Transcript resnaprojects.org

Meeting the AT Needs of
Preschool Students Under
The IDEA
Ronald M. Hager, Esq., Senior Staff Attorney,
National Disability Rights Network,
Washington, D.C.
This Session Will Focus On:


The IDEA Part C Program for infants and
toddlers
Selected Issues for Preschool students
under Part B of the IDEA
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Additional Materials for This
Session Can be Found at:

AT Advocate Winter 2009-2010
available at
http://www.nls.org/av/Winter%200910.pdf
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IDEA Part C:
Early Intervention Program

strong emphasis on prevention
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services are designed to meet

developmental needs of each child
 the “needs of the family related to enhancing
child’s development

due to young age of child, services may
be
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much less “educational”
Introduction
States required to develop a:
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“statewide, comprehensive, coordinated,
multidisciplinary, interagency system
that provides early intervention services for
infants and toddlers with disabilities and their
families”
Designate a lead agency that is responsible for
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overall implementation
Eligibility for Part C
Child must:
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be between birth and age two
have developmental delay in one or more of the
following:

cognitive development
 physical development including vision and
hearing
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Eligibility, continued



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
communication development
social or emotional development
adaptive development, or
diagnosed physical or mental condition high
probability of resulting in developmental
delay, and
at state’s discretion, at-risk infants and
toddlers
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Part C is Payor of Last Resort

Part C is payor of last resort
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Child need not be eligible for Medicaid
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But if available, Medicaid or private insurance
must be used to pay for early intervention
Use cannot result in reduction of coverage
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Process Begins with Referral
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Comprehensive child find system
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State must develop and publicize procedures
for referring children
Parents may refer directly
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Service Coordinator
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Must be appointed by implementing agency
Responsible for overall implementation and
coordination of services
Must be from profession most relevant to child
or family needs or otherwise qualified
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Comprehensive,
Multidisciplinary Evaluation
Designed to identify:
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child’s unique strengths and needs
appropriate services to meet needs
family resources, priorities and concerns
the supports and services necessary to enhance
family’s capacity to meet needs
Must include review of health and medical
records
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Evaluation, continued
Must assess functioning level and unique
needs of child in following areas:
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Cognitive

Physical

Communication
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Social and emotional, and
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Developing the Individualized
Family Service Plan (IFSP)
IFSP must be based on professionally acceptable
objective criteria
IFSP must be written and include:
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current level of physical (including vision,
health, hearing), cognitive, communication,
social or emotional, adaptive development
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IFSP, continued
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Family resources, priorities, concerns (if family
agrees)
Expected outcomes and how progress will be
evaluated
Services necessary to meet unique needs including;
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Frequency, intensity, method of delivering services
Natural environments
Location of services
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Payment arrangements, if any
IFSP, continued
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any services child needs that are not required
under Part C
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funding sources to pay for those services
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name of service coordinator
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projected dates for initiation of services
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anticipated duration of services
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Services Available are Very
Broad, Include:
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family training, counseling, home visits
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special instruction
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speech-language pathology and audiology
services
physical therapy
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Available Services, continued
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service coordination services
medical services for diagnostic or evaluation
purposes
early identification, screening and assessment
services
health services necessary to benefit from other
early intervention services
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Available Services, continued
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social work services
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vision services
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AT devices and AT services
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transportation and related costs necessary to
receive other services
List is not exhaustive
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Assistive Technology is
Covered Service
AT device:
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any item or piece of equipment
used to increase, maintain, or improve
functional capabilities
does not include surgically implanted devices
personally prescribed devices may be covered
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AT Service
Directly assists in:
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Selection
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Acquisition
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Use of AT device
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Includes training or technical assistance for
professionals, individual or family 20
Examples of AT Used by
Infants/Toddlers
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Manual or power wheelchairs
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Specialized strollers or car seats
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Specially adapted toys and recreational
equipment
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Examples of AT, continued
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Assistive listening devices including hearing
aids, personal FM units, CCTV
Assistive feeding devices including electric
feeders
Augmentative communication devices
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Right to Appeal
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Right to impartial hearing
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Right to confidentiality of records
• Stay put
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All services not in dispute continue to be
provided
All services currently being provided
continue to be provided
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Services to preschool students
under Part B
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All general rights available to school age
students apply
States may elect to allow parents to have
continue to receive services under Part C until
they reach kindergarten age


Services must include an educational component
that promotes school readiness
Including pre-literacy, language and numbers
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Transition to Part B
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Transition plan must be included in IFSP
Planning meeting must be held at least 90 days
before student ages out of Part C
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Must ensure uninterrupted provision of services
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No stay put for Part C services
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FAPE and LRE Apply
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School district must meet LRE even if it does not
operate a public preschool
In such cases, if the district determines that
placement in a private preschool program is
necessary as a means to provide services to a
student in the LRE, the program must be at no
cost to the family. 71 Fed. Reg. 46589.
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Transition to School Age
Services
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Must be a seamless process
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Due Process rights apply
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Stay put rights apply