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Meeting the AT Needs of Preschool Students Under The IDEA

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

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Meeting the AT Needs of Preschool Students Under The IDEA

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  1. Meeting the AT Needs of Preschool Students UnderThe IDEA Ronald M. Hager, Esq., Senior Staff Attorney, National Disability Rights Network, Washington, D.C.

  2. 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 2

  3. Additional Materials for This Session Can be Found at: • AT Advocate Winter 2009-2010 available at http://www.nls.org/av/Winter%2009-10.pdf 3

  4. IDEA Part C: Early Intervention Program • strong emphasis on prevention • 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 much less “educational” 4

  5. Introduction • States required to develop a: • “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 overall implementation 5

  6. Eligibility for Part C • Child must: • be between birth and age two • have developmental delay in one or more of the following: • cognitive development • physical development including vision and hearing 6

  7. Eligibility, continued • 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 7

  8. Part C is Payor of Last Resort • Part C is payor of last resort • Child need not be eligible for Medicaid • But if available, Medicaid or private insurance must be used to pay for early intervention • Use cannot result in reduction of coverage 8

  9. Process Begins with Referral • Comprehensive child find system • State must develop and publicize procedures for referring children • Parents may refer directly 9

  10. Service Coordinator • 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 10

  11. Comprehensive, Multidisciplinary Evaluation • Designed to identify: • 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 11

  12. Evaluation, continued • Must assess functioning level and unique • needs of child in following areas: • Cognitive • Physical • Communication • Social and emotional, and • Adaptive behavior 12

  13. Developing the Individualized Family Service Plan (IFSP) • IFSP must be based on professionally acceptable • objective criteria • IFSP must be written and include: • current level of physical (including vision, health, hearing), cognitive, communication, social or emotional, adaptive development 13

  14. IFSP, continued • Family resources, priorities, concerns (if family agrees) • Expected outcomes and how progress will be evaluated • Services necessary to meet unique needs including; • Frequency, intensity, method of delivering services • Natural environments • Location of services • Payment arrangements, if any 14

  15. IFSP, continued • any services child needs that are not required under Part C • funding sources to pay for those services • name of service coordinator • projected dates for initiation of services • anticipated duration of services • transition plan 15

  16. Services Available are Very Broad, Include: • family training, counseling, home visits • special instruction • speech-language pathology and audiology services • physical therapy • psychological services 16

  17. Available Services, continued • 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 17

  18. Available Services, continued • social work services • vision services • AT devices and AT services • transportation and related costs necessary to receive other services List is not exhaustive 18

  19. Assistive Technology is Covered Service • AT device: • 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 19

  20. AT Service • Directly assists in: • Selection • Acquisition • Use of AT device • Includes training or technical assistance for professionals, individual or family 20

  21. Examples of AT Used by Infants/Toddlers • Manual or power wheelchairs • Specialized strollers or car seats • Specially adapted toys and recreational equipment 21

  22. Examples of AT, continued • Assistive listening devices including hearing aids, personal FM units, CCTV • Assistive feeding devices including electric feeders • Augmentative communication devices 22

  23. Right to Appeal • Right to impartial hearing • Right to confidentiality of records • Stay put • All services not in dispute continue to be provided • All services currently being provided continue to be provided • Systemic complaints 23

  24. Services to preschool students under Part B • 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 24

  25. Transition to Part B • Transition plan must be included in IFSP • Planning meeting must be held at least 90 days before student ages out of Part C • Must ensure uninterrupted provision of services • No stay put for Part C services 25

  26. FAPE and LRE Apply • 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. 26

  27. Transition to School Age Services • Must be a seamless process • Due Process rights apply • Stay put rights apply

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