Part C Regulations

Introduction

The proposed new regulations for Part C of IDEA are extremely complex, with several proposed new additions. The most dramatic of these is the State option to use Early Intervention for children over age 3 with disabilities. This proposal brings with it added layers of differences in due process, IFSP development, and funding mechanisms. MAC presents the highlights below of these proposals. It will present the procedural safeguards, funds and payor of last resort, and the State Interagency Coordinating Council in the near future. Readers are urged to participate in this reauthorization process. Express your thoughts and ideas to those named in the Submission of Information heading below.

Proposed Part C Regulations for Infants/Toddlers with Disabilities

Highlights of the proposed new regulations for Early Intervention are provided below. Comments must be received by July 23, 2007 through the following forms of submission:

Submission Information

1. Mail to Alexa Posny, U.S. Department of Education, 400 Maryland Ave., SW, Rm. 4109, Potomac Center Plaza, Washington, D.C. 20202-2600.
2. Email. Go to http://www.regulations.gov. Select “Department of Education” from the drop down menu. Click “Submit’. In the Docket ID Column, select ED-2007-OSERS-131 to add or view public comments and to view supporting/related materials available electronically.
3. For more information call Alexa Posny, 202-245-7459, X3.
4. Clearly identify the specific section/sections of the proposed regulations that your comment addresses. Arrange your comments in the same order as the proposed regulations.
5. The regulations are to be read together with the 2004 IDEA Part C statutes. They is found on this website under “EI Law”.
6. While reading, be mindful that the purpose of Part C is to “promote a seamless system of services for infants, toddlers, children, and youth with disabilities birth through 21 years of age.”

Definitions of Proposed Part C

NOTE: THESE HIGHLIGHTS ARE BUT A SMALL PORTION OF THE FULL FEDERAL PROPOSAL. THEY ARE SELECTED BASED UPON COMMON ISSUES FACED BY FAMILIES OF CHILDREN IN EARLY INTERVENTION.

Sec. 303.12(a)- Early Intervention Service Provider. This can be a public, private, nonprofit or an individual providing EI services, whether or not they receive federal funds under Part C.

Sec. 303.13- Early Intervention Services. These are developed by the IFSP Team in collaboration with parents to meet the developmental needs of the infant/toddler, as requested by the family, and reflect the needs of the family. They are to be in natural environments to the maximum extent appropriate.

Sec. 303.13( c )- Qualified Personnel. This now includes registered dieticians (not nutritionists).

Sec. 303.15- Free appropriate Public Education (FAPE). This requirement now applies to children 3 and up, the State having the option to make early intervention services available in lieu of FAPE.

Sec. 303.20- Individualized Family Service Plan (IFSP). It must be implemented as soon as possible after parental consent. It is to be based on the evaluation and assessments performed, following the IFSP requirements at 303.342, 303.343, and 303.345.

Sec. 303.21( c )- The State may give children over 3 who are eligible for services in schools Part C services instead.

Sec. 303.24-Multidisciplinary team. This means the involvement of two or more individuals from separate disciplines/professions, or one individual who is qualified in more than one discipline.

Sec. 303.33- Service coordination Services (case management). Service coordinators are not required to be responsible for identifying funding sources for services not covered under Part C, identified as “other services” on the IFSP. They must assist parents in gaining access to and coordinating EI services needed by the child and child’s family. Job description of service coordinators:

• Coordinate evaluations/assessments
• Facilitate/participate in IFSP development
• Assist families in identifying available Part C services
• Coordinate/monitor delivery of EI services
• Inform parents of their rights, procedural safeguards, related resources
• Coordinate funding sources
• Facilitate transition from Part C program to other services

Sec. 303.102-State Conformity with Part C- Each State receiving Part C funds shall ensure that any State rules, regulations, policies conform to the purposes/requirements of this Part.

Sec. 303.300 ( c )- Eligibility. Criteria and procedures to identify and serve “at risk” infants/toddlers are to be established. Qualified personnel must use their informed clinical opinion to evaluate a child’s present level of functioning in each of the developmental areas in effect at Sec. 303.21(a) (1). Informed clinical opinion may be used to establish a child’s Part C eligibility even when other instruments do not establish eligibility.

Sec. 300.112- Scientifically-based research. Each state system of EI is required to have a policy in effect to ensure that EI services are based on scientific research to the extent practicable.

Sec. 303.115- Child Find. Each statewide system of EI must have a comprehensive child find system that ensures rigorous standards to identify infants/toddlers with disabilities for Part C services to reduce needs for future services.

Sec. 303.120 (f)- Interagency agreements. In addition to formal interagency agreements, there may be other written methods of establishing financial responsibility, as determined by the Governor of the State or the Governor’s designee, and approved by the Secretary through review and approval of the State’s application for Part C funds.
Sec. 303.124- Data collection. States are to adopt data systems for reporting to the federal government. Data is to be timely and accurate.

Sec. 303.126(b)- Placements. When EI cannot be achieved satisfactorily in a natural environment, the parent and IFSP team select a setting that is most appropriate based upon the outcomes identified on the IFSP.

Sec. 303.209(a0 (1)- Transition. Each State will ensure a smooth transition for toddlers and their families leaving EI to attend preschool, school, or other appropriate services, or exit the program. Language is added so that the State can choose to make EI available to children with disabilities ages 3 and older.

Sec. 303.209(a)(3)(ii)-Coordination between Part C and B of IDEA. States shall establish an interagency or intra-agency agreement between services from Parts C and B.

Sec. 303.209(b)(1)- Families in Transition Plan. Each application (to the federal government for funds) must include a description of how families will be included in the transition plan.

Sec. 303.209(b)(2)- Notice before toddler’s 3rd birthday. At least nine months before the toddler’s 3rd birthday, the State shall notify the school district where the child lives that he/she will reach the age of eligibility for preschool under Part B.

Sec. 303.209 ( c) (1)- Transition meeting. The transition conference is to be convened not fewer than 90 days before the toddler’s 3rd birthday.

Sec. 303.210- Collaboration. State efforts will promote collaboration among Early Head Start and Head Start programs, early education and child care programs, and early intervention services.

Sec. 303.211(a)(2)-EI for 3-5. States may choose to serve a subset of children between age 3 and the age when they enter kindergarten. This gives States the flexibility to provide early intervention until the beginning of the school year following the child’s 3rd, 4th, or 5th birthday. This option does not extend to serving only a specific disability group.

Sec. 303.344(a)- IFSP evaluation. Present levels of functioning in the IFSP must be based on the child’s evaluation, objective criteria used to determine present levels of functioning in the developmental areas identified.

Sec. 303.344(d)(4)- IFSPs for age 3 and up. IFSPs for children at least three years of age must include components for school readiness, pre-literacy, language, and numeracy skills.