1. A rigorous definition of the term ‘developmental delay’ that shall be used by the State in carrying out programs under this part in order to appropriately identify infants and toddlers with disabilities that are in need of services under this part.
2. A State policy that is in effect and that ensures that appropriate early intervention services based on scientifically based research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State and infants and toddlers with disabilities who are homeless children and their families.
3. A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such infant or toddler, to assist appropriately in the development of the infant or toddler.
4. For each infant or toddler with a disability in the State, an individualized family service plan (IFSP) in accordance with section 636, including service coordination services in accordance with such service plan.
5. A comprehensive child find system, consistent with part B, including a system for making referrals to service providers that includes timelines and provides for participation by primary referral sources and that ensures rigorous standards for appropriately identifying infants and toddlers with disabilities for services under this part that will reduce the need for future services.
6. A public awareness program focusing on early identification of infants and toddlers with disabilities, including the preparation and dissemination by the lead agency designated or established under paragraph 10 to all primary referral sources, especially hospitals and physicians, of information to be given to parents, especially to inform parents with premature infants, or infants with other physical risk factors associated with learning or developmental complications, on the availability of early intervention services under this part and of services under section 619, and procedures for assisting such sources in disseminating such information to parents of infants and toddlers with disabilities.
7. A central directory that includes information on early intervention services, resources, and experts available in the State and research and demonstration projects being conducted in the State.
   
8. A comprehensive system of personnel development, including the training of paraprofessionals and the training of primary referral sources with respect to the basic components of early intervention services available in the State that-



A.	shall include-
	1.	implementing innovative strategies and activities for the recruitment and retention of early education providers;
	2.	promoting the preparation of early intervention providers who are fully and appropriately qualified to provide early intervention services under this part; and
	3.	training personnel to coordinate transition services for infants and toddlers served under this part from a program providing early intervention services under this part and under Part B (other than section 619) to a preschool program receiving funds under section 619, or another appropriate program; and
B.	may include-
	1.	training personnel to work in rural and inner city areas; and
	2.	training personnel in the emotional and social development of young children.

9. Policies and procedures relating to the establishment and maintenance of qualifications to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained, including the establishment and maintenance of qualifications that are consistent with any State-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which such personnel are providing early intervention services, except that nothing in this port (including this paragraph) shall be construed to prohibit the use of paraprofessionals and assistants who are appropriately trained and supervised in accordance with State law, regulation, or written policy, to assist in the provision of early intervention services under this part to infants and toddlers with disabilities.
   
10. A single line of responsibility in a lead agency designated or established by the Governor for carrying out -



A.	the general administration and supervision of programs and activities receiving assistance under section 633, and the monitoring of programs and activities used by the State to carry out this part, whether or not such programs or activities are receiving assistance made available under section 633, to ensure that the State complies with this part;
B.	the identification and coordination of all available resources within the State from federal, State, local and private sources;
C.	the assignment of financial responsibility in accordance with section 637(a) (2) to the appropriate agencies;
D.	the development of procedures to ensure that services are provided to infants and toddlers with disabilities and their families under this part in a timely manner pending the resolution of any disputes among public agencies or service providers;
E.	the resolution of intra-interagency disputes; and
F.	the entry into formal interagency agreements that define the financial responsibility of each agency for paying for early intervention services (consistent with State law) and procedures for resolving disputes and that include all additional components necessary to ensure meaningful cooperation and coordination.

11. A policy pertaining to the contracting or making of other arrangements with service providers to provide early intervention services in the State, consistent with the provisions of this part, including the contents of the application used and the conditions of the contract or other arrangements.
12. A procedure for securing timely reimbursements of funds used under this part in accordance with section 640(a).
13. Procedural safeguards with respect to programs under this part, as required by section 639.
14. A system for compiling data requested by the Secretary under section 618 that relates to this part.
15. A State interagency coordinating council that meets the requirements of section 641.
16. Policies and procedures to ensure that, consistent with section 636(d)(5)-
    

    A.	to the maximum extent appropriate, early intervention services are provided in natural environments;
    B.	the provision of early intervention services for any infant or toddler with a disability occurs in a setting other than a natural environment that is most appropriate, as determined by the parent and the individualized family service plan team, only when early intervention cannot be achieved satisfactorily for the infant or toddler in a natural environment.

FLEXIBILITY TO SERVE CHILDREN 3 YEARS OF AGE UNTIL ENTRANCE INTO ELEMENTARY SCHOOL

1.	In General-A statewide system described in section 633 may include a State policy, developed and implemented jointly by the lead agency and the State educational agency under which parents of children with disabilities who are eligible for services under section 619 and previously received services under this part, may choose the continuation of early intervention services (which shall include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills) for such children under this part until such children enter, or are eligible under State law to enter kindergarten.
2.	REQUIREMENTS- If a statewide system includes a State policy described in paragraph (1), the statewide system shall ensure that-
	A. parents of children with disabilities served pursuant to this subsection are provided annual notice that contains- i. a description of the rights of such parents to elect to receive services pursuant to this subsection or under part B; and ii. an explanation of the differences between services provided pursuant to this subsection and services provided under part B, including- I types of services and the locations at which services are provided; II applicable procedural safeguards; and III possible costs (including any fees to be charged to families as described in section 632(4)(B)), if any, to parents of infants or toddlers with disabilities; B. services provided pursuant to this subsection include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills; C. the State policy will not affect the right of any child served pursuant to this subsection to instead receive a free appropriate public education under Part B; D. all early intervention services outlined in the child’s individualized family service plan under section 636 are continued while any eligibility determination is being made for services under this subsection; E. the parents of infants or toddlers with disabilities (as defined in section 632(5)(A) provide informed written consent to the State, before such infants or toddlers reach 3 years of age, as to whether such parents intend to choose the continuation of early intervention services pursuant to this subsection for such infants or toddlers; F. the requirements under section 637(a)(9) shall not apply with respect to a child who is receiving services in accordance with this subsection until not less than 90 days (and at the discretion of the parties to the conference, not more than 9 months)before the time the child will no longer receive those services; and G. there will be a referral for evaluation for early intervention services of a child who experiences a substantial case of trauma due to exposure to family violence (as defined in section 320 of the Family Violence Prevention and Services Act).
3.	REPORTING REQUIREMENT- If a statewide system includes a State policy described in paragraph 1, the State shall submit to the Secretary, in the State’s report under section 637(b)(4)(A), a report on the number and percentage of children with disabilities who are eligible for services under section 619 but whose parents choose for such children to continue to receive early intervention services under this part.
4.	AVAILABLE FUNDS- If a statewide system includes a State policy described in paragraph 1, the policy shall describe the funds (including identification as federal, State, or local funds) that will be used to ensure that the option described in paragraph 1 is available to eligible children and families who provide the consent described in paragraph (2)(E), including fees (if any) to be charged to families as described in section 632 (4)(B).
5.	RULES OF CONSTRUCTION-
	A.	SERVICES UNDER PART B. If a statewide system includes a State policy described in paragraph 1, a State that provides services in accordance with this subsection to a child with a disability who is eligible for services under section 619 shall not be required to provide the child with a free appropriate public education under Part B for the period of time in which the child is receiving services under this part.
	B.	SERVICES UNDER THIS PART-Nothing in this subsection shall be construed to require a provider of services under this part to provide a child served under this part with a free appropriate public education.

CONTENT OF PLAN- The individualized service plan shall be in writing and contain-

1. a statement of the infant’s or toddler’s present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria;
2. a statement of the family resources, priorities, and concerns relating to enhancing the development of the family’s infant or toddler with a disability;
3. a statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre-literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary;
4. a statement of specific early intervention services based on peer-reviewed research, to the extent practicable, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity and method of delivering services;
5. a statement of the natural environments in which early intervention services will appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment;
6. the projected dates for initiation of services and the anticipated length, duration and frequency of the services;
7. the identification of the service coordinator from the profession most immediately relevant to the infant’s or toddler’s or family’s needs (or who is otherwise qualified to carry out all applicable responsibilities under this part) who will be responsible for the implementation of the plan and coordination with other agencies and persons, including transition services; and
8. the steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services.

SUBSEQUENT STATE APPLICATION- If a State has on file with the Secretary a policy, procedure, or assurance that demonstrates that the State meets a requirement of this section, including any policy or procedure filed under this part (as in effect before the date of enactment of the Individuals With Disabilities Education Improvement Act of 2004), the Secretary shall consider the State to have met the requirement for purposes of receiving a grant under this part.

MODIFICATIONS REQUIRED BY THE SECRETARY- The Secretary may require a State to modify its application under this section, but only to the extent necessary to ensure the State’s compliance with this part, if-

1. an amendment is made to this title, or a federal regulation issued under this title;
2. a new interpretation of this title is made by a Federal court or the State’s highest court; or
3. an official finding of noncompliance with Federal law or regulations is made with respect to the State.

1. The timely administrative resolution of complaints by parents. Any party aggrieved by the findings shall have the right to bring a civil action with respect to the complaint in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. In any action brought under this paragraph, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.
2. The right to confidentiality of personally identifiable information, including the right of parents to written notice of written consent to the exchange of such information among agencies consistent with federal and State law.
3. The right of the parents to determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service under this part in accordance with State law without jeopardizing other early intervention services under this part.
   
4. The opportunity for parents to examine records, relating to assessment, screening, eligibility determinations, and the development and implementation of the individualized family service plan.
   
5. Procedures to protect the rights of the infant or toddler whenever the parents of the infant or toddler are not known or cannot be found or the infant or toddler is a ward of the State, including the assignment of an individual (who shall not be an employee of the State lead agency, or other State agency, and who shall not be any person, or any employee of a persons, providing early intervention services to the infant or toddler or any family member of the infant or toddler) to act as a surrogate for the parents.
6. Written prior notice to the parents of the infant or toddler with a disability whenever the State agency or service provider proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, or placement of the infant or toddler with a disability, or the provision of appropriate early intervention services to the infant or toddler.
   
7. Procedures designed to ensure that the notice required by paragraph (6) fully informs the parents, in the parents’ native language, unless it clearly is not feasible to do so, of all procedures available pursuant to this section.
8. The right of parents to use mediation in accordance with Section 615, except that-
   

   A.	any reference in the section to a State educational agency shall be considered to be a reference to a State’s lead agency established or designated under Section 635(a)(10);
   B.	any reference in the section to a local educational agency shall be considered to be a reference to a local service provider or the State’s lead agency under this part, as the case may be; and
   C.	any reference in the section to the provision of a free appropriate public education to children with disabilities shall be considered to be a reference to the provision of appropriate early intervention services to infants and toddlers with disabilities.

NONSUBSTITUTION- Funds provided under section 643 may not be used to satisfy a financial commitment for services that would have been paid for from another public or private source, including any medical program administered by the Secretary of Defense, but for the enactment of this part, except that whenever considered necessary to prevent delay in the receipt of appropriate early intervention services by an infant, toddler or family in a timely fashion, funds provided under section 643 may be used to pay the provider of services pending reimbursement from the agency that has ultimate responsibility for the payment.

OBLIGATIONS RELATED TO AND METHODS OF ENSURING SERVICES.

1. ESTABLISHING FINANCIAL RESPONSIBILITY FOR SERVICES-
   

   A.	in general- The Chief Executive Officer of a State or designee of the officer shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency and the designated lead agency, in order to ensure-
   	i.	the provision of, and financial responsibility for, services provided under this part; and
   	ii.	such services are consistent with the requirements of section 635 and the State’s application pursuant to section 637, including the provision of such services during the pendency of any such dispute.
   	iii.
   B.	CONSISTENCY BETWEEN AGREEMENTS OR MECHANISMS UNDER PART B.- the Chief Executive Officer of a State or designee of the officer shall ensure that the terms and conditions of such agreement or mechanism under section 612(a)(12) , where appropriate

2. REIMBURSEMENT FOR SERVICES BY PUBLIC AGENCY.
   

   A.	IN GENERAL.- If a public agency other than an educational agency fails to provide or pay for the services pursuant to an agreement required under paragraph(1), the local educational agency or State agency (as determined by the Chief Executive Officer or designee) shall provide or pay for the provision of such services to the child.
   B.	REIMBURSEMENT- Such local educational agency or State agency is authorized to claim reimbursement for the services from the public agency that failed to provide or pay for such services and such public agency pursuant to the terms of the interagency agreement or other mechanism required under paragraph (1).

3. SPECIAL RULE. The requirements of paragraph (1) may be met through-
   

   A.	State statute or regulation
   B.	Signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or
   C.	Other appropriate written methods as determined by the Chief Executive Officer of the State or designee of the officer and approved by the Secretary through the review and approval of the State’s application pursuant to section 637.

1. IN GENERAL- A State that desires to receive financial assistance under this part shall establish a State interagency coordinating council.
2. APPOINTMENT- The council shall be appointed by the Governor. In making appointments to the council, the Governor shall ensure that the membership of the council reasonably represents the population of the State.
3. CHAIRPERSON- The Governor shall designate a member of the council to serve as the chairperson of the council, or shall require the council to so designate such a member. Any member of the council who is a representative of the lead agency designated under section 635(a)(10) may not serve as the chairperson of the council.

COMPOSITION -

1. IN GENERAL- The council shall be composed as follows:
   

   A.	PARENTS- Not less than 20 percent of the members shall be parents of infants or toddlers with disabilities or children with disabilities aged 12 or younger, with knowledge of, or experience with, programs for infants and toddlers with disabilities. Not less than 1 such member shall be a parent of an infant or toddler with a disability or a child with a disability aged 6 or younger.
   B.	SERVICE PROVIDERS- Not less than 20 percent of the members shall be public or private providers of early intervention services.
   C.	STATE LEGISLATURE- Not less than 1 member shall be from the State legislature.
   D.	PERSONNEL PREPARATION- Not less than 1 member shall be involved in personnel preparation.
   E.	AGENCY FOR EARLY INTERVENTION SERVICES- Not less than 1 member shall be from each of the State agencies involved in the provision of, or payment for, early intervention services to infants and toddlers with disabilities and their families and shall have sufficient authority to engage in policy planning and implementation on behalf of such agencies.
   F.	AGENCY FOR PRESCHOOL SERVICES- Not less than 1 member shall be from the State educational agency responsible for preschool services to children with disabilities and shall have sufficient authority to engage in policy planning and implementation on behalf of such agency.
   G.	STATE MEDICAID AGENCY- Not less than 1 member shall be from the agency responsible for the State Medicaid program.
   H.	HEAD START AGENCY- Not less than 1 member shall be a representative from a head Start agency or program in the State.
   I.	CHILD CARE AGENCY- Not less than 1 member shall be a representative from a State agency responsible for child care.
   J.	AGENCY FOR HEALTH INSURANCE- Not less than 1 member shall be from the agency responsible for the State regulation of health insurance.
   K.	OFFICE OF THE COORDINATOR OF EDUCATION OF HOMELESS CHILDREN AND YOUTH- Not less than 1 member shall be a representative designated by the Office of Coordinator for Education of Homeless Children and Youths.
   L.	STATE FOSTER CARE REPRESENTATIVE- Not less than 1 member shall be a representative from the State child welfare agency responsible for foster care.
   M.	MENTAL HEALTH AGENCY- Not less than 1 member shall be a representative from the State agency responsible for children’s mental health.

2. OTHER MEMBERS- The council may include other members selected by the Governor, including a representative from the Bureau of Indian Affairs (BIA), or where there is no BIA-operated or BIA-funded school, from the Indian Health Service or the tribe or council.

FUNCTIONS OF COUNCIL

1. DUTIES- The council shall-
   

   A.	advise and assist the lead agency designated or established under section 635(a)(10) in the performance of the responsibilities set forth in such section, particularly the identification of the sources of fiscal and other support of financial responsibility to the appropriate agency, and the promotion of the interagency agreements;
   B.	advise and assist the lead agency in the preparation of applications and amendments thereto;
   C.	advise and assist the State educational agency regarding the transition of toddlers with disabilities to preschool and other appropriate services; and
   D.	prepare and submit an annual report to the Governor and to the Secretary on the status of early intervention programs for infants and toddlers with disabilities and their families operated within the State.

2. AUTHORIZED ACTIVITY- The council may advise and assist the lead agency and the State educational agency regarding the provision of appropriate services for children from birth through age 5. The council may advise appropriate agencies in the State with respect to the integration of services for infants and toddlers with disabilities and at-risk infants and toddlers and their families, regardless of whether at-risk infants and toddlers are eligible for early intervention services in the State.