IDEA does not require that a student demonstrate achievement of a specific performance level as a requirement for placement into a regular classroom.
Placement Of Children By Parents If FAPE Is At Issue
IDEA does not require the LEA to pay for the cost of education, including special education and related services, for a child with a disability at a private school or facility, if that agency made FAPE available to the child and the parents elected to place the child in a private school or facility.
Disagreements about FAPE between a parent and a public agency regarding the availability of a program appropriate for the child, and the question of financial responsibility, are subject to IDEA's due process procedures.
If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, elementary, or secondary school without the consent of or referral by the public agency, a court or a hearing officer may require the agency to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the agency had not made FAPE available to the child in a timely manner prior to that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the SEA and LEAs.
The cost of reimbursement may be reduced or denied if:
at the most recent IEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP team that they were rejecting the placement proposed by the public agency to provide FAPE to their child, including stating their concerns and their intent to enroll their child in a private school at public expense
at least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the public agency
if prior to the parents' removal of the child from the public school, the public agency informed the parents, through the notice requirements of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but parents did not make the child available for the evaluation
after a judicial finding it is found that the parents are unreasonable with respect to the actions they have taken
The cost of reimbursement may not be reduced or denied for failure to provide notice if:
the parent is illiterate and cannot write in English
compliance with the requirements of this section would likely result in physical or emotional harm to the child
the school prevented the parent from providing notice
the parents had not received notice
Procedural Safeguards
A copy of the law's procedural safeguards must be given to parents of children with disabilities when the child is initially referred for evaluation, when notified of IEP meetings, when the child is reevaluated, and upon receipt of a request for due process.
Each State shall include in its complaint procedures a time limit of 60 days after complaint is filed to:
carry out an independent investigation if deemed necessary
give the complainant the opportunity to submit additional information, either orally or in writing
review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of IDEA
issue a written decision to the complainant that addresses each allegation in the complaint
Content of Procedural Safeguards Notice
The procedural safeguards notice must include a full explanation of all of the procedural safeguards available through IDEA's complaint procedures relating to:
Independent educational evaluation
Prior written notice
Parental consent
Access to educational records
Opportunity to present complaints to initiate due process hearings
The child's placement in an interim alternative educational setting
Requirements for unilateral placement by parents of children in private schools at public expense
Mediation
Due process hearings, including requirements for disclosure of evaluation results and recommendations
State-level appeals
Civil action
Attorneys' fees
The State complaint procedures, including a description of how to file a complaint and the timelines under those procedures
Mediation
Each public agency shall ensure that procedures are established and implemented to allow parties in disputes to resolve those disputes through a mediation process. The mediation process must be voluntary, not used to deny or delay a parent's right to a due process hearing or any other rights afforded under Part B of IDEA. A public agency may establish procedures to require parents who elect not to use the mediation process to meet to review the benefits of mediation and encourage the use of the process to the parents involved.
The law requires that mediation be conducted by qualified and impartial mediators who are trained in effective mediation techniques. The State will maintain a list of individuals who are qualified and randomly pick mediators from the list when needed for mediation. However, if both parties agree, a mediator may be specifically selected to mediate. The State will pay for the cost of mediation, including the costs of meetings. Each session in the mediation process must be scheduled in a timely manner and must be held in a location that is convenient to the parties in the dispute.
An agreement reached by the parties must be set forth in a written mediation agreement. Discussions that occur during the mediation process must be kept confidential and may not be used as evidence in any later due process hearings or civil action proceedings. Parties to the mediation may be required to sign a confidentiality pledge prior to mediation.
The mediator may not be an employee of any LEA or any State agency, the SEA that is providing direct services to a child who is the subject of the mediation process, and must not have a personal or professional conflict of interest.
Impartial Due Process Hearing
A parent or a public agency may initiate a due process hearing on issues relating to identification, evaluation, educational placement, or the provision of FAPE for a child with a disability. When a hearing is initiated, the public agency must inform the parents of the availability of mediation. If the parents request, the public agency must inform them of any free or low-cost legal or other relevant services that are available in the area.
The public agency must have procedures in place that require the parents of a child with a disability or the attorney representing the child, to provide notice, which must remain confidential, to the public agency in a request for a hearing. Each SEA shall develop a model form to assist parents in filing a request for due process that includes the required notice content. The content of the parental notice must include:
The name of the child
The address of the residence of the child
The name of the school the child is attending
A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including the facts relating to the problem
A proposed resolution of the problem to the extent known and available to the parents at the time
Hearing Rights
Any party to a hearing has the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities. Parties may present evidence and confront, cross-examine, and compel the attendance of witnesses. Any introduction of evidence that was not available at least five business days before the hearing is prohibited. Parties can obtain a written, or, at the option of the parents, electronic, verbatim record, findings of facts and decisions of the hearing. This information will be provided free of cost to parents.
At least five business days prior to the hearing, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing. A hearing officer may prevent any party that fails to comply with these requirements from introducing relevant evaluations and recommendations at the hearing unless the other party agrees to allow it. Parents have the right to have the child who is the subject of the hearing present and to open the hearing to the public. Any party involved in the hearing may appeal the decision to the SEA. The SEA is responsible for providing an impartial review. The finding by the SEA is final unless any party involved brings a civil action.
Attorney's Fees
The court may, at its discretion, award reasonable attorneys' fees as part of the costs to the parents of a child with a disability who is the prevailing party. Fees awarded must be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished.
Attorney fees may not be awarded relating to any meeting of the IEP Team unless the meeting is convened as a result of an administrative proceeding or judicial action, or at the discretion of the State, for a mediation.
Maintenance of Current Education Placement
During a due process hearing the child in question shall remain in his/her current placement, unless the State or local agency and parents agree to another placement. If the complaint involves an application for initial admission to public school, the child, with the consent of the parents, must be placed in the public school until the completion of all the proceedings. If however, the decision of the hearing officer agrees with the parents that a change of placement would be appropriate, that placement must be treated as an agreement between the State, the local agency, and the parents.
Discipline Procedures
A child with disabilities may be removed from his/her current educational placement if he/she violates school rules. Students can only be suspended to an interim setting for 10 days, to the extent that such a setting is also used for disciplining nondisabled students.
A change in placement occurs when the child is removed from his/her current placement for more than 10 consecutive school days, or if the child is subjected to a series of removals that constitute a pattern because they add up to more than 10 school days in a school year. Factors such as length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another are also considered when determining the 10-day rule.
After a child has been removed from his/her current placement for any violation of school rules for more than 10 school days in the same school year, during any subsequent days of removal the school must provide services to the child.
A child's placement may be changed to an appropriate interim alternative educational setting for not more than 45 days, the same amount of time that a child without a disability would also be placed, if the child carries a weapon to school or to a school function, or knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or at a school function.
Either before, but not later than 10 business days after first removing the child for more than 10 school days, or beginning a removal that constitutes a change in placement, the school must conduct a functional behavioral assessment and implement a behavioral intervention plan for the child. The plan will be developed by the IEP Team. If the child already has a plan, the Team will meet to review the plan and its implementation and adjust the plan as needed to address the student's behavior.
A hearing officer may order a change in placement to an appropriate interim alternative educational setting for not more than 45 days if the hearing officer, in an expedited due process hearing, determines that the school has demonstrated by substantial evidence that keeping the child in the current placement is likely to result in injury to the child or to others. Before making a change in placement the hearing officer will consider the appropriateness of the child's current placement, whether the school has made reasonable efforts to minimize the risk of harm in the child's current placement, and the use of supplementary aids and services, and the appropriateness of the interim alternative educational placement.
Any interim alternative educational setting must be determined by the IEP Team. The Team shall select a placement that will enable the child to continue to progress in the general curriculum and receive those services and modifications contained in the child's IEP.
If after a review, it is determined that the child's behavior is not a manifestation (symptom) of the child's disability, the child will be disciplined in the same manner as nondisabled children.
A child who has not been determined to be eligible for special education and related services before a discipline incident takes place may be covered by IDEA's protections if:
the parent of the child has expressed concern in writing (or orally if unable to write) to school personnel that the child is in need of special education and related services
the behavior or performance of the child demonstrates the need for services
the parent of the child has requested an evaluation of the child
the teacher of the child, or other school personnel, has expressed concern about the behavior or performance of the child to the school's special education representative
Section 619 - Preschool Grants
IDEA provides grants to assist States to provide special education and related services to children with disabilities ages 3 through 5. At a State's discretion, it may also provide services under Section 619 of IDEA to 2 year-old children with disabilities who will turn 3 during the school year.
Part C: Infants and Toddlers with Disabilities
Part C of IDEA provides services to infants and toddlers (ages 0-3) with disabilities. An infant or toddler with a disability means an individual under 3 years of age who needs early intervention services because the individual:
is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or
has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; and
may also include, at the State's discretion, at-risk infants and toddlers.
Services are designed to meet the developmental needs of an infant or toddler in any one or more of the following areas:
physical development
cognitive development
communication development
social or emotional developmental
adaptive development
Services are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees. Services include:
family training, counseling, and home visits
special instruction
speech-language pathology and audiology services
occupational therapy
physical therapy
psychological services
service coordination services
medical services only for diagnostic or evaluation purposes
early identification, screening, and assessment services
health services necessary to enable the infant or toddler to benefit from the other early intervention services
social work services
vision services
assistive technology devices and assistive technology services
transportation and related costs that are necessary to enable an infant or toddler and the infant's or toddler's family to receive services
To the maximum extent appropriate, services are to be provided in natural environments, including the home and community settings in which children without disabilities participate.
Individualized Family Service Plan
Services are based on the Individualized Family Service Plan (IFSP), which is developed by a multidisciplinary team, including the parents. The plan assesses the unique strengths and needs of the infant or toddler and identifies the appropriate services that will meet the infant or toddler's needs.
The IFSP is evaluated once a year. The family will be provided a review of the plan at 6-month intervals, or more often where appropriate, based on the needs of the family.
The IFSP shall include:
a statement of the infant's or toddler's present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria
a statement of the family's resources, priorities, and concerns relating to enhancing the development of the family's infant or toddler with a disability
a statement of the major outcomes expected to be achieved for the infant or toddler and the family, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the outcomes is being made and whether modifications or revisions of the outcomes or services are necessary
a statement of specific early intervention services necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services
a statement of the natural environment in which early intervention services shall appropriately be provided, including justification of the extent, if any, to which the services will not be provided in a natural environment
the projected dates for initiation of services and the anticipated duration of the services
the identification of the service coordinator from the profession most immediately relevant to the infant's or toddler's or family's needs who will be responsible for the implementation of the plan and coordination with other agencies and persons
the steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services
The contents of the IFSP shall be fully explained to the parents and informed written consent from the parents shall be obtained prior to the provision of early intervention services described in the plan. Only those services to which the parents agree will be provided.
Procedural Safeguards
States are required to provide, at a minimum, the following:
the timely administrative resolution of complaints by parents
the right to confidentiality of personally identifiable information, including the right of parents to written notice of and written consent to the exchange of such information among agencies consistent with Federal and State law
the right of parents to determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service
the opportunity for parents to examine records relating to assessment, screening, eligibility determinations, and the development and implementation of the IFSP
procedures to protect the rights of the infant or toddler whenever the parents of the infant or toddler are not known or cannot be found or the infant or toddler is a ward of the State
written prior notice (in the parents' native language unless clearly not feasible to do so) to the parents whenever the State agency or service provider proposes to initiate, change or refuse to initiate or change the identification, evaluation, placement, or provision of appropriate early intervention services
the right of parents to use mediation .
Re-visit the Parental Advocate