meeting the at needs of preschool students under the idea
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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 - PowerPoint PPT PresentationTRANSCRIPT
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Meeting the AT Needs of Preschool Students Under
The IDEA
Ronald M. Hager, Esq., Senior Staff Attorney,
National Disability Rights Network, Washington, D.C.
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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
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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
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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”
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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
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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
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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
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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
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Process Begins with Referral
Comprehensive child find system
State must develop and publicize procedures for referring children
Parents may refer directly
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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
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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
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Evaluation, continued
Must assess functioning level and uniqueneeds of child in following areas:
Cognitive
Physical
Communication
Social and emotional, and
Adaptive behavior
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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
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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
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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
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Services Available are Very Broad, Include:
family training, counseling, home visits
special instruction
speech-language pathology and audiology services
physical therapy
psychological services
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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
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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
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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
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AT Service
Directly assists in: Selection
Acquisition
Use of AT device
Includes training or technical assistance for professionals, individual or family
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Examples of AT Used by Infants/Toddlers
Manual or power wheelchairs
Specialized strollers or car seats
Specially adapted toys and recreational equipment
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Examples of AT, continued
Assistive listening devices including hearing aids, personal FM units, CCTV
Assistive feeding devices including electric feeders
Augmentative communication devices
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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
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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
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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
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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.
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Transition to School Age Services
Must be a seamless process
Due Process rights apply
Stay put rights apply