Md. Code Regs. 13A.13.01.07

Current through Register Vol. 51, No. 18, September 6, 2024

Section 13A.13.01.07 - Development and Review of the IFSP

A. The initial meeting to develop an IFSP for a child evaluated for the first time and determined to be eligible shall be conducted within the 45 days of the referral consistent with 34 CFR § 303.310 and Regulation .05 of this chapter.

B. Maryland IFSP Process.

(1) The Maryland Infants and Toddlers Program shall provide each local lead agency electronic access to the Maryland IFSP.

(2) Each local lead agency shall:

(a) Use the Maryland IFSP, consistent with 34 CFR § 303.344; and

(b) Ensure the development of a child's initial IFSP, in accordance with §A of this regulation, at an IFSP team meeting unless:

(i) The child or parent is unavailable to complete the screening, the initial evaluation, the initial assessment of the child and family, or the initial IFSP due to exceptional family circumstances; or

(ii) The parent has not provided consent for the screening, the initial evaluation or the initial assessment of the child despite documented, repeated attempts by the local lead agency or EIS provider to obtain parental consent.

(3) In the event the circumstances described in §B(2)(b) of this regulations exist, the local lead agency shall:

(a) Document in the child's early intervention record the exceptional family circumstances or repeated attempts by the local lead agency or EIS provider to obtain parental consent;

(b) Complete the screening, the initial evaluation, the initial assessment, and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described in §B(2)(b) of this regulation no longer exist or parental consent is obtained for the initial evaluation and initial assessment of the child;

(c) Develop and implement an interim IFSP to the extent appropriate and consistent with §B of this regulation;

(d) Provide for the signature of the parent and other parties as required on the Maryland IFSP document;

(e) Ensure that early intervention services are provided consistent with 34 CFR §§ 303.13(a)(8), 303.26, and 303.344:

(i) In natural environments, including the home and community settings in which children without disabilities participate, to the maximum extent appropriate; or

(ii) In a setting other than the natural environment that is most appropriate, as determined by the IFSP Team, only when early intervention services cannot be achieved satisfactorily in a natural environment;

(f) Implement the EIS as specified in the IFSP as soon as possible, but not later than 30 days from the date of parent consent, except as provided under 34 CFR § 303.345;

(g) Ensure the provision of service coordination to an eligible child and the child's family, consistent with 34 CFR §§ 303.12 and 303.31, that includes the:

(i) Designation of a service coordinator from the profession most immediately relevant to the child's or family's needs, or who is otherwise qualified to carry out all applicable responsibilities; and

(ii) Assignment of responsibility for the implementation of the IFSP and coordination with other agencies and persons; and

(h) Identify the actions to be taken to support the transition of children receiving early intervention services to preschool or other appropriate services, consistent with 34 CFR §§ 303.209, 303.344(h), and Regulation .09 of this chapter.

C. Interim IFSP.

(1) The EIS for an eligible child and the child's family may commence before the completion of the evaluation and assessments, as described in Regulation .05 of this chapter, if:

(a) It is determined that EIS are needed immediately by the child and the child's family;

(b) Parental consent is obtained; and

(c) An interim IFSP is developed that includes the name of the service coordinator who will be responsible for:

(i) Implementing the interim IFSP; and

(ii) Coordinating with other agencies and persons.

(2) An evaluation and assessment shall still be completed within the 45 days of the referral consistent with 34 CFR § 303.310 and Regulation .05 of this chapter.

D. Periodic IFSP Review.

(1) Periodic review shall provide for the participation of individuals identified in Regulation .06A of this chapter.

(2) When necessary, provisions shall be made for the participation of other representatives identified in Regulation .06A of this chapter.

(3) A periodic review of an IFSP for a child and the child's family shall be conducted every 6 months, or more frequently if conditions warrant, or if the family requests such a review to determine:

(a) The degree to which progress toward achieving the outcomes is being made; and

(b) Whether modification or revision of the outcomes is necessary.

(4) The periodic review may occur:

(a) At an IFSP team meeting; or

(b) By another means that is acceptable to the parents and other participants.

E. Annual IFSP Review.

(1) An IFSP team meeting shall be conducted at least annually to evaluate the IFSP for a child and the child's family, and to revise the provisions of the IFSP, as appropriate.

(2) During the annual IFSP team meeting, the results of any current evaluations conducted in accordance with Regulation .05 in this chapter and other information available from the ongoing assessment of the child and family shall be used to determine what EIS are needed and what EIS will be provided.

Md. Code Regs. 13A.13.01.07

Regulations .07 adopted effective 40:15 Md. R. 1230, eff.8/5/2013