2360.2 Free Appropriate Public Education (FAPE) (34 Code of Federal Regulations (C.F.R.) § 300.101). These rules implement the Individuals with Disabilities Education Improvement Act (IDEA), as amended. These rules provide for the education of children and students between the ages of three through 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in Rule 4313. The Agency may use whatever State, local, federal, and private sources of support are available in the State to meet the requirements of this part. For example, if it is necessary to place a child with a disability in a residential facility, the State could use joint agreements between the agencies involved for sharing the cost of that placement. Nothing in this part relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a child with a disability. Consistent with Rule 2363.1 the Agency shall ensure that there is no delay in implementing a child's IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.
2360.2.1 FAPE for children beginning at age three ( 34 C.F.R. § 300.101) An eligible child shall be entitled to a free appropriate public education beginning no later than the child's third birthday and continuing, unless otherwise provided herein, through 21 years of age. An individualized education program (IEP), rather than an individualized family service plan (IFSP/One Plan), shall be in effect for an eligible child by his or her third birthday. If a child's third birthday occurs during the summer, the child's IEP team shall determine the date when services under the IEP will begin.
2360.2.2 FAPE for students who have graduated ( 34 C.F.R. § 300.102(a)(3)) A student who has graduated from high school with a regular high school diploma shall not be entitled to a FAPE. A student who has not yet graduated and whose entitlement to a FAPE ends because the upper age limit of eligibility is reached as described in Rule 2360.2, may be allowed to complete the remaining academic year with IEP team approval and approval from the Agency of Education.
2360.2.3 FAPE for students who have dropped out of school: If a student drops out of school, that student may return at any time and request to be provided with a FAPE until the student graduates with a high school diploma or the student's entitlement to a FAPE ends because the upper age limit of eligibility is reached as described in Rule 2360.2.
2360.2.4 FAPE for children advancing from grade to grade ( 34 C.F.R. § 300.101(c)) Each LEA shall provide a FAPE to any individual child with a disability, who is eligible for special education, even though the child has not failed or been retained in a course or grade and is advancing from grade to grade. The determination that a child advancing from grade to grade may be eligible for special education shall be made on an individual basis by the child's Evaluation Planning Team (EPT) or IEP team.
2360.2.5 FA P E for students who are incarcerated in adult correctional facilities: (a) For a person between the ages of 18 through age 21:(1) If a person in his or her last educational placement before incarceration had not been identified as a child with a disability who was eligible for special education and did not have an IEP in place, the Department of Corrections will not be mandated to provide a FAPE.(i) The Department of Corrections shall make reasonable efforts to obtain and review whatever information is needed to determine that the incarcerated individual has not been identified as a child eligible for special education and did not have an IEP in his or her last educational placement prior to incarceration in an adult correctional facility.(2) A person who is incarcerated shall be entitled to a FAPE if: (i) The person was provided services through an IEP before incarceration;(ii) The person had been provided services through an IEP, had left school, then was incarcerated; or(iii) The person had not been provided services through an IEP, but had been identified as a child with a disability who was eligible for special education.(3) The following requirements do not apply to incarcerated students aged 18 through 21 ( 34 C.F.R. § 300.324) : (i) The requirement to participate in state or district-wide assessment of student achievement programs; and(ii) The IEP requirements for transition planning and transition services, if the inmate will reach the upper age limit for a FAPE before release from prison based on consideration of sentence and eligibility for early release.(4) Modifications of IEP or placement. (i) The IEP team may modify the student's IEP or placement if the Department of Corrections has demonstrated a bona fide security or other compelling interest that cannot otherwise be accommodated.(ii) The LRE requirements of Rule 2364 do not apply to incarcerated students on IEPs.(b) For incarcerated persons under the age of 18, the Department of Corrections shall ensure that at intake, a screening occurs to identify those who have a disability or who are suspected of having a disability and who are in need of special education. Those who are in need of special education shall be provided with an IEP and re-evaluations as prescribed under Rule 2362.2360.2.6 Residential Placement ( 34 C.F.R. § 300.104) If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non-medical care and room and board, shall be at no cost to the parents of the child.
2360.2.7 Assistive Technology ( 34 C.F.R. § 300.105) (a) Each LEA shall ensure that assistive technology devices or assistive technology services, or both, as those terms are defined in Rule 2361.1, are made available to a student with a disability if required as a part of the student's: (1) Special education services under Rule 2360.2.12;(2) Related services under Rule 2360.2.16; or(3) Supplementary aids and services under Rules 2361.1.(b) On a case-by-case basis, the use of school purchased assistive technology devices in a student's home or in other settings is required if the student's IEP team determines that the student needs access to those devices in those settings in order to receive FAPE ( 34 C.F.R. § 300.105(b)) .(c) A plan to ensure that all instructional materials to be used are available in a usable alternative format which shall meet the National Instructional Materials Accessibility Standard (NIMAS); in accordance with Appendix C to part 300 of title 34 of the Code of Federal Regulations for each student with a disability in accordance with that student's IEP. Such material shall be delivered in a timely manner. A "timely manner" shall mean that schools will ensure that students with print disabilities have access to special instructional materials at the same time as students without print disabilities.2360.2.8 Extended School Year Services ( 34 C.F.R. § 300.106) Each LEA shall ensure that Extended School Year Services (ESY) are available as necessary to provide FAPE consistent with Rule 2363.7 and at no cost to the parents of the child.
2360.2.9 Non-academic services ( 34 C.F.R. § 300.107) (a) Each LEA shall take steps including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP team to provide non-academic and extra-curricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.(b) Non-academic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the LEA, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the LEA and assistance in making outside employment available.2360.2.10 Physical education ( 34 C.F.R. § 300.108) Each LEA shall:
(a) Provide physical education services, specially designed if necessary, that shall be made available to every child with a disability receiving FAPE unless the LEA enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.(b) Afford the opportunity to each eligible child to participate in the regular physical education program available to nondisabled children unless--(1) The child is enrolled full time in a separate facility; or(2) The child needs specially designed physical education as prescribed in the child's IEP.(c) Special physical education. If specially designed physical education is prescribed in a child's IEP, the LEA responsible for the education of that child shall provide the services directly or make arrangements for those services to be provided through other public or private programs.(d) Education in separate facilities. The LEA responsible for the education of an eligible child who is enrolled in a separate facility shall ensure that the child receives appropriate physical education services in compliance with this section. 2360.2.11 Program Options ( 34 C.F.R. § 300.110) Each LEA shall ensure that children receiving special education have available to them the variety of educational programs and services available to nondisabled children in the LEA, including art, music, industrial arts, consumer and homemaking education, and vocational education.
2360.2.12 Special Education Services ( 34 C.F.R. § 300.39) (a) Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education. Specially designed instruction means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child's disability, and to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the State that apply to all children.(b) Special education includes each of the following, if the services otherwise meets the requirements of subsection (a): (1) Speech-language pathology services, or any other related service, if the service is considered special education rather than a related service under State standards;(3) Vocational education; and(c) Individual special education terms defined. The terms in this definition are defined as follows: (1) At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.(2) Physical education means-- (i) The development of-- (A) Physical and motor fitness;(B) Fundamental motor skills and patterns; and(C) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and(ii) Includes special physical education, adapted physical education, movement education, and motor development.(3) Travel training means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to--(i) Develop an awareness of the environment in which they live; and(ii) Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community).(4) Vocational education or technical education means organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.(5) Co-teaching services is the delivery of special education services in the general education classroom provided jointly by the general education classroom teacher and a special education teacher.(i) By selecting the co-teaching services model, the IEP team has determined that there is no compelling reason why the child's instruction cannot be provided jointly in the general education classroom. The general education classroom teacher shall be an active participant in IEP meetings.(ii) The general education and special education teachers will review and document each child's progress towards course objectives and IEP goals.(iii) Should a progress review at any grading period indicate that a child is in danger of failing a course or is not making satisfactory progress towards IEP goals, the IEP team shall meet immediately to:(A) Determine continued co-teaching services or change of placement, and(B) Revise the IEP as appropriate.(iv) In order to offer co-teaching services, the LEA must complete a plan for implementation which includes continuous professional development and submit the plan to the Vermont Agency of Education for approval.(d) To ensure successful post-secondary transition, transition services may be special education, if provided as specially designed instruction, or related services, if required to assist a student to benefit from special education.(1) "Transition services" means a coordinated set of activities for a child with a disability that:(i) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability, and to facilitate the child's movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;(ii) Is based on the individual student's needs, taking into account the student's strengths, preferences, and interests; and includes:(C) Community experiences;(D) The development of employment and other post-school adult living objectives; and(E) If appropriate, acquisition of daily living skills and functional vocational evaluation.2360.2.13 Personnel Qualifications(a) The Vermont Agency of Education has established and maintains qualifications to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities.(b) Related services personnel and paraprofessionals: The qualifications under subsection (a) include qualifications for related services personnel and paraprofessionals that: (1) Are consistent with any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services;(2) Ensure that related services personnel who deliver services in their discipline or profession meet the requirements of subsection(1) and have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; and(3) Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with State law, regulation, or written policy, in meeting the requirements of this part to be used to assist in the provision of special education and related services to children with disabilities.(c) Policy: In implementing this section, the Vermont Agency of Education has a policy that includes a requirement that responsible LEAs in the State take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services under this part to children with disabilities.2360.2.14 Required Forms The Secretary shall develop, make available, and publish a list of required and suggested special education forms for use by LEAs in implementing special education and related services. Responsible agencies shall use the special education forms, which the Secretary designates for required use. The forms provided by the Secretary shall not require more paperwork than is required by federal law and regulation.
2360.2.15 Use of Insurance ( 34 C.F.R. § 154.)(a) Nothing in these regulations or the regulations implementing IDEA is intended to relieve an insurer, Medicaid, or other third party, from an otherwise valid obligation to provide or pay for services to a student who is eligible for special education. An LEA shall use funds from the State Medicaid reimbursement administrative special fund in accordance with 16 V.S.A. § 2959a(e). (1) Children with disabilities who are covered by public insurance.(i) An LEA may use the Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for services required under IDEA Part B, as permitted under the public benefits or insurance program, except as provided in paragraph (1)(ii) of this section.(ii) With regard to services required to provide FAPE to an eligible child under IDEA Part B, the LEA: (A) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child to receive FAPE under these rules;(B) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to IDEA Part B, but pursuant to subsection (4)(ii) below may pay the cost that the parent otherwise would be required to pay;(C) May not use a child's benefits under a public benefits or insurance program if that use would 1) Decrease available lifetime coverage or any other insured benefit;2) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the child outside of the time the child is in school;3) Increase premiums or lead to the discontinuation of benefits or insurance; or4) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures; and(D) Shall obtain informed written parental consent, consistent with Rule 2365.1.3 with notification to parents that the parents' refusal to allow access to their public benefits or insurance does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost to the parents.(2) Children with disabilities who are covered by private insurance. (i) With regard to services required to provide FAPE to an eligible child under IDEA Part B, an LEA may access a parent's private insurance proceeds only if the parent provides informed written consent consistent with Rule 2365.1.3.(ii) Each time the LEA proposes to access the parent's private insurance proceeds, the agency shall (A) Obtain informed written parental consent consistent with (2)(i); and(B) Inform the parents that their refusal to permit the LEA to access their private insurance does not relieve the LEA of its responsibility to ensure that all required services are provided at no cost to the parents.(3) Use of Part B funds. (i) If an LEA is unable to obtain parental consent to use the parent's private insurance, or public insurance when the parent would incur a cost for a specified service required under this part, to ensure FAPE the LEA may use its Part B funds to pay for the service.(ii) To avoid financial cost to parents who otherwise would consent to use private insurance, or public insurance if the parent would incur a cost, the LEA may use its Part B funds to pay the cost that the parents otherwise would have to pay to use the parent's insurance (e.g., the deductible or co-pay amounts).(4) Proceeds from public or private insurance.(i) Proceeds from public or private insurance will not be treated as program income for purposes of 34 C.F.R. § 80.25, Education Agency General Administrative Regulations (EDGAR).(ii) If an LEA spends reimbursements from federal funds (e.g., Medicaid) for services under IDEA Part B, those funds will not be considered "State or local" funds for purposes of the maintenance of effort provisions in 34 C.F.R. § 300.163 Maintenance of State Financial Support and § 300.203 Maintenance of Effort obligation for LEAs.(5) Nothing in these rules should be construed to alter the requirements imposed on a State Medicaid agency, or any other agency administering a public insurance program by federal statute, regulations, or policy under title XIX, or title XXI of the Social Security Act, 42 U.S.C. § 1396 through § 1396.v and 42 U.S.C. § 1397aa through § 1397.jj, or any other public benefits or insurance program.2360.2.16 Related Services ( 34 C.F.R. § 300.34) (a) The term "related services" means transportation and such developmental, corrective, and other supportive services as are required to assist a child who requires special education services to benefit from his or her special education.(b) Exception. Except as provided in Rule 2360.2.18, related services do not include a medical device that is surgically implanted, the optimization of device functioning, maintenance of the device, or the replacement of that device.(c) A child will not be designated as a child who is eligible for special education, if the child needs only a related service, but not special education services.(d) Related services shall include, but are not limited to:(1) Audiology that includes: (i) Identification of children with hearing loss;(ii) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;(iii) Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation;(iv) Creation and administration of programs for prevention of hearing loss;(v) Counseling and guidance of children, parents, and teachers regarding hearing loss; and(vi) Determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.(2) Counseling services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.(3) Early identification and assessment of disabilities in children.(4) Interpreting services, as used with respect to children who are deaf or hard of hearing, includes oral transliteration services, cued language transliteration services, sign language transliteration services, sign language interpreting services, transcription services, such as communication access real-time translation (CART), C-Print, and TypeWell, and special interpretive services for children who are deaf-blind.(5) Medical services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services.(6) Occupational therapy is: (i) Services provided by a qualified occupational therapist; and(ii) Includes:(A) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;(B) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and(C) Preventing, through early intervention, initial or further impairment or loss of function.(7) Orientation and mobility services are:(i) Services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and(ii) Travel training instruction, and teaching students the following, as appropriate: (A) Spatial and environmental concepts and use of information received by the senses (such as sound, temperature, and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);(B) The use of the long cane or a service animal to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;(C) To understand and use remaining vision and distance low vision aids; and(D) Other concepts, techniques, and tools.(8) Parent counseling and training as follows:(i) Assisting parents in understanding the special needs of their child;(ii) Providing parents with information about child development; and(iii) Helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP or IFSP/One Plan.(9) Physical therapy services provided by a qualified physical therapist.(10) Psychological services as in:(i) Administering psychological and educational tests, and other assessment procedures;(ii) Interpreting assessment results;(iii) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;(iv) Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;(v) Planning and managing a program of psychological services, including psychological counseling for children and parents; and(vi) Assisting in developing positive behavioral intervention strategies.(11) Recreation includes: (i) Assessment of leisure function;(ii) Therapeutic recreation services;(iii) Recreation programs in schools and community agencies; and(12) Rehabilitation counseling services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a student with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.(13) School nurse services provided by a qualified school nurse, designed to enable a child with a disability to receive FAPE as described in the child's IEP.(14) Social work services in schools include: (i) Preparing a social or developmental history on a child with a disability;(ii) Group and individual counseling with the child and family;(iii) Working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school;(iv) Mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program; and(v) Assisting in developing positive behavioral intervention strategies.(15) Transportation includes: (i) Travel to and from school and between schools;(ii) Travel in and around school buildings; and(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.(16) Speech-language pathology services include: (i) Provision of speech and language services for the habilitation or prevention of communicative impairments; and(ii) Counseling and guidance of parents, children, and teachers regarding speech and language impairments.(17) Transition services may be related services, if required to assist a child to benefit from special education.2360.2.17 Individual Education Programs (IEP) ( 34 C.F.R. § 300.112) An IEP shall be developed, reviewed, and revised for each child with a disability consistent with Rule 2363.
2360.2.18 Routine checking of hearing aids and external components of surgically implanted medical devices ( 34 C.F.R. § 300.113) (a) Hearing Aids (1) Each LEA shall ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly.(b) Surgically Implanted Devices (1) Each LEA shall ensure that the external components of surgically implanted medical devices are functioning properly.(2) LEAs are not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted or of an external component of the surgically implanted medical device.2360.5 Part C Early Intervention Services. In Vermont, Part C of IDEA is referred to as Children's Integrated Services/Early Intervention (CIS/EI) and is responsible for the provision of early intervention services for eligible children birth up to their third birthday. Part B of IDEA requires LEAs to provide FAPE to eligible children and students from their third birthday through 21 years of age, whereas Part C of IDEA does not require the provision of FAPE. The Agency of Education (AOE) and the Agency of Human Services (AHS) serve as co-lead agencies in Vermont for the implementation of early intervention services under Part C of IDEA.
2360.5.1 Part C and CIS/EI Definitions(a) The following definitions apply to Vermont CIS/EI for use in implementing the State's early intervention program: (1)Child means an individual under the age of six.(2)CIS/EI, the acronym for Children's Integrated Services/Early Intervention (CIS/EI), provides services under Part C of IDEA and is a federally mandated system of early intervention services for children birth up to age three with developmental delays or medical conditions that may lead to developmental delays.(3)Consent means: (i) Parent(s) has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language;(ii) Parent(s) understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released;(iii) Parent(s) understands that the granting of consent is voluntary on the part of the parent, and may be revoked at any time; and(iv) If a parent revokes consent, that revocation is not retroactive (i.e., it does not apply to an action that occurred before the consent was revoked).(4)Day means calendar day, unless otherwise indicated.(5)Developmental Delay is defined as an observable and measurable delay as determined by state approved diagnostic instruments, other appropriate measures including observations, medical records or other records deemed necessary and procedures, emphasizing the use of informed clinical opinion. The delay must be defined in one or more of the following areas: cognitive; communication; adaptive; physical, including vision and hearing; and social or emotional development.(6)Essential Early Education (EEE) is IDEA Part B Early Childhood Special Education services for children ages three up to six. Special education and related services are provided by LEAs to ensure children receive age appropriate services within inclusive early childhood settings, including the child's home, to the extent possible.(7)Evaluation of the Child and Assessment of the Child and Family:(i) Evaluations are procedures used by qualified personnel to determine a child's initial and continuing eligibility under these Rules, consistent with the definition of child with a disability.(ii) Initial Evaluation determines a child's initial eligibility for Part C services and must be completed within the 45-day timeline from date of referral.(iii) Assessment is an ongoing process, by qualified personnel, to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility.(8)Early Intervention Records are records pertaining to a child receiving services that are required to be collected and maintained pursuant to IDEA Part C.(9)Early Intervention Services are developmental services provided to a child with a disability that:(i) Are provided under public supervision;(ii) Are selected in collaboration with the parents;(iii) Are provided at no cost, except where the system of payments policy includes fees;(iv) Are designed to meet the developmental needs of a child with a disability and the needs of the family to assist appropriately in the child's development as identified in the following areas: physical, cognitive, communication, social, emotional, or adaptive development;(v) Meet the standards of the State in which the early intervention services are provided, including the requirements of Part C of the IDEA;(vi) Are provided by qualified personnel;(vii) Are provided in natural environments to the maximum extent appropriate; and(viii) Are provided in accordance with the IFSP/One Plan as defined in these Rules.(10)Early Intervention Service Provider is referred to as "provider," in these rules and means an entity (whether public, private, or nonprofit) or an individual that provides services under Part C of the IDEA, whether or not the entity or individual receives federal funds under Part C of the IDEA.(11)Educational Surrogate Parent is an individual appointed by the AOE to ensure the rights of the child and student are protected when: (i) The parents of the child or student are not known or cannot be located after reasonable efforts;(ii) The child or student is in state custody through the Department of Children and Families or has a public guardian appointed by a Vermont court ( 18 V.S.A. §§ 9301-9316); or(iii) The child or student is an unaccompanied homeless youth as defined in § 725.(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. § 11434a(6)) ( 34 C.F.R. § 300.519(a)(4) )(12)Individualized Family Service Plan (IFSP/One Plan) is a written plan for providing early intervention services to a child with a disability and the child's family that: (i) Is based on evaluation and assessment results;(ii) Includes content required as described in these rules;(iii) Is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained; and(iv) Is developed in accordance with the IFSP procedures set forth in Rule 2360.5.6. One Plan refers to Vermont's revised IFSP and meets all IDEA Part C requirements.
(13)Informed Clinical Opinion makes use of qualitative and quantitative information to assist in forming a determination regarding difficult-to-measure aspects of current developmental status and the potential need for early intervention. Qualified personnel must use informed clinical opinions when conducting an evaluation and assessment of the child in order to make a recommendation as to initial and continuing eligibility for services under Part C and as a basis for planning services to meet child and family needs.(14)Method, Length, Frequency and Intensity, and Duration:(i) Method means how a service is provided (i.e., whether the service is provided through consultation, family education, and/or direct service);(ii) Length means the length of time the service is provided during each session of that service (such as an hour or other specified time period);(iii) Frequency and intensity mean the number of days or sessions that a service will be provided, and whether the service is provided on an individual or group basis; and(iv) Duration means projecting when a given service will no longer be needed (such as when the child is expected to achieve the results or outcomes in his or her IFSP/One Plan).(15)Multidisciplinary is the involvement of two or more separate disciplines or professions with respect to: (i) Evaluation of the child and assessments of the child and family may include one individual who is qualified in more than one discipline or profession; and(ii) Multidisciplinary IFSP/One Plan Team must include the involvement of the parent and two or more individuals from separate disciplines or professions, one of whom must be the Service Coordinator.(16)Native Language with respect to an individual who has limited English proficiency, means: (i) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child; and(ii) For evaluations and assessments conducted, the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment. Native language, when used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, means the mode of communication that is normally used by the individual (such as sign language, Braille, or oral communication).
(17)Natural Environments are settings that are typical for a same aged child without a disability and may include the home or community settings.(18)Parent means: (i) A biological or adoptive parent of a child or student; when attempting to act as the parent and when more than one party is qualified to act as a parent, must be presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational or early intervention services decisions for the child or student;(ii) A foster parent, or developmental home provider who has been appointed the educational surrogate parent by the Vermont Educational Surrogate Parent Program; or(iii) A guardian generally authorized to act as the child's or student's parent, or authorized to make early intervention, education, health or developmental decisions for the child or student (but not the State if the child or student is a ward of the State);(iv) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child or student lives, or an individual who is legally responsible for the child or student's welfare;(v) An educational surrogate parent who has been appointed by the Agency of Education; or(vi) If a judicial decree or order identifies a specific individual to act as the "parent" of a child or student or to make educational decisions on behalf of a child or student, then such individual shall be determined to be the "parent" for purposes of this section, except that the LEA that provides education or care for the child or student may not act as the parent.(19)Personally Identifiable Information is information that includes: (i) The name of the child, the child's parent, or other family member;(ii) The address of the child;(iii) A personal identifier, such as the child's or parent's social security number; or(iv) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty, such as the child's date of birth or disability.(20)Qualified Personnel are individuals who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations or assessments or providing early intervention services. Vermont State approved early interventionists shall hold at least a bachelor's degree in early childhood or a related field and meet any other current requirements.(21)Screening is a process using State approved screening tools and appropriate methods implemented by qualified personnel and/or primary referral source to identify, at the earliest possible age, a child suspected of having a developmental delay and/or disability and in need of an initial evaluation.(22)Service Coordination is a service provided by a Service Coordinator to assist a child and the child's family to receive early intervention services and parental rights. Each eligible child and the child's family must be provided with a Service Coordinator who is responsible for coordinating all services across agency lines and serving as the single point of contact in helping parents to obtain the services and assistance they need. Service coordination is an active, ongoing process that involves: (i) Assisting parents of eligible children in gaining access to, and coordinating the provision of the early intervention services; and,(ii) Coordinating other services identified in the IFSP/One Plan that are needed by, or being provided to, the child with a disability and their family. Specific Service Coordination activities include:
(A) Conducting the family assessment, including interviewing the family;(B) Collecting information on the child's development, including observations of the child;(C) Assisting parents of eligible children in obtaining access to needed early intervention services and other services identified in the IFSP/One Plan, including making referrals to providers for needed services and scheduling appointments for eligible children and their families;(D) Coordinating the provision of early intervention services and other services (such as educational, social, and medical services that are not provided for diagnostic or evaluative purposes) that the child needs or is being provided;(E) Coordinating evaluations and assessments;(F) Facilitating and participating in the development, review, and evaluation of IFSP/One Plans;(G) Conducting referral and other activities to assist families in identifying available providers;(H) Coordinating, facilitating, and monitoring the delivery of services to ensure that the services are provided in a timely manner;(I) Conducting follow-up activities to determine that appropriate Part C services are being provided;(J) Informing families of their parental rights, and related resources;(K) Coordinating the funding sources for services; and(L) Facilitating the development of a transition plan to EEE or, if appropriate, to other services. (23)Specialized Instruction is defined as: (i) The designing of learning environments and activities that promote the child's acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;(ii) Curriculum and intervention planning, including the planned interaction of personnel, materials, time, and space that leads to achieving the outcomes in the IFSP/One Plan;(iii) Providing families with information, skills, and support related to enhancing the development of the child; and(iv) Working with the child to enhance the child's development.(24)Ward of the State is a child who, as determined by the State where the child resides, is:(i) A foster child, unless the child has a foster parent who meets the definition of a parent.(ii) A ward of the State; or(iii) In the custody of a public child welfare agency.2360.5.2 Public Awareness and Child Find (C.F.R. §§ 303.300 - 303.303; § 303.311) (a) By way of the Vermont Part C Interagency Agreement for the provision of Early Intervention Services, the role and responsibilities of regional CIS/EI programs and LEAs shall be detailed and maintained in a regional agreement. LEAs shall act as a primary referral source and participating partner to ensure the provision of early intervention services under IDEA Part C. Each regional CIS/EI program shall serve as the central point of referral for children ages birth up to three years of age who may require early intervention services.(1) Vermont's comprehensive Part C Child Find system includes policies and procedures that are coordinated with all other major efforts to locate and identify children by other State agencies responsible for administering the various health, social service programs, and education to ensure all children who may be eligible for services under Part C are identified, located, and evaluated including: (i) Native American children residing on a reservation geographically located in the State;(ii) Children who are homeless, in foster care, or wards of the State; and(iii) Children who are the subject of a substantiated case of child abuse or neglect; or identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug or alcohol exposure.(2) Regional CIS/EI programs and LEAs shall engage in public awareness and Child Find activities to identify children and their families who may be in need of early intervention services. Regional CIS/EI programs shall prepare, describe, and disseminate materials and information for parents on the availability of early intervention services to all primary referral sources, especially hospitals and physicians.(3) Vermont's comprehensive referral procedures ensure all children who may be eligible for early intervention services are referred as soon as possible, but in no case more than seven days after the child has been identified for referral. Primary referral sources include but are not limited to: (i) Hospitals, including prenatal and postnatal care facilities;(iv) Childcare programs and early learning programs;(v) Local Education Agencies (LEA) Child Find efforts that are coordinated between regional CIS/EI programs and LEAs so that:(A) Each LEA shall act as a primary referral source to locate and screen children who may be suspected of having a developmental delay and/or disability and in need of an initial evaluation to determine eligibility for Part C services. Based on screening results, children who are found to be typically developing do not require a referral for an initial evaluation;(B) LEAs may employ specific elements of screening;(C) LEAs shall notify local CIS/EI programs of all children who may be in need of an initial comprehensive multidisciplinary evaluation for eligibility under Part C;(vi) Public health facilities and social service agencies;(vii) Other clinic and health care providers;(viii) Public agencies and staff in the child welfare system including child protection agencies and foster care services and providers;(ix) Homeless family shelters; and(x) Domestic violence shelters and agencies.(4) Specific referral procedures shall be followed for at-risk children who have been identified as the subject of a substantiated case of child abuse or neglect; or is identified as directly affected by illegal substance or alcohol abuse or withdrawal symptoms resulting from prenatal exposure. (C.F.R § 303.303 ).2360.5.3 Screening (C.F.R. §§ 303.320, 303.421, 303.420) (a) As co-lead agencies, AOE and AHS have adopted procedures outlined in the Part C Interagency Agreement and are specified in regional CIS/EI and LEA agreements, to conduct screenings for children under the age of three suspected of having a disability and may be in need of early intervention services. For children with established diagnosed conditions set forth in § 2360.5.5 screening is not necessary because records establish that the child has a disability and is eligible for Part C services. For children undergoing the screening process, and based on regional agreements, the following must occur: (1) Provide the parent notice of the intent to screen the child to identify whether the child is suspected of having a disability and include in that notice a description of the parent's right to request an initial evaluation at any time during the screening process;(2) Parental consent is obtained prior to conducting screening; and(3) Notice must be provided to the parent if the screening or other available information indicates the child is suspected of having a disability.(b) The 45day timeline begins upon receipt of referral to the regional CIS/EI program. CIS/EI must appoint a service coordinator and contact the family within two working days of referral.(c) CIS/EI will review and/or conduct a screening, and if warranted, an initial evaluation of the child and assessment of the child and family. The IFSP/One Plan meeting must be held within 45 days from the date the regional CIS/EI program receives the referral for the child.(d) If the child is not suspected of having a disability, the CIS/EI provider must ensure that written notice of that determination is provided to the parent, and that the written notice describes the parent's right to request an evaluation.(e) If the parent of the child requests and consents to an evaluation at any time during the screening process, evaluation of the child must be conducted, even if the CIS/EI provider has determined that the child is not suspected of having a disability.(f) Screening procedures are activities that are jointly developed in regional agreements and carried out by the regional CIS/EI provider and/or LEA to identify, at the earliest possible age, a child suspected of having a disability and in need of early intervention services; and include the administration of State approved screening tools and methods by qualified personnel.(g) Condition for Evaluation or Early Intervention Services: For every child under the age of three referred to the regional CIS/EI program or screened in accordance with this section, CIS/EI will:(1) Provide an evaluation for any child suspected of having a disability or if the parent requests an evaluation even if the child is not suspected of having a disability, and/or(2) Offer early intervention services to any child who meets the State definition of a child with a disability.2360.5.4 Evaluation of the Child and Assessment of the Child and Family ( 34 C.F.R. § 303.321) (a) CIS/EI must ensure that, subject to obtaining written parental consent, each child under the age of three referred for evaluation or early intervention services and suspected of having a disability, receives:(1) An eligibility determination based on a timely, comprehensive, multidisciplinary evaluation for initial and/or on-going eligibility and that no single procedure is used as the sole criterion for determining a child's eligibility; or(2) An eligibility determination based on the child's medical and other records, if those records indicate that the child's level of functioning in one or more of the developmental areas constitutes an observable and measurable developmental delay, and as a result, the child is determined eligible as a child with a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay.(b) Once the child's eligibility has been established through an initial evaluation of the child and/or through the use of medical or other records, the initial assessment of the child must be conducted by qualified personnel so that the child receives: (1) A multidisciplinary assessment of the unique strengths and needs of the child and the identification of services appropriate to meet those needs;(2) A voluntary family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of the child. The assessments of the child and family may occur simultaneously with the evaluation to determine initial and/or continuing eligibility and services appropriate to meet the child's needs.(c) Requirements of Evaluations and Assessments:(1) Evaluation means the procedures used by qualified personnel to determine a child's initial and continuing eligibility. An initial evaluation refers to the child's evaluation to determine his or her initial eligibility.(2) Assessment means the ongoing procedures used by qualified personnel to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility and includes the assessment of the child, and the assessment of the child's family. Initial assessment refers to the assessment of the child and the family assessment conducted prior to the child's first IFSP/One Plan meeting.(3) All evaluations and assessments of the child and family must be conducted by qualified personnel in a nondiscriminatory manner and be selected and administered so as not to be racially or culturally discriminatory.(4) All evaluations and assessments of a child and family must be conducted in the native language of the child and family members being assessed, unless it is clearly not feasible to do so.(5) Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the regional CIS/EI programs must ensure that informed clinical opinion may be used as an independent basis to establish a child's eligibility under this part even when other instruments do not establish eligibility; however, in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility.2360.5.4.1 Procedures for Evaluation of the Child(a) An evaluation of the child must be conducted by qualified personnel in a nondiscriminatory manner, selected and administered so as not to be racially or culturally discriminatory in order to determine the child's initial or continuing eligibility. In conducting a multidisciplinary evaluation, no single procedure may be used as the sole criterion for determining a child's eligibility under this part.(1) The evaluation of the child must include the following: (i) Administering a State approved diagnostic instrument;(ii) Documenting the child's history (including interviewing the parent);(iii) Identifying the child's level of functioning in each of the developmental areas;(iv) Gathering information from other sources such as family members, other caregivers, medical providers, social workers, and educators, if necessary, to understand the full scope of the child's unique strengths and needs; and(v) Reviewing medical, educational, or other records.2360.5.4.2 Procedures for Initial and Ongoing Assessment of the Child An assessment of each child with a disability must be conducted by qualified personnel in order to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs. The assessment of the child must include the following:
(a) A review of the results of the evaluation conducted;(b) Personal observations of the child; and(c) An identification of the child's functional needs in each of the developmental areas.2360.5.4.3 Procedures for Assessment of the Family A family-directed assessment must be conducted by qualified personnel in order to identify the family's resources, priorities, and concerns and the supports and services necessary to enhance the family's capacity to meet the developmental needs of the family's child with a disability.
The family-directed assessment must:
(a) Be voluntary on the part of each family member participating in the assessment;(b) Be based on information obtained through an assessment tool and also through a routines-based interview with those family members who elect to participate in the assessment; and(c) Include the family's description of its resources, priorities, and concerns related to enhancing the child's development.2360.5.5 Eligibility ( 34 C.F.R. § 303.21) (a) Child with a disability means a child under three years of age who needs early intervention services because: (1) The child is experiencing an observable and measurable developmental delay, as measured by State approved diagnostic instruments and procedures, in one or more of the following areas: (i) Cognitive development;(ii) Physical development, including vision and hearing;(iii) Communication development;(iv) Social or emotional development;(v) Adaptive development.(2) The child has a diagnosed physical or mental condition that: (i) Has a high probability of resulting in developmental delay; and(ii) Includes conditions such as, but not limited to, chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; disorders secondary to exposure to toxic substances, including fetal alcohol syndrome; and severe complications at birth.(b) For the purposes of this part, 'developmental delay' is defined as a clearly observable and measurable delay in one or more developmental areas (as stated above) and the delayed development shall be at the level that the child's future success in home, school or community cannot be assured without the provision of early intervention services.(c) Eligibility Determination(1) A CIS/EI multidisciplinary team, including parents, shall determine a child's eligibility to receive early intervention services.(2) The child's file or IFSP/One Plan shall clearly document participants involved and the evaluation and procedures used to inform the eligibility determination and provision of early intervention services.(d) Intrastate and Interstate Transfer Eligibility(1) A child determined eligible for early intervention services in one CIS/EI region who relocates to another CIS/EI region continues to be eligible for services without need for another evaluation or determination of eligibility.(2) For a child who relocates to Vermont from another State and who has previously been found eligible to receive early intervention services in that State, the regional CIS/EI team shall review Part C eligibility requirements from the sending State as well as any records forwarded to the regional CIS/EI program in order to determine if the child may be eligible under Vermont's Part C eligibility requirements. If additional evaluations are warranted to determine the child's eligibility in Vermont, written parental consent must be obtained prior to any evaluations being conducted.(e) Determination that a Child is Not Eligible If, based on the initial evaluation, the regional CIS/EI team determines that a child is not eligible under this part, the regional CIS/EI team must provide the parent with prior written notice regarding this determination, and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms under Rule 2365.
2360.5.6 Individualized Family Service Plan (IFSP)/One Plan ( 34 C.F.R. §§ 303.340-303.346) The regional CIS/EI programs shall ensure the development, review, and implementation of an IFSP/One Plan. The plan shall be developed by a multidisciplinary team, which includes the parent for each eligible child. Changes or revisions to the plan must be a team decision.
2360.5.6.1 IFSP/One Plan Meetings and Reviews (a) For a child referred to and subsequently found eligible for the Part C program, a meeting to develop the initial IFSP/One Plan must be conducted within 45 days of receipt of the initial referral to Part C.(b) On at least an annual basis, a meeting shall be conducted to evaluate and revise as appropriate, the IFSP/One Plan for the child and the child's family. The results of any current evaluation and other information available from the assessments of the child and family shall be used in determining the early intervention services that are needed and will be provided.(c) A periodic review of the IFSP/One Plan for a child and the child's family shall occur at least every six months, or more frequently if needed, or requested by the family. The six month review need not take place at a formal meeting but may occur through other means that are acceptable to the parents and other participants. The purpose of the six-month review is to determine: (1) Progress made toward achieving the outcomes identified in the IFSP/One Plan, and(2) Whether modification or revision of the outcomes or services is needed.(d) IFSP/One Plan meetings shall be: (1) Held at least annually;(2) Held in settings and at times that are accessible and convenient for families;(3) Held in the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so;(4) Arranged with, and written notice provided to, the family and other participants early enough before the meeting date to ensure that they will be able to attend;(5) Attended at minimum by: (i) The parent(s) of the child; and(ii) The service coordinator.(6) Also attended by or otherwise include the participation of:(i) Other family members, as requested by the family;(ii) An advocate or person outside the family as requested by the family;(iii) The person(s) directly involved in the evaluation and assessment process; and(iv) As appropriate, the person(s) who will be providing services to the child and/or the family.(7) Participation may include:(i) Sharing information through a telephone call and making pertinent records available; and(ii) Having a knowledgeable authorized representative attend the meeting.2360.5.6.2 Contents of IFSP/One Plan The contents of the IFSP/One Plan shall be fully explained to parents and shall include the following:
(a) A statement of the child's present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development based upon the information from that child's evaluation, assessments, and other relevant records.(b) With the concurrence of the family, a statement of the family's resources, priorities, and concerns related to enhancing the development of the child as identified through the assessment of the family;(c) A statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre and early literacy and language skills, as developmentally appropriate for the child) and family; and the criteria, procedures, and timelines used to determine:(1) The degree to which progress toward achieving the outcomes identified in the IFSP/One Plan is being made; and(2) Whether modifications or revisions of the expected outcomes or services identified in the IFSP/One Plan are necessary.(d) A statement of the specific early intervention services, based on peer reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes, including the: (1) Method of how a service is provided (i.e., whether the service is provided through consultation, family education, and/or direct service);(2) Length of time the service is provided during each session of that service (such as an hour or other specified time period);(3) Frequency and intensity (i.e., the number of days and/or sessions that a service will be provided and whether the service is provided on an individual or group basis); and(4) Projection of the duration of a given service (such as when the child is expected to achieve desired outcomes as stated on his or her IFSP/One Plan).(e) A statement that each early intervention service shall be provided in the natural environment, to the maximum extent appropriate for the child. If early intervention services cannot be provided within the natural environment for the child, the IFSP/One Plan team (which includes the parent and other team members) shall make a determination of the appropriate setting and include a justification for not providing services within the natural environment.(f) The location of services (the actual place or places where a service will be provided);(g) The payment arrangements, if any;(h) Other services needed, but not required by Part C of the IDEA. To the extent appropriate, the IFSP/One Plan must:(1) Identify medical and other services that the child or family needs or is receiving through other sources, but that are not required or funded by Part C of the IDEA; and(2) If those services are not currently being provided, include a description of the steps the Service Coordinator or family may take to assist the child and family in securing those other services;(i) The projected dates for initiation of each early intervention service, which shall be as soon as possible after the parent consents to that service, and not more than 30 days from receipt of written consent by CIS/EI;(j) The anticipated duration of each early intervention service;(k) The name of the Service Coordinator responsible for implementing the early intervention services identified in the child's IFSP/One Plan, including transition services, and coordination with other agencies and persons;(l) The steps and services to be taken to support the transition of the child from regional CIS/EI services to Part B EEE services to the extent that those services are appropriate, or to other appropriate services (e.g., early childhood community-based settings and services, etc.). The steps for transition must include:(1) Discussions with, and training of, parents, as appropriate, regarding future placements and other matters related to the child's transition;(2) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting;(3) Confirmation that Child Find information about the child has been transmitted to the LEA and the State CIS/EI office for transmission to the AOE;(4) With written parental consent, transmission of other information about the child to the LEA, to ensure continuity of services, including a copy of the most recent evaluation and assessments of the child and family and the most recent IFSP/One Plan; and (5) Identification of transition services and other activities that the IFSP/One Plan team determines are necessary to support the transition of the child.2360.5.6.3 Interim IFSP/One Plan Provision of Services Before Evaluation and Assessment Completion ( 34 C.F.R. § 303.345) (a) Early intervention services for an eligible child and the child's family may begin before the completion of the initial evaluation and assessment if the following conditions are met: (1) Informed, written parental consent is obtained;(2) An interim IFSP/One Plan is developed that includes: (i) The name of the Service Coordinator who will be responsible for implementing the interim IFSP/One Plan and coordinating with other agencies and persons; and(ii) The early intervention services that have been determined to be needed immediately by the child and the child's family; and(3) The initial evaluation and assessment and IFSP/One Plan meeting are completed within 45 days of referral.2360.5.6.4 Responsibility and Accountability ( 34 C.F.R. § 303.346) Each participating agency that has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child's IFSP/One Plan. However, Part C of the IDEA does not require that any participating agency be held accountable if an eligible child does not achieve the growth projected in the child's IFSP/One Plan.
2360.5.7 Notifications of Transition at Age Three (C.F.R. § 303.209) AOE and AHS have developed policies and procedures that are also included in the Part C Interagency Agreement to ensure a smooth and effective transition for children with disabilities and their families who transition from Part C services to Part B services at age three.
(a) Regional CIS/EI Notification to LEA of Children Potentially Eligible for EEE at Age Three: Between six months and 90 days before the child's third birthday, the regional CIS/EI program will provide written notification (child's name, date of birth, and parent name, address, and telephone number) to the LEA where the child resides that the child on his/her third birthday will reach the age of eligibility for services under IDEA Part B and the IFSP/One Plan team has determined the child is 'potentially eligible' for EEE services. (1) Potentially Eligible, for the purposes of transition at age three, is determined by the IFSP/One Plan team within six months of a child's third birthday. Evidence is based on on-going assessment measures and use of a State approved diagnostic instrument. A child shall be considered potentially eligible for EEE services if the child demonstrates at least a 25% delay in one or more of the following developmental domains: (i) Speech and language development (receptive and/or expressive communication; including articulation, fluency, and/or voice);(ii) Adaptive development;(iii) Social or emotional development;(iv) Physical development including gross or fine motor skills; and/or(v) Cognitive skills such as perception, memory, processing, and reasoning.(b) Regional CIS/EI Notification to Part C State Office: Between six months and 90 days before the child's third birthday, the regional CIS/EI program will provide written notification (child's name, date of birth, and parent name, address, and telephone number) to the Part C State office only for children who are receiving Part C services and who may be potentially eligible for services under Part B.(c) Part C State Notification: Between six months and not fewer than 90 days before the child's third birthday, the Part C State office will provide written notification (child's name, date of birth, and parent name, address, and telephone number) to the AOE for children who are receiving Part C services and who are considered potentially eligible for services under Part B. The Part C State office will report this information monthly to the AOE.2360.5.8 Late Referral Procedures (a) If the regional CIS/EI program determines that a child is eligible for early intervention services more than 45 days but fewer than 90 days before that child's third birthday the regional CIS/EI must provide transition notification to the LEA where the child resides as soon as possible.(b) If the regional CIS/EI program determines that a child is eligible for early intervention services more than 45 days but fewer than 90 days before that child's third birthday the regional CIS/EI must provide transition notification as soon as possible to the Part C State office after determining eligibility.(c) The Part C State office will provide written notification as soon as possible to the AOE for all children determined eligible for early intervention services more than 45 days but fewer than 90 days before their third birthday.(d) If a child is referred to the regional CIS/EI program fewer than 45 days before their third birthday, the regional CIS/EI program is not required to conduct an initial evaluation, assessment, or initial IFSP meeting. If that child may be potentially eligible for Part B services, the regional CIS/EI, with parental consent, must refer the child to the LEA where the child resides.(e) If a child is referred to the regional CIS/EI program fewer than 45 days before his/her third birthday and may be potentially eligible for Part B services, the regional CIS/EI program must notify, with parental consent, the Part C State office, LEA, and AOE as soon as possible.(f) With parental consent, the Part C State office will provide written notification as soon as possible to the AOE for all children referred fewer than 45 days before their third birthday and who may be potentially eligible for Part B services.2360.5.9 Transition Conference (C.F.R. § 303.209) (a) The AOE and AHS shall ensure that regional CIS/EI and LEA representatives participate in transition planning conferences for those children who are considered potentially eligible for Part B EEE services at age three.(1) With family approval, the regional CIS/EI shall conduct a transition conference for a child with disabilities who is receiving Part C services and who will be exiting the Part C program not fewer than 90 days, and at the discretion of all parties not more than nine months, before the child's third birthday to discuss any services the child may receive under Part B EEE services.(2) Prior to or at the transition conference, families will be provided information about parental rights and procedural safeguards for Part B.(3) If a child is not potentially eligible for Part B EEE services, with the family's approval, the regional CIS/EI program shall make reasonable efforts to convene a conference with the family and community-based providers to discuss other appropriate services that the child may receive.(4) The transition conference must include the regional CIS/EI IFSP/One Plan providers, the family of the child, and an LEA representative.(5) The transition conference or meeting to develop the transition plan must meet the IFSP/One Plan meeting requirements and that the transition conference and the IFSP/One Plan meeting may be combined.(b) Procedures for Transition Plan: AOE and AHS shall ensure that regional CIS/EI and LEA representatives participate in transition planning conferences for children who may be potentially eligible for Part B EEE services. The family's service coordinator is responsible for initiating and scheduling the transition planning conference.
(1) The IFSP/One Plan team, inclusive of the family, shall develop the transition plan and include steps and services to be taken to support the smooth transition of the child from Part C to Part B.(2) The IFSP/One Plan team shall develop a transition plan, as part of a child's IFSP/One Plan, not fewer than 90 days, but at the discretion of all parties up to nine months, prior to the third birthday for all children exiting Part C. The transition plan shall include the following steps and services: (i) A review of program options for the child for the period from the child's third birthday through the remainder of the school year;(ii) Discussion with and training of parents, as appropriate, regarding future options and other matters related to the child's transition;(iii) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to and function in a new setting; and(iv) Identification of transition services and other activities that the IFSP/One Plan Team determines are necessary to support the transition of the child.2360.5.10 Eligibility for EEE Services at Age Three(a) In order to ensure a seamless and effective transition for children with disabilities who receive Part C services and are potentially eligible for Part B services, the AOE will ensure that the LEA provides each child entering Part B EEE services from Part C services an Individualized Education Plan (IEP) developed and implemented by the child's third birthday. The IEP shall include all required components as listed in Rule 2363.7.(b) If a child's birthday occurs during the summer, the child's IEP team shall develop the IEP prior to the end of the current school year in order to have the IEP in effect at the beginning of the new school year. If it is necessary for the child to receive uninterrupted services over the summer months, the IEP team shall determine the date when services begin.(c) A child shall be eligible for EEE services at age three, if the child received consistent (e.g., one 60 minute intervention session per week) specialized instruction, developmental therapy services, or speech and language services through an IFSP/One Plan and the child:(1) Demonstrates a 25% developmental delay, as measured by ongoing assessment and use of a State approved diagnostic instrument, administered by qualified professionals, in one or more of the following developmental domains: (i) Speech and language development (receptive and/or expressive communication; including articulation, fluency, and/or voice);(ii) Adaptive development;(iii) Social or emotional development;(iv) Physical development, including gross or fine motor skills; and/or(v) Cognitive skills such as perception, memory, processing, and reasoning; or(2) The child has a medical condition which may result in significant delays by the child's sixth birthday, and the school-based Evaluation Planning Team (EPT) has determined that the child is in need of Part B EEE services.(d) For the purposes of this section, "medical condition" means a condition diagnosed by a licensed physician such as but not limited to autism, cerebral palsy, Down syndrome, attention deficit disorder with hyperactivity that may result in significant delays by the child's sixth birthday.(e) If the child previously received Part C services, a meeting notice of the initial IEP meeting will be sent to the CIS/EI Part C service coordinator, or other CIS/EI service representative at the request of the parent.(f) For all children who transition from CIS/EI Part C services to Part B EEE services, the IEP team must consider the IFSP/One Plan content when developing the initial IEP (including the natural environments statement).2360.5.10.1 Part C Records Forwarded to LEA: Within 90 days of the child's third birthday and with parental consent, copies of the following IFSP/One Plan records shall be sent to the LEA where the child resides:
(a) A signed consent from the parent to release identifying information to the LEA;(b) Evaluation and procedures used to determine child's potential eligibility for Part B EEE services;(d) Pertinent ongoing assessment reports and contact notes.2360.5.10.2 Consent for Part B Placement and the Initial Provision of Part B Services For children who transition to Part B EEE services, the parent shall be asked to sign consent for:
(a) Their child's placement under Part B for the period of time between the age of three and the date the initial evaluation under Part B is completed.(1) The initial consent for evaluation and placement under Part B shall occur when the child's initial evaluation under Part C expires after three years or sooner if requested by the parent or LEA.(b) Consent for the initial provision of IEP services.