Transcript Project Overview

Project Overview
The following Module was developed in response to requests
from CADRE's Part C dispute resolution work group.* This
training template is intended to help Lead Agencies (LA) prepare
their dispute resolution practitioners (i.e., hearing officers,
administrative law judges). It is expected that states will
customize the content to bring it in alignment with their state
regulations, policies, and procedures.
Placeholder slides are included throughout this Module, to
suggest where LAs might insert and address key state-specific
information such as screening, at-risk infants and toddlers, and
the State's definition for developmental delay eligibility.
*CADRE is the National Center for Appropriate Dispute Resolution in Special Education
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Acknowledgements
The following individuals and organizations contributed to
the development of this resource:
Amy Whitehorne & Marshall Peter, CADRE
Sharon Walsh, Walsh Taylor Consulting
Megan Vinh, Western Regional Resource Center
Joicey Hurth, Early Childhood Technical Assistance Center
Hillary Tabor & Tina Diamond, US Department of Education Office of Special
Education Programs
CADRE’s Part C Dispute Resolution Workgroup:
Aileen McKenna & Linda Goodman, Connecticut Birth to Three System
Kay Lambert, Kathy Bentz, & April Griffin, Texas Early Childhood Intervention
Services
Lenita Hartman, Early Intervention Colorado
Mary Dennehy-Colorusso, Massachusetts Early Intervention Program
Susan Boone, Mississippi First Steps Early Intervention
Susan Ord, Utah Baby Watch Early Intervention
Maureen Greer, Infant Toddlers Coordinators Association
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Visiting Part C of IDEA:
Early Intervention (EI) Steps
For Part B Hearing Officers
[Module B]
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Purpose and Disclaimer
The purpose of this Module is to orient hearing officers
who are familiar with Part B of the Individuals with
Disabilities Education Act (IDEA) with the Part C
requirements from program referral to transition. A more
comprehensive collection of resources on Part C
requirements may be found on the IDEA 2004: Building the
Legacy website.
This Module is a technical assistance product intended for
discussion purposes only and does not constitute legal
advice nor is it intended to interpret law or regulation.
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Federal Statutes & Regulations
IDEA: 20 USC Chapter 33
Part B:
• IDEA Subchapter II (sections 1411–1419)
• Federal Regulations: 34 CFR Part 300
Part C:
• IDEA Subchapter III (sections 1431–1444)
• Federal Regulations: 34 CFR Part 303
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Module B: Early Intervention Steps
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Module B: Early Intervention Steps
1)
2)
3)
4)
5)
Referral
Evaluation/Assessment/Eligibility
Initial IFSP Meeting/Development of IFSP
EI Services Provided to Child & Family
IFSP Reviewed & Revised Every 6 Months, or
As Needed
6) Annual Review of IFSP
7) Transition Plan Included in IFSP
8) Child Exits EI
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EI Step 1: Referral
Pre-referral
§ 303.301 Public Awareness
§ 303.302 Child Find
Referral procedures
§§ 303.303(a) & (b) For a child suspected
of having a disability
§ 303.303(c) Primary referral sources
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EI Step 1: Referral
Public Awareness
§ 303.301
• Info on availability of EI services
• Adopt procedures for assisting primary referral
sources
• Info to be provided to families
 Availability of EI services
 System description
 § 303.117 Central directory
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EI Step 1: Referral
Public Awareness – State Specifics
•
•
Describe the State’s EI public
awareness/outreach programs
Provide details as to how Notice of Rights
(§ 303.404) is provided to family at point
of referral (e.g., by whom, at what point,
format)
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EI Step 1: Referral
Child Find
§ 303.302
Each state must have a “comprehensive child find system”
with the purpose of finding infants and toddlers with
disabilities from birth to age three as early as possible to
reduce the need for future services
The LA, with the State’s Interagency Coordinating Council, is
responsible for ensuring that the system is coordinated with
all other major efforts (§ 303.302(c)) to locate and identify
young children by other state health, education, social
service, and tribal agencies
[Compare to Part B: § 300.111 Child find]
Child Find information adapted from The ECTA Center, Nov. 2012.
The State’s governor appoints the members and chair of the Interagency Coordinating Council, which has specific functions
that it is required to perform. See 34 CFR Part 303, Subpart G.
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EI Step 1: Referral
Child Find – State Specifics
May include:
• Description of the State’s child find system,
including any role that the Part B system plays
• Info on the State’s ICC
• Other major efforts in the State used to locate and
identify young children with disabilities
[Insert a link here to compare to the State’s Part B system]
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EI Step 1: Referral
Procedures
§ 303.303
• Procedures must
 Provide for referring a child ASAP, but in no case more
than 7 calendar days after identification
 Require referral of a child under three who:
 Is the subject of a substantiated case of child abuse or
neglect
 Is identified as directly affected by illegal substance abuse
or withdrawal symptoms resulting from prenatal drug
exposure
• Primary referral sources
 Include but are not limited to: hospitals, physicians,
parents, child care programs, other public health or
social service agencies
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EI Step 1: Referral
Procedures – State Specifics
Describe referral procedures
• How the referral process works
• Who receives referrals
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EI Step 2: Evaluation/Assessment/Eligibility
Screening
§ 303.320
The Lead Agency may adopt procedures to screen
children referred to the program to determine
whether they are suspected of having a disability
under Part C.
If a state adopts screening, it must follow Federal
regulations.
[Compare to Part B: § 300.302 Screening]
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EI Step 2: Evaluation/Assessment/Eligibility
Screening – State Specifics
State specifics on screening – if applicable
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EI Step 2: Evaluation/Assessment/Eligibility
Evaluation
§ 303.321
(a)(1)(i): A comprehensive, multidisciplinary evaluation is
required unless a child is eligible as having a diagnosed physical
or mental condition that has a high probability of resulting in
developmental delay, unless eligibility is established under
§ 303.321(a)(3)(i)
(a)(2)(i): Means the procedures performed by qualified
personnel used to determine a child’s initial and continuing
eligibility for EI services, consistent with the definition of infant
or toddler with a disability § 303.21
(b): Required procedures for evaluation of the child
[Compare to Part B: §§ 300.301-311 Evaluation]
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EI Step 2: Evaluation/Assessment/Eligibility
Assessment
§ 303.321
(a)(1)(ii): A multidisciplinary assessment of the unique
strengths and needs of the child and the identification of
services appropriate to meet those needs is required for all
eligible children
(a)(2)(ii): Means the ongoing procedures used throughout the
period of an infant or toddler’s eligibility to identify:
• The child's unique strengths and needs, and the services
appropriate to meet those needs
• The resources, priorities, and concerns of the family, and the
supports and services necessary to enhance the family's
capacity to meet the developmental needs of their child with a
disability
(c): Required procedures for assessment of the child
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EI Step 2: Evaluation/Assessment/Eligibility
For All Child Evaluations & Assessments
§ 303.321
(a)(3)(ii): Must use informed clinical opinion during evaluation
and assessment and the LA must ensure that informed clinical
opinion may be used as an independent basis to establish
eligibility but may not be used to negate the results of an
evaluation instrument
(a)(4): Must be conducted by qualified personnel in
nondiscriminatory manner; selected and administered so as not
to be racially or culturally discriminatory
(a)(5): Must be conducted in the child’s native language unless
clearly not feasible to do so in accordance with § 303.25
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EI Step 2: Evaluation/Assessment/Eligibility
For All Child Evaluations & Assessments (cont’d)
§ 303.24
Multidisciplinary means the involvement of two or more
separate disciplines or professions and with respect to:
(a) Evaluation of the child in § 303.113 and § 303.321(a)(1)(i)
and assessments of the child and family in
§ 303.321(a)(1)(ii), may include one individual who is qualified
in more than one discipline or profession
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EI Step 2: Evaluation/Assessment/Eligibility
Child Evaluation & Assessment – State Specifics
State-specific info on child evaluation
and assessment
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EI Step 2: Evaluation/Assessment/Eligibility
Family Assessments
§ 303.321
(a)(1)(ii)(B): A family-directed assessment of the resources,
priorities, and concerns of the family and the identification of the
supports and services necessary to enhance the family's capacity
to meet the developmental needs of that infant or toddler is to
be offered to the family
(a)(6): Must be conducted in the family’s native language unless
clearly not feasible to do so in accordance with § 303.25
(c)(2): Required procedures for assessing the family
(participation is voluntary on the part of each member)
[Compare to Part B: No family assessment required]
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EI Step 2: Evaluation/Assessment/Eligibility
Family Assessment – State Specifics
State-specific info regarding
family assessment
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EI Step 2: Evaluation/Assessment/Eligibility
Eligibility
§ 303.111: Each state system must include the State’s rigorous
definition of developmental delay, consistent with § 303.10 and
§ 303.203(c)
§ 303.21: Defines infant and toddler with a disability, including:
• Children with a developmental delay
• Children with physical or mental conditions with a high
probability of resulting in developmental delay
• May include infants and toddlers who are at-risk*
[Compare to Part B: § 300.8 Child with a Disability]
* At-risk infant or toddler means an individual under three years of age who would be at risk of experiencing a substantial
developmental delay if EI services were not provided to the individual. See 34 CFR 303.5.
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EI Step 2: Evaluation/Assessment/Eligibility
Definition of Infant & Toddler with a Disability
§ 303.21(a)(1)
Infant or toddler with a disability means an individual
under three years of age who needs EI services because
the individual is experiencing a developmental delay in
one or more of the following areas of development:
(i) Cognitive
(ii) Physical, including vision and hearing
(iii)Communication
(iv) Social or emotional
(v) Adaptive
EI Step 2: Evaluation/Assessment/Eligibility
Definition of Infant & Toddler with a Disability
§§ 303.21(a)(2)(i) and (ii)
Infant or toddler with a disability means an individual under
three years of age who needs EI services because the
individual has a diagnosed physical or mental condition that
has a high probability of resulting in developmental delay and
includes conditions such as:
• Chromosomal abnormalities
• Genetic or congenital
disorders
• Sensory impairments
• Inborn errors of metabolism
• Disorders reflecting
disturbance of the
development of the nervous
system
• Congenital infections
• Severe attachment disorders
• Disorders secondary to
exposure to toxic substances,
including fetal alcohol
syndrome
EI Step 2: Evaluation/Assessment/Eligibility
Eligibility Standards/Criteria – State Specifics
State-specific info:
• Definition of developmental delay
• Procedures that will be used to measure development in
each of 5 cognitive areas
• The level of delay in each area to constitute a
developmental delay
• Whether the State includes at-risk infants and toddlers in
its definition of infant or toddler with a disability
• If applicable, § 303.21(c): Infant or toddler with a
disability may include, at a state’s discretion, a child with
a disability who is eligible for services under section 619
of the Act and who previously received services under this
part until the child enters, or is eligible under state law to
enter kindergarten or elementary school
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EI Step 3: Initial IFSP Meeting/Development of IFSP
General Provisions
§ 303.340
For each eligible child, the LA must ensure the
development, review, and implementation of an
individualized family service plan (IFSP) developed by a
multidisciplinary team, which includes the parent, that:
(a) Is consistent with the definition of IFSP in § 303.20
(b) Meets the requirements in §§ 303.342-346
[Compare to Part B: §§ 300.320-328 IEPs/Development]
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EI Step 3: Initial IFSP Meeting/Development of IFSP
Initial IFSP Meeting
§ 303.342(a)
For a child referred to the Part C program and
determined to be eligible, a meeting to develop the
initial IFSP must be conducted within the 45-day time
period described in § 303.310
[Compare to Part B: § 300.323(c) Initial IEP]
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EI Step 3: Initial IFSP Meeting/Development of IFSP
Accessibility and Convenience of Meetings
§ 303.342(d)
(1)IFSP meetings must be conducted
(i) In settings and at times that are convenient for the
family
(ii) In the native language of the family or other mode of
communication used by the family, unless it is clearly
not feasible to do so
(2)Meeting arrangements must be made with, and written
notice provided to, the family and other participants
early enough before the meeting date to ensure that
they will be able to attend
[Compare to Part B: § 300.322 and § 300.328]
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EI Step 3: Initial IFSP Meeting/Development of IFSP
Parental Consent
§ 303.342(e)
Contents of the IFSP must be fully explained to the parents
and informed written consent, as described in § 303.7,
must be obtained prior to the provision of EI services
described in the IFSP. Each EI service must be provided as
soon as possible after the parent provides consent for that
service, as required in § 303.344(f)(1)
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EI Step 3: Initial IFSP Meeting/Development of IFSP
IFSP Team
§ 303.343(a)(1)
Each IFSP meeting must include the following participants:
(i) The parent/parents of the child
(ii) Other family members, as requested by the parent, if feasible to do
so
(iii) An advocate or person outside of the family, if the parent requests
that the person participate
(iv) The service coordinator designated by the public agency to be
responsible for implementing the IFSP
(v) A person or persons directly involved in conducting the
evaluations and assessments in § 303.321
(vi) As appropriate, persons who will be providing EI services under
Part C to the child or family
[Compare to Part B: §§ 300.321-322 IEP Team & Parent
Participation]
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EI Step 3: Initial IFSP Meeting/Development of IFSP
IFSP Team (cont’d)
§ 303.343(a)(2)
If a person involved in conducting the evaluations and
assessments in § 303.321 is unable to attend a meeting,
arrangements must be made for the person's involvement
through other means, including one of the following:
(i) Participating in a telephone conference call
(ii)Having a knowledgeable authorized representative attend
the meeting
(iii)Making pertinent records available at the meeting
[Compare to Part B: § 300.322(d) – IEP Meeting without Parent]
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EI Step 3: Initial IFSP Meeting/Development of IFSP
IFSP Team (cont’d)
§ 303.24
Multidisciplinary means the involvement of two or more
separate disciplines or professions and with respect to:
(b) The IFSP Team in § 303.340 must include the involvement
of the parent and two or more individuals from separate
disciplines or professions and one of these individuals must
be the service coordinator (consistent with
§ 303.343(a)(1)(iv))
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EI Step 3: Initial IFSP Meeting/Development of IFSP
Content of an ISFP
§ 303.344(a)
Information about the child’s status: The IFSP must
include a statement of the infant or toddler with a
disability's present levels of physical development
(including vision, hearing, and health status), cognitive
development, communication development, social or
emotional development, and adaptive development
based on the information from that child's evaluation
and assessments conducted under § 303.321
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EI Step 3: Initial IFSP Meeting/Development of IFSP
Content of an ISFP (cont’d)
§ 303.344(b)
Family information: With the concurrence of the family,
the IFSP must include a statement of the family's
resources, priorities, and concerns related to enhancing
the development of the child as identified through the
assessment of the family under § 303.321(c)(2)
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EI Step 3: Initial IFSP Meeting/Development of IFSP
Content of an ISFP (cont’d)
§ 303.344(c)
Results or outcomes: The IFSP must include a statement
of the measurable results or measurable outcomes
expected to be achieved for the child (including preliteracy and language skills, as developmentally
appropriate for the child) and family, and the criteria,
procedures, and timelines used to determine:
(1) The degree to which progress toward achieving the
results or outcomes identified in the IFSP is being made
(2) Whether modifications or revisions of the expected
results or outcomes, or EI services identified in the IFSP
are necessary
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EI Step 3: Initial IFSP Meeting/Development of IFSP
Content of an IFSP (cont’d)
§ 303.344(d)
• The determination of the appropriate setting for providing
EI services to an infant or toddler with a disability,
including any justification for not providing a particular EI
service in the natural environment for that infant or toddler
with a disability and service, must be:
 Made by the IFSP Team
 Consistent with the provisions in § 303.13(a)(8), § 303.26,
and § 303.126
 Based on the child's outcomes that are identified by the IFSP
Team in paragraph (c) of this section
• The location of the EI services
• Payment arrangements, if any
EI Step 3: Initial IFSP Meeting/Development of IFSP
Content of an IFSP (cont’d)
§ 303.344(e)
Other services:
(1) Identify medical and other services that the child or
family needs or is receiving through other sources, but
that are neither required nor funded under this part
(2) If those services are not currently being provided,
include a description of the steps the service
coordinator or family may take to assist the child and
family in securing those other services
EI Step 3: Initial IFSP Meeting/Development of IFSP
Content of an IFSP (cont’d)
§ 303.344
(f) Dates and duration of services – The projected date for
the initiation and anticipated duration of each EI service
(g) Service coordinator responsible for implementing
services in the IFSP
(h) Transition from Part C services
[Compare to Part B: § 300.320 and §§ 300.324(a)(1) and (2)
Definition & Development of IEP]
EI Step 3: Initial IFSP Meeting/Development of IFSP
Interim IFSPs
§ 303.345
EI services for an eligible child and the child's family may
commence before the completion of the evaluation and
assessments if the following conditions are met:
(a) Parental consent is obtained
(b) An interim IFSP is developed that includes:
(i) The name of the service coordinator who will be
responsible for implementing the interim IFSP
(ii) The EI services that have been determined to be needed
immediately by the child and the child's family
(c) Evaluations and assessments are completed within the
45-day timeline in § 303.310
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EI Step 3: Initial IFSP Meeting/Development of IFSP
Reliability and Accountability
§ 303.346
• Each public agency or EI service provider who has a
direct role in the provision of EI services is responsible
for making a good faith effort to assist each eligible
child in achieving the outcomes in the child's IFSP
• Part C of the Act does not require that any public
agency or EI service provider be held accountable if an
eligible child does not achieve the growth projected in
the child's IFSP
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EI Step 4: Delivery of EI Services
Timely Delivery of Services
§ 303.344(f)(1)
Each EI service must be provided as soon as possible
after the parent provides consent for that service
[Compare to Part B: § 300.323(c)(2) Timely Delivery of IEP
Services]
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EI Step 4: Delivery of EI Services
Timely Delivery of Services – State Specifics
Insert state policy for Indicator 1 (SPP/APR) 
what is timely delivery of services in this state?
44
EI Step 4: Delivery of EI Services
General Provisions
§ 303.13(a)
EI services are:
(a)(1) Provided under public supervision
(a)(2) Selected in collaboration with the parents
(a)(3) Provided at no cost, except where Federal or state
law provides for a system of payments by families,
including a schedule of sliding fees
(a)(4) Designed to meet the developmental needs of an
infant or toddler with a disability and the needs of the
family to assist appropriately in the child’s development,
as identified by the IFSP team
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EI Step 4: Delivery of EI Services
General Provisions (cont’d)
§ 303.13(a) – cont’d
(a)(5) Meet the standards of the state in which the EI
services are provided, including the requirements of
Part C of the Act
(a)(6) Include services identified under paragraph (b)
of this section
(a)(9) EI services are provided in conformity with the
IFSP
[Compare to Part B: § 300.17, § 300.39, § 300.34 Delivery of
IEP Services]
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EI Step 4: Delivery of EI Services
Types of Services
§ 303.13
(b) The following are the types of EI services:
(1) Assistive technology device &
service
(2) Audiology service
(3) Family training, counseling, &
home visits
(4) Health services
(5) Medical services (diagnosis &
evaluation only)
(6) Nursing services
(7) Nutrition
(8) Occupational therapy
(9) Physical therapy
(10) Psychological services
(11) Service coordination services
(12) Sign language & cured language
services
(13) Social work
(14) Special instruction
(15) Speech-language pathology
(16) Transportation & related costs
(17) Vision services
(d) The services defined do not comprise an exhaustive list
47
EI Step 4: Delivery of EI Services
State Specifics
State specifics here about how services are
delivered (e.g., primary provider model, transdisciplinary coaching), if applicable
48
EI Step 4: Delivery of EI Services
Qualified Personnel
§ 303.13(a)(7): Services are provided by qualified
personnel
§ 303.31: Qualified personnel means personnel who
have met certification, licensing, registration, or other
comparable requirements that apply to the areas in
which evaluations or assessments are conducted or EI
service provision
[Compare to Part B: § 300.156 Personnel Qualifications]
EI Step 4: Delivery of EI Services
Qualified Personnel
§ 303.13
(c) The following are the types of qualified personnel who
provide EI services under this part:
(1) Audiologists
(2) Family therapists
(3) Nurses
(4) Occupational therapists
(5) Orientation & mobility specialists
(6) Pediatricians & other physicians
for diagnostic & evaluation purposes
(7) Physical therapists
(8) Psychologists
(9) Registered dieticians
(10) Social workers
(11) Special educators, including
teachers of children with hearing
impairments (including deafness) &
teachers of children with visual
impairments (including blindness)
(12) Speech & language pathologists
(13) Vision specialists, including
ophthalmologists & optometrists
(d) The personnel identified do not comprise an exhaustive
list of the types of qualified personnel that may provide EI
services
EI Step 4: Delivery of EI Services
Natural Environments
§ 303.13(a)(8): Services are provided, to the maximum
extent appropriate, in natural environments, as defined in
§ 303.26, and consistent with § 303.126 and § 303.344(d)
§ 303.26: Natural environments means settings that are
natural or typical for a same-aged infant or toddler
without a disability, may include the home or community
settings, and must be consistent with provisions of
§ 303.126
51
EI Step 4: Delivery of EI Services
Natural Environments (cont’d)
§ 303.126(b): Service delivery occurs in settings other
than the natural environment that are most appropriate,
as determined by the parent and the IFSP team, only when
EI services cannot be achieved satisfactorily in the natural
environment
[Compare to Part B: §§ 300.114-120 Least Restrictive
Environment]
52
EI Step 4: Delivery of EI Services
Service Coordination
§ 303.34(a)
(1)Service coordination services mean services provided by a service
coordinator to assist and enable an infant or toddler with a disability and the
child’s family to receive the services and rights, including procedural
safeguards, required under this part
(2)Each infant or toddler with a disability and the child’s family must be
provided with a service coordinator who is responsible for:
(i) Coordinating all services required under this part across agency lines
(ii) Serving as the single point of contact for carrying out the activities
(3) Service coordination is an active ongoing process that involves:
(i) Assisting parents of infants and toddlers with disabilities in gaining access
to, and coordinating the provision of, the EI services required
(ii) Coordinating the other services identified in the IFSP under § 303.344(e)
that are needed by, or are being provided to, the infant or toddler with a
disability and that child’s family
EI Step 4: Delivery of EI Services
Service Coordination (cont’d)
§ 303.34(b)
Service coordination services include:
(1) Assisting parents of infants and toddlers with disabilities in
obtaining access to needed EI services and other services
identified in the IFSP, including making referrals to providers for
needed services and scheduling appointments
(2) Coordinating the provision of EI services and other services (such
as educational, social, and medical services that are not provided
for diagnostic or evaluative purposes) that the child needs or is
being provided
(3) Coordinating evaluations and assessments
(4) Facilitating and participating in the development, review, and
evaluation of IFSPs
EI Step 4: Delivery of EI Services
Service Coordination (cont’d)
§ 303.34(b) – cont’d
(5) Conducting referral and other activities to assist families in
identifying available EI service providers
(6) The delivery of services required to ensure that the services are
provided in a timely manner
(7) Conducting follow-up activities to determine appropriate EI
services are being provided
(8) Informing families of their rights and procedural safeguards, as
set forth in subpart E of this part and related resources
(9) Coordinating the funding sources for services required
(10)Facilitating the development of a transition plan to preschool,
school, or if appropriate, other services
EI Step 4: Delivery of EI Services
Additional State Specifics
Additional state specifics here, including:
• System of service coordination
• Who
• How
56
EI Step 5: IFSP Review & Revision
Purpose and Process
§ 303.342(b)
(1) A review of the IFSP for a child and the child's family must be
conducted every six months, or more frequently if conditions
warrant, or if the family requests such a review. The purpose
of the periodic review is to determine:
(i) The degree to which progress toward achieving the
results or outcomes identified in the IFSP is being made
(ii) Whether modification or revision of the results, outcomes,
or EI services identified in the IFSP is necessary
(2) The review may be carried out by a meeting or by another
means that is acceptable to the parents and other
participants
[Compare to Part B: § 300.324(b) and § 300.328 Development,
Review and Revision of IEP]
57
EI Step 5: IFSP Review & Revision
Periodic Review Team Members
§ 303.343(b)
Each periodic review must provide for the
participation of persons in §§ 303.343(a)(1)(i)-(iv)
If conditions warrant, provisions must be made for
the participation of other representatives identified in
paragraph § 303.343(a)
[Compare to Part B: § 300.321 IEP Team]
58
EI Step 5: IFSP Review & Revision
The following provisions also apply to the review and
revision of an IFSP:
§ 303.342(d) Accessibility and Convenience of
Meetings
§ 303.342(e) Parental Consent
§ 303.344 Content of an IFSP
§ 303.346 Responsibility and Accountability
59
EI Step 6: Annual IFSP Review
§ 303.342(c)
A meeting must be conducted on at least an annual
basis to evaluate and revise, as appropriate, the IFSP
for a child and the child's family
Results of any current evaluations and other
information available from the assessments of the
child and family conducted under § 303.321 must be
used in determining the EI services that are needed
and will be provided
[Compare to Part B: § 300.324(b) and § 300.328]
60
EI Step 6: Annual IFSP Review
Annual Meeting to Evaluate the IFSP
The following also apply to the annual meeting to
evaluate the IFSP:
§ 303.343(a) IFSP Team
§ 303.342(d) Accessibility and Convenience of
Meetings
§ 303.342(e) Parental Consent
§ 303.344 Content of an IFSP
§ 303.346 Responsibility and Accountability
61
EI Step 7: Transition
To Preschool and Other Programs
§ 303.209
The LA ensures:
(a)(1) Policies and procedures to ensure a smooth transition for
infants and toddlers with disabilities from receiving EI services
under Part C to:
(i) Preschool or other appropriate services, or
(ii) Exiting the program for infants and toddlers with disabilities
(a)(3)(i)
(A) If the LA is the not the SEA, an interagency agreement between
the SEA and LA
(B) If the LA is the SEA, an intra-agency agreement between the
program within that agency that administers Part C of the Act
and the program within the agency that administers section
619 of the Act
[Compare to Part B: § 300.124(a) Transition from Part C Svcs]
62
EI Step 7: Transition
Notification of SEA & Appropriate LEA
§ 303.209(b)(1)*
(i) The LA ensures that the SEA and appropriate LEA are
notified, no fewer than 90 days before the child’s third
birthday, if the toddler may be eligible for preschool services
under Part B of the Act
(ii) If the LA determines that the toddler is eligible for EI
services under part C of the Act more than 45 but less than
90 days before that toddler’s third birthday and if that
toddler may be eligible for preschool services under part B
of the Act, the lead agency, as soon as possible after
determining the child’s eligibility, notifies the SEA and the
appropriate LEA
* Subject to § 303.209(b)(2) – See Slide 63 and Procedural Safeguards
[Module C]
63
EI Step 7: Transition
Notification (cont’d)
§ 303.209(b)(1) – cont’d
(iii) If a toddler is referred to the lead agency fewer than 45
days before that toddler’s third birthday and that
toddler may be eligible for preschool services under
part B of the Act, the LA, with parental consent required
under § 303.414, refers the toddler to the SEA and
appropriate LEA, but the LA is not required to conduct
an evaluation, assessment, or an initial IFSP meeting
under these circumstances
64
EI Step 7: Transition
Notification (cont’d)
§ 303.209(b)(2)
The State must ensure that the notification required
under paragraphs (b)(1)(i) and (b)(1)(ii) of this
section is consistent with any policy that the State
has adopted, under § 303.401(e), permitting a parent
to object to disclosure of PII
This provision is commonly referred to as “opt-out”
65
EI Step 7: Transition
Notification – State Specifics
State specifics here about transition, including:
• The State’s opt-out policy (i.e., permitting a
parent to object to disclosure of PII), re:
§ 303.401(e)
• State definition of Potentially Eligible
• How notification is provided to SEA & LEAs
66
EI Step 7: Transition
Transition Conference
§ 303.209(c)
The LA ensures that:
With the approval of the family, a conference is held to
discuss post-EI services for the toddler not fewer than
90 days and, at the discretion of all parties, not more
than 9 months before the child’s third birthday
• With the family, LA and LEA, if the child may be
eligible for services under Part B
• With the family, LA and providers of other appropriate
services, if the LA determines that the child is not
potentially eligible for services under Part B
[Compare to Part B: § 300.124(c) Transition from Part C Svcs]
67
EI Step 7: Transition
Transition Plan
§ 303.209(d)
The LA ensures that:
(1)Program options for the period of time from the child’s third
birthday through the remainder of the school year are reviewed, and
the transition plan is developed with the child’s family
(2)A transition plan in the IFSP is developed not fewer than 90 days,
and at the discretion of all parties, not more than 9 months before a
child’s third birthday
(3)The transition plan in the IFSP includes, consistent with
§ 303.344(h) as appropriate:
(i) Steps for the toddler and his/her family to exit the Part C
program, and
(ii) Any transition services that the IFSP team identifies as needed
by that toddler and his/her family
[Compare to Part B: § 300.124 Transition from Part C Services]
68
EI Step 7: Transition
Plan Included in IFSP
§ 303.344(h)
The IFSP must include steps & services to be taken to
ensure the smooth transition of the child from Part C
services to:
• Preschool services (Part B)
• Part C services (under § 303.211), or
• Other appropriate services
[Compare to Part B: § 300.320(b) Transition Services in IEP]
69
EI Step 7: Transition
Transition Conference & Transition Plan Meeting
§ 303.209(e)
Any conference conducted under paragraph (c) of this
section or meeting to develop the transition plan under
paragraph (d) of this section (which conference and
meeting may be combined into one meeting) must meet
requirements in:
§ 303.342(d) Accessibility and Convenience of Meetings
§ 303.342(e) Parental Consent
§ 303.343(a) IFSP Team
70
EI Step 7: Transition
State Specifics
State specifics here about transition conference
or transition plan
71
EI Step 8: Child Exits
72
EI Step 8: Child Exits
Include a short list here of things that
come into play when a child exits
• LA responsibilities
• Other considerations that remain
active, such as responsibilities relating
to records
73
And we’re
here
to help
when you
need us…
74
OSEP Resources*
OSEP Policy Letters of Clarification Related to
Part C
Analysis of Comments & Changes to
Part C Federal Regulations
(September 28, 2011)
*OSEP is the US Department of Education Office of Special Education Programs
75
Technical Assistance and Other EI Resources
CADRE
www.directionservice.org/cadre/
ECTA Center
www.ectacenter.org/
NICHCY
nichcy.org/laws/idea/legacy/partc
ITCA
www.ideainfanttoddler.org/
DEC/CEC
www.dec-sped.org
76