Project Overview

1. Project Overview *CADRE is the National Center for Appropriate Dispute Resolution in Special Education The following resources were developed in response to requests from CADRE's Part C dispute resolution work group.* These training templates are 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 the Modules, to suggest where LAs might insert and address key state-specific information such as state laws, regulations, policies and procedures.

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 Programs CADRE’s Part C Dispute Resolution Workgroup:Aileen McKenna & Linda Goodman, 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: An Overview of Early Intervention (EI) For Part B Hearing Officers [Module A]

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. 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. Module A: Overview Overall Outcomes of Modules Part C Words and Acronyms to Know Statutes and Regulations Part C Purpose & Findings Lead Agency Designations Key Differences between Parts C & B Overviews of Modules B, C, and D Implementation Issues Technical Assistance & Other EI Resources

6. Overall Outcomes of Modules For Part B hearing officers to: • Develop familiarity with Part C requirements, processes, and procedures • Recognize key differences between Parts B & C • Be knowledgeable about state-specific information relating to Part C • Know where to locate Part C resources

7. Part C Words and Acronyms to Know * NICHCY is the National Dissemination Center for Children with Disabilities OSEP is the US Department of Education Office of Special Education Programs NICHCY and OSEP have developed a training curriculum for The Basics of Early Intervention, including several handouts outlining key EI words and acronyms.* Here are links to these resources: Acronyms in Early Intervention Nine Key Definitions in Early Intervention

8. Federal Statutes IDEA: 20 USC Chapter 33 Part B: Special Education and Related Services for Children with Disabilities Subchapter II – (sections 1411–1419) Part C: Early Intervention for Infants and Toddlers (under three years of age) with Disabilities Subchapter III – (sections 1431–1444)

9. Regulations * ECTA is the Early Childhood Technical Assistance Center Federal Part B: 34 CFR Part 300 Federal Part C: 34 CFR Part 303 ECTA’s list of State Rules and Regulations*

10. Statutes/Rules/Regulations/PoliciesState Specifics May want to link to: • State Statutes • State Rules/Regulations • State Policies & Procedures • State Application, or • State Plan

11. Part C Purpose & Findings Congress established the EI program for infants and toddlers with disabilities in 1986, as Part H of the IDEA. In 1997, Part H changed to Part C, when the IDEA was reauthorized. Congressional findings supported the need to: • Enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life, • Reduce the educational costs to society by minimizing the need for special education and related services when infants and toddlers reach school age,

12. Part C Findings (cont’d) See20 USC § 1431 and NICHCY’s Module 1: The Basics of Early Intervention Trainer’s Guide(2012), pp. 1-3 & 1-4. Maximize the potential for individuals with disabilities to live independently in society, Enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities, and Enhance the capacity of state and local agencies and service providers to identify, evaluate, and meet the needs of all children, particularly minority, low-income, inner city, and rural children and infants and toddlers in foster care. 

13. Lead Agency Designations Note: The list of types of designated Lead Agencies was current as of April 2012. Each state’s EI program has a Lead Agency (LA) designated or established by its governor. The LA is responsible for general administration, supervision, monitoring, funding, and interagency coordination of EI programs and activities in the State. LA designation is subject to change at any time. Many different types of departments/agencies/offices are designated as LAs, including: • Health – 28 states • Education – 13 states • Developmental Services – 4 states • Economic Services/Public Welfare – 3 states • Human Services – 2 states • Early Learning – 2 states • Co-lead agencies (Education & Human Services) in 2 states

14. Lead Agency DesignationState Specifics • STATE’s LA is: Name of the Program/Agency/Dept. • Historical information • Point of interest • Point of interest State Lead Agency Insert image of agency logo

15. Key Differences between Parts C & B

16. 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

17. Module C: Procedural Safeguards • General Responsibility of Each LA • Confidentiality & Records • Parental Consent • Prior Written Notice • Surrogate Parents • Dispute Resolution Options

18. Module D: Administrative Areas • State System Setup • Personnel Standards • Comprehensive System of Personnel Development • Fiscal Issues

19. Implementation Issues Identified Due Process and Mediation Requests • EI Services in the IFSP • Environment/Setting • Family Cost • Evaluation for EI Services • Transition • Eligibility for EI Services • Procedural Safeguard Source: Bradley, M.C., et al. (2011). IDEA National Assessment Implementation Study Final Report. Washington, D.C.: Institute of Education Services National Center for Education Evaluation and Regional Assistance, p.123.

20. And we’re hereto help when you need us…

21. OSEP Policy Letters of Clarification Related to Part CAnalysis of Comments & Changes to Part C Federal Regulations(September 28, 2011) OSEP Resources

22. CADREwww.directionservice.org/cadre/ECTA Centerwww.ectacenter.org/NICHCYnichcy.org/laws/idea/legacy/partcITCAwww.ideainfanttoddler.org/DEC/CECwww.dec-sped.org Technical Assistance & Other EI Resources