20 U.S.C. § 1435 : US Code - Section 1435: Requirements for statewide system

Search 20 U.S.C. § 1435 : US Code - Section 1435: Requirements for statewide system

(a) In general
A statewide system described in section 1433 of this title shall
include, at a minimum, the following components:
(1) A rigorous definition of the term "developmental delay"
that will be used by the State in carrying out programs under
this subchapter in order to appropriately identify infants and
toddlers with disabilities that are in need of services under
this subchapter.
(2) A State policy that is in effect and that ensures that
appropriate early intervention services based on scientifically
based research, to the extent practicable, are available to all
infants and toddlers with disabilities and their families,
including Indian infants and toddlers with disabilities and their
families residing on a reservation geographically located in the
State and infants and toddlers with disabilities who are homeless
children and their families.
(3) A timely, comprehensive, multidisciplinary evaluation of
the functioning of each infant or toddler with a disability in
the State, and a family-directed identification of the needs of
each family of such an infant or toddler, to assist appropriately
in the development of the infant or toddler.
(4) For each infant or toddler with a disability in the State,
an individualized family service plan in accordance with section
1436 of this title, including service coordination services in
accordance with such service plan.
(5) A comprehensive child find system, consistent with
subchapter II, including a system for making referrals to service
providers that includes timelines and provides for participation
by primary referral sources and that ensures rigorous standards
for appropriately identifying infants and toddlers with
disabilities for services under this subchapter that will reduce
the need for future services.
(6) A public awareness program focusing on early identification
of infants and toddlers with disabilities, including the
preparation and dissemination by the lead agency designated or
established under paragraph (10) to all primary referral sources,
especially hospitals and physicians, of information to be given
to parents, especially to inform parents with premature infants,
or infants with other physical risk factors associated with
learning or developmental complications, on the availability of
early intervention services under this subchapter and of services
under section 1419 of this title, and procedures for assisting
such sources in disseminating such information to parents of
infants and toddlers with disabilities.
(7) A central directory that includes information on early
intervention services, resources, and experts available in the
State and research and demonstration projects being conducted in
the State.
(8) A comprehensive system of personnel development, including
the training of paraprofessionals and the training of primary
referral sources with respect to the basic components of early
intervention services available in the State that -
(A) shall include -
(i) implementing innovative strategies and activities for
the recruitment and retention of early education service
providers;
(ii) promoting the preparation of early intervention
providers who are fully and appropriately qualified to
provide early intervention services under this subchapter;
and
(iii) training personnel to coordinate transition services
for infants and toddlers served under this subchapter from a
program providing early intervention services under this
subchapter and under subchapter II (other than section 1419
of this title), to a preschool program receiving funds under
section 1419 of this title, or another appropriate program;
and
(B) may include -
(i) training personnel to work in rural and inner-city
areas; and
(ii) training personnel in the emotional and social
development of young children.
(9) Policies and procedures relating to the establishment and
maintenance of qualifications to ensure that personnel necessary
to carry out this subchapter are appropriately and adequately
prepared and trained, including the establishment and maintenance
of qualifications that are consistent with any State-approved or
recognized certification, licensing, registration, or other
comparable requirements that apply to the area in which such
personnel are providing early intervention services, except that
nothing in this subchapter (including this paragraph) shall be
construed to prohibit the use of paraprofessionals and assistants
who are appropriately trained and supervised in accordance with
State law, regulation, or written policy, to assist in the
provision of early intervention services under this subchapter to
infants and toddlers with disabilities.
(10) A single line of responsibility in a lead agency
designated or established by the Governor for carrying out -
(A) the general administration and supervision of programs
and activities receiving assistance under section 1433 of this
title, and the monitoring of programs and activities used by
the State to carry out this subchapter, whether or not such
programs or activities are receiving assistance made available
under section 1433 of this title, to ensure that the State
complies with this subchapter;
(B) the identification and coordination of all available
resources within the State from Federal, State, local, and
private sources;
(C) the assignment of financial responsibility in accordance
with section 1437(a)(2) of this title to the appropriate
agencies;
(D) the development of procedures to ensure that services are
provided to infants and toddlers with disabilities and their
families under this subchapter in a timely manner pending the
resolution of any disputes among public agencies or service
providers;
(E) the resolution of intra- and interagency disputes; and
(F) the entry into formal interagency agreements that define
the financial responsibility of each agency for paying for
early intervention services (consistent with State law) and
procedures for resolving disputes and that include all
additional components necessary to ensure meaningful
cooperation and coordination.
(11) A policy pertaining to the contracting or making of other
arrangements with service providers to provide early intervention
services in the State, consistent with the provisions of this
subchapter, including the contents of the application used and
the conditions of the contract or other arrangements.
(12) A procedure for securing timely reimbursements of funds
used under this subchapter in accordance with section 1440(a) of
this title.
(13) Procedural safeguards with respect to programs under this
subchapter, as required by section 1439 of this title.
(14) A system for compiling data requested by the Secretary
under section 1418 of this title that relates to this subchapter.
(15) A State interagency coordinating council that meets the
requirements of section 1441 of this title.
(16) Policies and procedures to ensure that, consistent with
section 1436(d)(5) of this title -
(A) to the maximum extent appropriate, early intervention
services are provided in natural environments; and
(B) the provision of early intervention services for any
infant or toddler with a disability occurs in a setting other
than a natural environment that is most appropriate, as
determined by the parent and the individualized family service
plan team, only when early intervention cannot be achieved
satisfactorily for the infant or toddler in a natural
environment.
(b) Policy
In implementing subsection (a)(9), a State may adopt a policy
that includes making ongoing good-faith efforts to recruit and hire
appropriately and adequately trained personnel to provide early
intervention services to infants and toddlers with disabilities,
including, in a geographic area of the State where there is a
shortage of such personnel, the most qualified individuals
available who are making satisfactory progress toward completing
applicable course work necessary to meet the standards described in
subsection (a)(9).
(c) Flexibility to serve children 3 years of age until entrance
into elementary school
(1) In general
A statewide system described in section 1433 of this title may
include a State policy, developed and implemented jointly by the
lead agency and the State educational agency, under which parents
of children with disabilities who are eligible for services under
section 1419 of this title and previously received services under
this subchapter, may choose the continuation of early
intervention services (which shall include an educational
component that promotes school readiness and incorporates
preliteracy, language, and numeracy skills) for such children
under this subchapter until such children enter, or are eligible
under State law to enter, kindergarten.
(2) Requirements
If a statewide system includes a State policy described in
paragraph (1), the statewide system shall ensure that -
(A) parents of children with disabilities served pursuant to
this subsection are provided annual notice that contains -
(i) a description of the rights of such parents to elect to
receive services pursuant to this subsection or under
subchapter II; and
(ii) an explanation of the differences between services
provided pursuant to this subsection and services provided
under subchapter II, including -
(I) types of services and the locations at which the
services are provided;
(II) applicable procedural safeguards; and
(III) possible costs (including any fees to be charged to
families as described in section 1432(4)(B)) of this title,
if any, to parents of infants or toddlers with
disabilities;
(B) services provided pursuant to this subsection include an
educational component that promotes school readiness and
incorporates preliteracy, language, and numeracy skills;
(C) the State policy will not affect the right of any child
served pursuant to this subsection to instead receive a free
appropriate public education under subchapter II;
(D) all early intervention services outlined in the child's
individualized family service plan under section 1436 of this
title are continued while any eligibility determination is
being made for services under this subsection;
(E) the parents of infants or toddlers with disabilities (as
defined in section 1432(5)(A) of this title) provide informed
written consent to the State, before such infants or toddlers
reach 3 years of age, as to whether such parents intend to
choose the continuation of early intervention services pursuant
to this subsection for such infants or toddlers;
(F) the requirements under section 1437(a)(9) of this title
shall not apply with respect to a child who is receiving
services in accordance with this subsection until not less than
90 days (and at the discretion of the parties to the
conference, not more than 9 months) before the time the child
will no longer receive those services; and
(G) there will be a referral for evaluation for early
intervention services of a child who experiences a
substantiated case of trauma due to exposure to family violence
(as defined in section 10421 of title 42).
(3) Reporting requirement
If a statewide system includes a State policy described in
paragraph (1), the State shall submit to the Secretary, in the
State's report under section 1437(b)(4)(A) of this title, a
report on the number and percentage of children with disabilities
who are eligible for services under section 1419 of this title
but whose parents choose for such children to continue to receive
early intervention services under this subchapter.
(4) Available funds
If a statewide system includes a State policy described in
paragraph (1), the policy shall describe the funds (including an
identification as Federal, State, or local funds) that will be
used to ensure that the option described in paragraph (1) is
available to eligible children and families who provide the
consent described in paragraph (2)(E), including fees (if any) to
be charged to families as described in section 1432(4)(B) of this
title.
(5) Rules of construction
(A) Services under subchapter II
If a statewide system includes a State policy described in
paragraph (1), a State that provides services in accordance
with this subsection to a child with a disability who is
eligible for services under section 1419 of this title shall
not be required to provide the child with a free appropriate
public education under subchapter II for the period of time in
which the child is receiving services under this subchapter.
(B) Services under this subchapter
Nothing in this subsection shall be construed to require a
provider of services under this subchapter to provide a child
served under this subchapter with a free appropriate public
education.