1 / 76

Project Overview

Project Overview. *CADRE is the National Center for Appropriate Dispute Resolution in Special Education.

dittmer
Download Presentation

Project Overview

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Project Overview *CADRE is the National Center for Appropriate Dispute Resolution in Special Education 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.

  2. The following individuals and organizations contributed to the development of this resource: Acknowledgements Amy Whitehorne & Marshall Peter, CADRESharon Walsh, Walsh Taylor ConsultingMegan Vinh, Western Regional Resource CenterJoicey Hurth, Early Childhood Technical Assistance CenterHillary Tabor & Tina Diamond, US Department of Education Office of Special Education ProgramsCADRE’s Part C Dispute Resolution Work Group:Aileen McKenna, Connecticut Birth to Three SystemKay Lambert, Kathy Bentz, & April Griffin, Texas Early Childhood Intervention ServicesLenita Hartman, Early Intervention Colorado Mary Dennehy-Colorusso, Massachusetts Early Intervention ProgramSusan Boone, Mississippi First Steps Early interventionSusan Ord, Utah Baby Watch Early InterventionMaureen Greer, Infant Toddlers Coordinators Association

  3. Visiting Part C of IDEA: Early Intervention (EI) Steps For Part B Hearing Officers [Module B]

  4. 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.

  5. 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

  6. Module B: Early Intervention Steps

  7. Module B: Early Intervention Steps 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 Annual Review of IFSP Transition Plan Included in IFSP Child Exits EI

  8. 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

  9. 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

  10. 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)

  11. EI Step 1: Referral 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. See34 CFR Part 303, Subpart G. § 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]

  12. 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]

  13. 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

  14. EI Step 1: Referral Procedures – State Specifics Describe referral procedures • How the referral process works • Who receives referrals

  15. 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]

  16. EI Step 2: Evaluation/Assessment/Eligibility Screening – State Specifics State specifics on screening – if applicable

  17. 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: §§ 300.301-311Evaluation]

  18. 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

  19. 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

  20. 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

  21. EI Step 2: Evaluation/Assessment/Eligibility Child Evaluation & Assessment – State Specifics State-specific info on child evaluation and assessment

  22. 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]

  23. EI Step 2: Evaluation/Assessment/Eligibility Family Assessment – State Specifics State-specific info regarding family assessment

  24. EI Step 2: Evaluation/Assessment/Eligibility Eligibility * 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. See34 CFR 303.5. § 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]

  25. EI Step 2: Evaluation/Assessment/EligibilityDefinition 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: • Cognitive • Physical, including vision and hearing • Communication • Social or emotional • Adaptive

  26. EI Step 2: Evaluation/Assessment/EligibilityDefinition 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:

  27. 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

  28. 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: • Is consistent with the definition of IFSP in § 303.20 • Meets the requirements in §§ 303.342-346 [Compare to Part B: §§ 300.320-328 IEPs/Development]

  29. 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]

  30. EI Step 3: Initial IFSP Meeting/Development of IFSP Accessibility and Convenience of Meetings § 303.342(d) • IFSP meetings must be conducted • In settings and at times that are convenient for the family • 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 • 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]

  31. 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)

  32. EI Step 3: Initial IFSP Meeting/Development of IFSP IFSP Team § 303.343(a)(1) Each IFSP meeting must include the following participants: • The parent/parents of the child • Other family members, as requested by the parent, if feasible to do so • An advocate or person outside of the family, if the parent requests that the person participate • The service coordinator designated by the public agency to be responsible for implementing the IFSP • A person or persons directly involved in conducting the evaluations and assessments in § 303.321 • 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]

  33. 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: • Participating in a telephone conference call • Having a knowledgeable authorized representative attend the meeting • Making pertinent records available at the meeting [Compare to Part B: § 300.322(d) – IEP Meeting without Parent]

  34. 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))

  35. 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

  36. 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)

  37. 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 pre-literacy and language skills, as developmentally appropriate for the child) and family, and the criteria, procedures, and timelines used to determine: The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made Whether modifications or revisions of the expected results or outcomes, or EI services identified in the IFSP are necessary

  38. EI Step 3: Initial IFSP Meeting/Development of IFSPContent 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

  39. EI Step 3: Initial IFSP Meeting/Development of IFSPContent of an IFSP (cont’d) §303.344(e) Other services: • 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 • 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

  40. EI Step 3: Initial IFSP Meeting/Development of IFSPContent 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]

  41. 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: • Parental consent is obtained • An interim IFSP is developed that includes: • The name of the service coordinator who will be responsible for implementing the interim IFSP • The EI services that have been determined to be needed immediately by the child and the child's family • Evaluations and assessments are completed within the 45-day timeline in § 303.310

  42. 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

  43. 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]

  44. 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?

  45. 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

  46. 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]

  47. EI Step 4: Delivery of EI Services Types of Services § 303.13 (b) The following are the types of EI services: (d) The services defined do not comprise an exhaustive list

  48. EI Step 4: Delivery of EI Services State Specifics State specifics here about how services are delivered (e.g., primary provider model, trans-disciplinary coaching), if applicable

  49. 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]

  50. 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: (d) The personnel identified do not comprise an exhaustive list of the types of qualified personnel that may provide EI services

More Related