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Major Changes to the IDEA Part C Regulations

Major Changes to the IDEA Part C Regulations. Draft 92 NAC 52 Draft 480 NAC 3. Screening Procedures.

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Major Changes to the IDEA Part C Regulations

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  1. Major Changes to the IDEA Part C Regulations Draft 92 NAC 52 Draft 480 NAC 3

  2. Screening Procedures • Means activities that are carried out under Draft 92 NAC 52-006.03 by the school district or approved cooperative to identify, at the earliest possible age, infants and toddlers suspected of having a disability and in need of early intervention services. • Screening is not required – an optional procedure • Must be conducted utilizing appropriate instruments by individuals with training to administer those instruments. • The services coordinator provides written notice to parent(s) and obtains informed consent for screening using state-mandated form. Draft 52 006.03A-03E and Draft 480 NAC 3-005a.1 EDN: TA Guidebook 6-1 to 6-3

  3. Screening Procedures • Parent(s) may request an evaluation at any time prior to screening, during screening or if they disagree with the screening results. • If child is suspected of having a disability, or the parent requests an evaluation, the services coordinator provides notice to and obtains informed consent from parent(s) for an initial evaluation and child assessment using state mandated form. • If the child is not suspected of having a disability then the school district or approved cooperative shall ensure that notice of that determination is provided to the parent under Draft 92 NAC 52-009.03B, and that the notice describes the parent’s right to request an evaluation. Draft 52 006.03A-03E and Draft 480 NAC 10-005a.1 EDN: TA Guidebook 6-1 to 6-3

  4. Determining Eligibility The school district or approved cooperative establishes eligibility for early intervention services utilizing developmental delay or any of the other disability categories in Draft 92 NAC 51-006.04 Draft 52 006.04-04B2

  5. Developmental Delay • To qualify for early intervention services in the category of developmental delay the child shall have either: • Diagnosed physical or mental condition that has a high probability of resulting in a substantial developmental delay in the areas described below OR • Significant developmental delay in one or more of the following areas: • Cognitive; • Physical development, including vision and hearing; • Communication • Social or emotional • Adaptive development Draft 92 NAC 52-006.04A2-04A2e EDN: TA Guidebook 8-2

  6. Significant Delay Definition At least 2.0 standard deviations below the mean in one area of development OR At least 1.3 standard deviations below the mean in two areas of development Draft 52 006.04-04B2D EDN: TA Guidebook 7-15 and 8-2

  7. Multidisciplinary Evaluation • Means the procedures used by qualified personnel from the school district/approved cooperative to determine a child’s initial and continuing eligibility • Timely, comprehensive, multidisciplinary evaluation is conducted within 45 calendar days of referral • Multidisciplinary means the involvement of two or more separate disciplinesor professions and with respect to the evaluation of the child may include one individual who is qualified in more than one discipline or profession. Draft 52 -003.16 and 006.05A1 EDN TA Guidebook 7-1 and 7-14

  8. Evaluation A child’s medical and other records may be used to establish eligibility without conducting an evaluation of the child if those records indicate that the child’s level of functioning in one or more developmental areas identified constitutes a developmental delay or meets the criteria for an infant or toddler with a disability. Draft 92 NAC 52-006.05B EDN TA Guidebook 8-3

  9. Informed Clinical Opinion • Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition the school district or approved cooperative shall ensure that informed clinical opinion may be used as an independent basis to establish a child’s eligibility even when other instruments do not establish eligibility. • Informed Clinical opinion may not be used to negate the results of evaluation instruments to establish eligibility… Draft 52 006.05B2; 006.06 EDN TA Guidebook 8-1

  10. Evaluation and Child Assessment • All evaluations and assessments must be conducted by qualified personnel, in a nondiscriminatory manner, and selected and administered so as not be for racially or culturally discriminatory • Unless clearly not feasible to do so, all evaluations and assessments of the child must be conducted in the child’s native language. Draft 92 NAC 52-006.05B2, 006.05C, 006.05C

  11. Procedures for Evaluation • No single procedure may be used • Must include: • Administering an evaluation instrument • Taking the child’s history (including interview with the family) • Identifying level of functioning in each of the developmental domains • To understand the full scope of the child's unique strengths and needs, gathering information from other sources: • Family members • Other caregivers • Medical providers and review of medical records • Social workers and • Educators • Reviewing medical, educational and other records Draft 92 NAC 006.06-006.06A5

  12. Reminder A child’s medical and other records may be used to establish eligibility without conducting an evaluation of the child if those records indicate that the child’s level of functioning in one or more developmental areas identified constitutes a developmental delay or meets the criteria for an infant or toddler with a disability under Draft 92 NAC 52-006.04.

  13. Child determined not eligible • If based on the evaluation and review of records the child is not eligible for services the school district or approved cooperative must provide the parent with prior written notice and include in the notice information about the parents’ right to dispute the eligibility determination through dispute resolution mechanisms (Draft 52 009.05-009.08) such as requesting a due process hearing or mediation or filing a State compliant. • Services coordinator receives a copy of this notice. • Note: Use of an Independent Educational Evaluation is not available for parents to request Draft 92 NAC 52 006.08 EDN TA Guidebook 8-8

  14. Child Assessment • If child is determined eligible for early intervention, then a multidisciplinary child assessment must also be conducted within 45 calendar days of referral. • Multidisciplinary means the involvement of two or more separate disciplines or professions and with respect to the assessment of the child may include one individual who is qualified in more than one discipline or profession. Draft 92 NAC 52 -003.16 and 006.05A2 EDN TA Guidebook 7-16

  15. Procedures for Child Assessment • Conducted by qualified personnel from the school district/approved cooperative to identify: • child's unique strengths and needs, and • Early intervention services appropriate to meet the needs. • Includes: • Review of results of the evaluation • Personal observations of the child • Identification of child’s needs in each of the developmental areas Draft 92 NAC 52 006.07-006.07A3

  16. Procedures for Family Assessment • Voluntary on the part of each family member • Conducted in native language of family • Conducted by services coordinator • Use of assessment tool – selected and administered so as not to be racially or culturally discriminatory Draft 480 NAC 3-006a.4.a EDN TA Guidebook 7-3 and 7-8

  17. Family Assessment - Purpose • To identify: • Family’s daily routines and activities • Options for supporting the child and family • Family’s resources, priorities, and concerns • Assists in IFSP development Draft 480 NAC 3-006 and 008 EDN TA Guidebook Section 9

  18. Multidisciplinary IFSP Team • With respect to the IFSP team – 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 services coordinator. Draft 92 NAC 52-003.16B and Draft 480 NAC 3-008a EDN TA Guidebook 11-1

  19. IFSP Meeting/IFSP Development • The services coordinator: • Arranges, conducts, and chairs the IFSP meeting • Provides written notice to all team members and to the parents in the parent’s native language • Ensures meeting is conducted in parent’s native language • Drafts/develops the IFSP document according to regulatory requirements • Provides a written copy of IFSP and family assessment to parent within 7 days of the IFSP meeting Draft 480 NAC 3-008 and 3-012 EDN TA Guidebook 11-1 and 11-8

  20. IFSP Meeting/IFSP Development • School District: • Participates in IFSP meeting according to regulatory requirements • Ensures meetings/reviews are conducted in parent’s native language or other mode of communication used by the family • Provides a copy of the multidisciplinary report and child assessment to the parent and services coordinator within 7 days of the IFSP meeting. Draft 92 NAC 52-007.01-007.04D; 52-009.02F3 EDN TA Guidebook 11-3 and 11-8

  21. IFSP – Natural Environment • The determination of the appropriate setting for providing early intervention services, including any justification for not providing a particular early intervention service in the natural environment…that must be: • Made by the IFSP Team (which includes the parent and other team members) • Consistent with the provisions in Draft 52-003.14 and 007.06; and • Based on the child’s outcomes that are identified by the IFSP Team. Draft 92 NAC 52-007.04C3-007.04C3c and Draft 480 NAC 3-008f.4(d)vi

  22. IFSP – Child at age 3 For children who are at least three years of age, an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills. Draft 92 NAC 52-007.04C5 and Draft 480 NAC 3-008f.4(e)

  23. IFSP – “Other” services • To the extent appropriate, the IFSP shall include medical and other services that the child’/family may need or is receiving through other sources, but that are not required to be provided nor funded through early intervention. • If those services are not currently being provided, include a description of the steps the services coordinator or family may take to assist the child and family in securing those other services. Draft 480 NAC 3-008f.4(f)

  24. IFSP – Timely Services Projected date of initiation of each early intervention service must be as soon as possible after the parent consents to the service, but not later than 30 days of receipt of parental consent. Draft 92 NAC 52-007.04D and Draft 480 NAC 3-008.f.5

  25. IFSP Implementation • Services coordinator shall: • Coordinate the funding sources for services required under Draft 92 NAC 52 and Draft 480 NAC 3 • Coordinate, facilitate and monitor the delivery of services to ensure the services are provided within 30 days of parental consent. • Contact the family at least monthly to review the progress of the plan and to conduct follow-up activities to determine that appropriate early intervention services are being provided. Draft 480 NAC 10-003g.2, 5, and 6 EDN TA Guidebook 11-4 and 11-9,

  26. Transition • If a toddler with a disability may be eligible for preschool services, with the approval of the family of the toddler, the services coordinator shall convene a conference among the family, team members, and school district or approved cooperative, not fewer than 90 days, and at the discretion of all parties, not more than 9 months, before the toddler’s third birthday to discuss any services the toddler may receive under NDE 92 NAC Rule 51. Draft 92 NAC 52-008.01A and Draft 480 NAC 10-009 EDN TA Guidebook 15-2

  27. Transition • If the school district or approved cooperative determines that a toddler with a disability is not potentially eligible for services under Part B of IDEA, the services coordinator, with the approval of the family, makes reasonable efforts to convene a conference among the family, school district/approved cooperative and providers of other appropriate services for the toddler to discuss services the toddler may receive. Draft 92 NAC 52-008.01B and Draft 480 NAC 3-009.b EDN TA Guidebook 15-3

  28. Transition Conference & Planning • Any transition conference or meeting to develop the transition plan must meet the IFSP meeting requirements, to include the services coordinator providing written notice of the IFSP meeting and Transition Conference to all team members a reasonable time prior to the meeting. • The Services Coordinator, along with the family and IFSP team, must ensure for each toddler with a disability, the transition plan is contained in the IFSP not fewer than 90 days, and at the discretion of all parties, not more than 9 months, before the toddler’s third birthday. Draft 480 NAC 3-009.c.; 480 NAC 3-008 & 480 NAC 3-009.d.5 Draft 92 NAC 52-008.04A -B

  29. Transition – Annual Notice • Services coordinator provides annual notice to the family at the transition conference which shall contain: • A description of the rights of the parents to elect to receive early intervention services or preschool services pursuant to NDE 92 NAC Rule 51; • An explanation of the differences between early intervention services pursuant to NDE Draft 92 NAC Rule 52 and services provided under NDE 92 NAC Rule 51; • The types of services and the locations at which the services are provided • The procedural safeguards that apply; and • Adescription that the IFSP services provided will include an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children who are at least 3 years of age. Draft 480 NAC 3-009.a and EDN:TA Guidebook 15-8

  30. Transition Plan • Must include, as appropriate,: • A review of the program options for the toddler with a disability, for the period from the toddler's third birthday through the remainder of the school year; • The family in the development of the transition plan for the child • Steps for the toddler with a disability and his or her family to exit from the early intervention program to support the smooth transition of the toddler, to include discussions with, and training of, parents, as appropriate, regarding future placements and other matters related to the child’s transition; and procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in a new setting; Draft 480 NAC 3-009.d. and EDN:TA Guidebook 15-8

  31. Transition Plan • Any transition services or other activities that the IFSP Team identifies as needed by the child and family. • Confirmation that the child find information about the child has been transmitted to the designated program if parental consent was obtained. • Transmission of additional information needed, with parental consent, to ensure continuity of services to the receiving program, including a copy of the most recent evaluation and assessments of the child and family and the most recent IFSP. Draft 480 NAC 3-009.d. EDN:TA Guidebook 15-10 and 15-11

  32. Screening, Evaluation, and Assessment Activities

  33. IFSP Meetings and Periodic Reviews

  34. Service Provision

  35. Transition

  36. Procedural Safeguards

  37. Year Round Services • Toddlers with a disability who reach age 3 during the school year shall remain eligible throughout that year. • School year for an infant/toddler means September 1 through August 31. Draft 92NAC 52-003.15D; 003.24 and Draft 480 NAC 3-005.b.

  38. Procedural Safeguards • Access Rights Agencies must comply with a parent’s request to inspect and review records without unnecessary delay and before any meeting regarding an IFSP, or any hearing pursuant to 92 NAC 55, and in no case more than 10 days after the request has been made. Draft 92 NAC 52-009.02B1 and Draft 480 NAC 10-011.a.7

  39. Procedural Safeguards – Surrogate Parent …for children who are wards of the state or placed in foster care, the school district or approved cooperative must consult with the public agency that has been assigned care of the child. Draft 92 NAC 009.04B1

  40. Procedural Safeguards – Notice and Consent for Initial Screening and Child Evaluation and Assessment • Provided by the services coordinator in collaboration with the school district or approved cooperative. • Prior to conducting the initial screening and/or initial Evaluation and Child Assessment (480 NAC 3) Draft 92 NAC 52 006.03A-006.03B1and Draft 480 NAC 3-005a.1.

  41. Procedural Safeguards EDN State Forms • Mandated State forms: • Early Development Network Notice and Consent for Initial Screening • Early Development Network Notice and Consent for Early Intervention Initial Multidisciplinary Evaluation and Child Assessment (EI-2) • IFSP (EI-1) http://edn.ne.gov/cms/policies-procedures/forms Draft 480 NAC 3-015

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