THE NEW PART C FEDERAL REGULATIONS GETTING INTO THE SYSTEM

Orient yourself IDEA Statute Code of Federal Regulations

Federal Law IDEA 2004 Reauthorization of previous laws 4 Parts to IDEA Subchapter I – General Provisions Subchapter II – Assistance for Education of all Children with Disabilities Subchapter III – Program for Infants and Toddlers with Disabilities Subchapter IV – National Activities to Improve Education of Children with Disabilities You know you’re are looking at a statute if you see a 1400 or 600 citation

Federal Regulations Regulations are legally binding They give more details than statute Regulations for Subchapter III (Part C) – CFR Title 34, Part 303

Road Map-Regulations Subpart A - Purpose and Definitions Subpart B and C – Statewide system requirements, State Application, State Assurances Subpart D - Child find, Evaluations and Assessments and IFSP Subpart E- Procedural Safeguards Subpart F- Use of funds Subpart G- State Interagency Coordinating Council Subpart H- State monitoring and enforcement

State Regulations Texas Administrative Code

Organization of the Changes Getting Into Services Development of the IFSP and Implementation and Ongoing Monitoring of IFSP Services Transition Woven into the above sections are changes in applicable procedural safeguards and fiscal implications

General comments Not every thing in the text changed Order of sections and numbers all changed

You Tube Link Alexa PosnyArne Duncan

Overarching Change – Family Rights Requires that a family served in Part C be included in the development of the transition plan ( (d)(ii)) Clarifies if the child is not eligible, parent must be given prior written notice including the parent’s rights to dispute the eligibility determination through Part C dispute resolution ( ) An initial notice is given when a child is referred to part C informing them of their rights regarding confidentiality and records ( )

Parental request to view records must be granted no more than 10 days after request ( (a)) No cost to parents for copies of evaluations, assessments and IFSPs ( (c)) General rule that parental consent is required before any participating Part C agency can release information ( ) Overarching Change – Family Rights

State Complaint Procedures Mediation

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GETTING INTO SERVICES THE NEW PART C FEDERAL REGULATIONS

Pre-referral – Central Directory Central Directory of early intervention services must be accessible to the general public and include accurate and updated information ( )

Getting into services: Pre-referral States must have procedures for helping all primary referral sources disseminate information about the availability of early intervention services to parents of infants and toddlers with disabilities ( (a) (2)) New primary referral sources ( ) All referral sources must refer to Part C “as soon as possible” or no more than 7 days after the child has been identified ( )

Child Find “Rigorous standards for appropriately identifying infants and toddlers with disabilities for early intervention services” ( (3)) Added programs for coordination of child find efforts Child Protection and Welfare including CAPTA Family Violence Prevention and Services Act Early Hearing Detection and Intervention (EHDI) Children’s Health Insurance Program (CHIP) Child Care

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Getting into Services Within the 45 day timeline the lead agency may conduct a screening prior the evaluation and assessment ( ). 45 day timeline has not changed

Screening Procedural Safeguards Provide parent notice of intent to screen including the right to evaluation (a)(1)(i) Obtain parent consent prior to any screening (a)(1) If screening is positive- give notice and consent to move to evaluation or, If screening is negative- notify parents of the results and their right to still ask for an evaluation ( (a)(2)) Screening can’t delay the 45-day timeline!

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Evaluation and Assessment Evaluation MUST include: Administration of an evaluation instrument Review of child’s history Identification of child’s level of functioning in all domains Gathering information from other sources to understand the full picture Reviewing medical or other records. Informed clinical opinion ( )

Evaluation and Assessment Clarified evaluation and assessment process Child does not need an evaluation tool if eligibility established though other records. Strengthened informed clinical opinion What Changed?

Changes to Assessment Assessment must include: Review of the evaluation results Personal observations of the child Identification of the child’s needs in each developmental area Addition of a family assessment “tool” with the interview.

Other changes impacting evaluation and assessment 2 exceptions to the 45 day timeline ( (b)) Definition of Multidisciplinary Team (303.24)

Other changes impacting evaluation and assessment Native language of the child and parent ( (a)(5) and (a)(6))

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Definitions? Activity? Reflection? Resources?

IFSP DEVELOPMENT, IMPLEMENTATION, AND ONGOING MONITORING OF THE IFSP THE NEW PART C FEDERAL REGULATIONS

IFSP Development - Outcomes Results or Outcomes ( ) Adds pre-literacy and math skills as appropriate to outcomes ( )

IFSP Development - Services Services based on peer reviewed research Each service provided as soon as possible after parent consent ( , ) Defined length and duration

Services (303.13) 17 services: Added Sign Language and Cued Speech Left in Nursing and Nutrition even though the statute does not list Clarified definition of Assistive Technology Hearing aids and medical devices that are surgically implanted Can you name the other EI Services?

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Re-affirmed Natural Environments Location of services on the IFSP Justification is made by the IFSP team (which includes the parent and other team members) Must be based on the child’s outcome Natural environments means settings that are natural or typical for a same-aged infant or toddler without a disability, may include the home or community settings.

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Payment for Services States may establish a system of payment and must have written policies including: Use of public benefits (Medicaid and state insurance, Tricare) Use of private insurance Family fees or cost participation fees Written policies must meet all requirements in and

Written policies Payment system and schedule of fees Basis and amount of the fees Definition of the ability and inability to pay and a process for determining Assurance regarding services to be provided at no cost (FAPE mandate) Provision regarding failure to provide income information Provision that permits the lead agency to use Part C funds to pay for some cost Procedural safeguards

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Use of Public Benefits (a) May not require parents to enroll in public benefits or insurance program Must obtain consent Must provide written notification to parents If parent does not provide consent, the state must still make available those part C services on the IFSP ( (a)(iii) Must ensure no cost protection provisions

No cost protection (a)(ii)(A-D) Billing the family’s public or private insurance/benefits can not: Decrease available lifetime coverage or any other insured benefit Result in the parents paying for services that would otherwise be covered by the public benefits or insurance program Result in an increase in premiums or discontinuation of public benefits or insurance Cause a loss of eligibility for home and community based waivers based on aggregated health related expenses

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Use of private insurance (b) Must obtain written parental consent:  At the initial IFSP  Each time after if an increase in services is recommended Any cost for use must be included in system of payments policy Policy must be given to the family that identifies any potential cost to them

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Service Coordinator Duties Assist parents in obtaining access to needed services on the IFSP Coordinate the provision of early intervention and other services Coordinate evaluations and assessments Facilitate and participate in the development, review and evaluation of the IFSP Assist parents in identifying available service providers Coordinate, facilitate and monitor the delivery of IFSP services Conduct follow up activities to determine that the appropriate services are being provided Inform families of their rights and procedural safeguards Coordinate funding sources for Part C services Facilitate the development of a transition plan

Service Coordination What Changed?

Definitions? Activity? Reflection? Resources?

TRANSITION THE NEW PART C FEDERAL REGULATIONS

Public Awareness – Part B Lead agency must inform parents of the availability of what is offered under 619 (preschool services) no fewer than 90 days before the child turn three.( ( c))

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Notification (b) (1)(i) For children exiting Part C and potentially eligible for Part B, the lead agency must notify the SEA and LEA no fewer than 90 days before the child’s 3 rd birthday that s/he will reach the age of eligibility for services under Part B Notice includes name, date of birth and contact information Notification to Part B does not require parental consent unless there is a parental “opt out”

Transition OPT out policy (e ) P ermits states to adopt a policy that requires early intervention providers to inform parents of the intended disclosure of personally identifiable information to the SEA and LEA and allows a parent a specified time period to object to the disclosure.

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Transition Plan Plan must be included in the IFSP Plan must be established no fewer than 90 days and not more than 9 months before the third birthday Must include steps for the child and family to exit Part C any transition services that the IFSP team identifies as needed Steps to support the child to preschool Part B, Head start early education, or child care

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Transition Conference Conference must be held with family approval at least 90 days but not more than 9 months before the child’s 3 rd birthday (potentially eligible for B) ( (c )) Conference must meet IFSP meeting requirements Conference and IFSP meeting (review or annual) may be combined ( (e )) For children not potentially eligible for Part B, make “reasonable efforts” for conference

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Late Referrals More than 45, but less than 90 days– notify SEA and LEA “as soon as possible” after determining eligibility Less than 45 days, refer to SEA and LEA with parental consent. Part C does not need to conduct evaluation, assessment or develop an IFSP.

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Definitions? Activity? Reflection?

Digging deeper- Resources Final Federal Regulations for Part C of IDEA 2004 Federal Register: intervention-program-for-infants-and-toddlers-with-disabilities An html version with targeted links (9/28/2011, effective 10/28/2011). intervention-program-for-infants-and-toddlers-with-disabilities PDF version: OSEP's Part C of the IDEA Website: Video of Major Changes: A 20-minute video featuring Alexa Posny, Assistant Secretary of the U.S. Department of Education's Office of Special Education and Rehabilitative Services (OSERS), highlights some of the major changes to the regulations. NECTAC Collection of resources: