Return to Legislative Updates| I. Discipline| II. Due Process|
III. Monitoring & Enforcement| IV. IEP's| V. Definition |
VI. Part C Early Intervention| VII. Related Services| VIII. Paperwork Reduction|
IX. Child Medication| X. Research| XI. Funding|

 

VI. PART C EARLY INTERVENTION

  1. Qualified Personnel/Teachers of the Deaf [Current Sec. 632 (4)(F); Senate Sec. 632 (4)(F)(iii); House Sec. 632 (4)(F)]: We encourage the conference committee to adopt the Senate language, which includes teachers of the deaf as qualified personnel. The House bill does not include this provision.

Rationale: Teachers of the deaf are critical in early intervention to help deaf and hard of hearing children avoid language delays and to provide training and information to their parents, most of whom are hearing and unprepared to face the challenges of communicating with their child. With the recent dramatic rise in newborn hearing screening, more infants than ever are being identified with hearing loss early. These children need the services of personnel who can meet their language and communication needs.

  1. Flexibility to Continue Part C Services for Section 619-Eligible Children, at a State's Discretion [House 632(5)(c), 635(c); Senate 632(5)(B), 635(b)]: Without additional resources we are unable to support these sections. CCD urges the conferees to add the following the final bill:

Add a new Sec. 614(d)(1)(B): "In the case of a child previously served under Part C, with the consent of the parent, an invitation to the initial IEP meeting must be sent to the family child’s Part C service coordinator or other representative of the Part C system to assist with a smooth transition of services to the Preschool Program under this part."

Add new Sec. 614(d)(3)(D): "In the case of a child with a disability who was served under Part C and who is eligible for special education and related services in accordance with this part, consistent with the child's goals (as stated in the IEP), the special education and related services provided to the child shall include services that are substantially similar (including in terms of frequency and the environment in which they are provided) to those in the child's last individualized family service plan under Sec. 636, unless the IEP Team agrees otherwise and documents the reasons for its decision in the IEP."

Amend Sec. 619(f) as follows:
(1) in paragraph (4), by striking `or' at the end;
(2) in paragraph (5), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(6) to continue service coordination or case management services for families that received such services under Part C."

Rationale: CCD supports Congressional efforts to create a seamless birth-6 system, but can not support either proposal without the above fix and additional significant funding.

  1. Natural environment [Current, House, and Senate 635 (a)(16)]: We recommend the following language for this provision:

"Policies and procedures to ensure that. . . The provision of early intervention services for any infant or toddler occurs in a setting other than the natural environment, as determined by the individualized family services plan team, which includes the parent, when the early intervention outcome can not be achieved satisfactorily in a natural environment."

Rationale: CCD fully supports the provision of early intervention services in the full range of natural environments, including the child's home, child care, and other community settings. CCD believes, however, that IFSP Team decisions should also be based on the early intervention outcomes/results to be achieved by the provision of early intervention services.

  1. Study of Eligible Children: CCD supports the authorization of a study to determine the targeted number of eligible infants and toddlers in each state. CCD urges the conferees to add a new subsection to IDEA.

“IN GENERAL- The Secretary of Education shall make arrangements to commission a study --

(1) to develop model meanings for `developmental delay' (as defined in section 602(3) and 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432)) for States to use in establishing eligibility for early intervention services under part C and Preschool Services under Part B of the Act; and
(2) to estimate the percentage of each State's population who would receive such services if such models were to be adopted by the State.

Rationale: Poverty, access to health care and other factors influence the incidence of disability in young children. Research is needed to clarify how many infants and toddlers with disabilities within each state are likely to be eligible for Part C services.

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