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THE NEW PART C FEDERAL
REGULATIONS
GETTING INTO THE SYSTEM
Orient yourself
IDEA Statute
Code of Federal Regulations
Federal LawIDEA 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-RegulationsSubpart A - Purpose and DefinitionsSubpart B and C – Statewide system requirements, State Application, State AssurancesSubpart D - Child find, Evaluations and Assessments and IFSPSubpart E- Procedural SafeguardsSubpart F- Use of fundsSubpart G- State Interagency Coordinating CouncilSubpart H- State monitoring and enforcement
State Regulations
Texas Administrative Code
Organization of the Changes
Getting Into ServicesDevelopment of the IFSP and Implementation and Ongoing Monitoring of IFSP ServicesTransitionWoven 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
Overarching Change – Family Rights
Requires that a family served in Part C be included in the development of the transition plan (303.209(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 (303.322)
An initial notice is given when a child is referred to part C informing them of their rights regarding confidentiality and records (303.404)
Parental request to view records must be granted no more than 10 days after request (303.405(a))
No cost to parents for copies of evaluations, assessments and IFSPs (303.409(c))
General rule that parental consent is required before any participating Part C agency can release information (303.414)
Overarching Change – Family Rights
Overarching Change – Family Rights
State Complaint
Procedures
Mediation
insert state specifics?
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 (303.117)
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 (303.301 (a) (2))
New primary referral sources (303.303)
All referral sources must refer to Part C “as soon as possible” or no more than 7 days after the child has been identified (303.303)
Child Find “Rigorous standards for appropriately identifying infants and toddlers with disabilities for early intervention services” (303.302 (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
Insert State Specifics
Getting into Services
Within the 45 day timeline the lead agency may conduct a screening prior the evaluation and assessment (303.310).
45 day timeline has not changed
Screening Procedural Safeguards
Provide parent notice of intent to screen including the right to evaluation 303.320(a)(1)(i)Obtain parent consent prior to any screening 303.420(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 (303 320 (a)(2))
Screening can’t
delay the 45-day
timeline!
Insert State Specifics
Evaluation and Assessment
Evaluation MUST include:Administration of an evaluation instrumentReview of child’s historyIdentification of child’s level of functioning in all domainsGathering information from other sources to understand the full pictureReviewing medical or other records. Informed clinical opinion(303.321)
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
resultsPersonal observations of the
childIdentification of the child’s
needs in each developmental area
Addition of a family assessment “tool” with the interview.
O th e r c h a n g e s im p a c tin g e v a lu a tio n a n d a s s e s s m e n t
2 exceptions to the 45 day timeline (303.310 (b))
Definition of Multidisciplinary Team (303.24)
Other changes impacting evaluation and assessment
Native language of the child and parent (303.321(a)(5) and (a)(6))
Insert state specifics
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 (303.344)
Adds pre-literacy and math skills as appropriate to outcomes (303.344)
IFSP Development - Services
Services based on peer reviewed research
Each service provided as soon as possible after parent consent (303.342, 303.344)
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?
Insert state specifics
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.
Insert state specifics
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 insuranceFamily fees or cost participation fees
Written policies must
meet all requirements
in 303.520 and 303.521
Written policies
Payment system and schedule of feesBasis and amount of the feesDefinition of the ability and inability to pay and a process for determiningAssurance regarding services to be provided at no cost (FAPE mandate)Provision regarding failure to provide income informationProvision that permits the lead agency to use Part C funds to pay for some costProcedural safeguards
Insert state specifics
Use of Public Benefits 303.520(a)
May not require parents to enroll in public benefits or insurance programMust obtain consent Must provide written notification to parentsIf parent does not provide consent, the state must still make available those part C services on the IFSP (303.520(a)(iii)Must ensure no cost protection provisions
No cost protection 303.520(a)(ii)(A-D)
Billing the family’s public or private insurance/benefits can not:Decrease available lifetime coverage or any other insured benefitResult in the parents paying for services that would otherwise be covered by the public benefits or insurance programResult in an increase in premiums or discontinuation of public benefits or insuranceCause a loss of eligibility for home and community based waivers based on aggregated health related expenses
Insert state specifics
Use of private insurance 303.520 (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 policyPolicy must be given to the family that identifies any potential cost to them
Insert state specifics
Service Coordinator Duties 303.34
Assist parents in obtaining access to needed services on the IFSP
Coordinate the provision of early intervention and other services
Coordinate evaluations and assessmentsFacilitate and participate in the development,
review and evaluation of the IFSPAssist parents in identifying available service
providersCoordinate, facilitate and monitor the
delivery of IFSP servicesConduct 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.(303.301( c))
Insert state specifics
Notification- 303.209 (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 3rd 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”
TransitionOPT out policy- 303.401(e )
Permits 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.
Insert state specifics
Transition Plan- 303.209
Plan must be included in the IFSPPlan must be established no fewer than 90 days and not more than 9 months before the third birthdayMust 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
Insert state specifics
Transition Conference
Conference must be held with family approval at least 90 days but not more than 9 months before the child’s 3rd birthday (potentially eligible for B) (303.209 (c ))Conference must meet IFSP meeting requirements Conference and IFSP meeting (review or annual) may be combined (303.209 (e ))For children not potentially eligible for Part B, make “reasonable efforts” for conference
Insert state specifics
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.
Insert state specifics
Definitions? Activity? Reflection?
Digging deeper- Resources
Final Federal Regulations for Part C of IDEA 2004
Federal Register: https://www.federalregister.gov/articles/2011/09/28/2011-22783/early-intervention-program-for-infants-and-toddlers-with-disabilities
An html version with targeted links (9/28/2011, effective 10/28/2011).
PDF version: http://www.gpo.gov/fdsys/pkg/FR-2011-09-28/pdf/2011-22783.pdf
OSEP's Part C of the IDEA Website: http://idea.ed.gov/part-c/search/new
Video of Major Changes: http://www.youtube.com/watch?v=w4dwwRIumSA 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: http://www.nectac.org/partc/303regs.asp
