1. Meeting the AT Needs of Preschool Students Under The IDEA Ronald M. Hager, Esq., Senior Staff Attorney, National Disability Rights Network, Washington, D.C.

2. 2 This Session Will Focus On: The IDEA Part C Program for infants and toddlers Selected Issues for Preschool students under Part B of the IDEA

3. 3 Additional Materials for This Session Can be Found at: AT Advocate Winter 2009-2010 available at http://www.nls.org/av/Winter%2009- 10.pdf

4. 4 IDEA Part C: Early Intervention Program strong emphasis on prevention services are designed to meet developmental needs of each child the needs of the family related to enhancing childs development due to young age of child, services may be much less educational

5. 5 Introduction States required to develop a: statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families Designate a lead agency that is responsible for overall implementation

6. 6 Eligibility for Part C Child must: be between birth and age two have developmental delay in one or more of the following: cognitive development physical development including vision and hearing

7. 7 Eligibility, continued communication development social or emotional development adaptive development, or diagnosed physical or mental condition high probability of resulting in developmental delay, and at states discretion, at-risk infants and toddlers

8. 8 Part C is Payor of Last Resort Part C is payor of last resort Child need not be eligible for Medicaid But if available, Medicaid or private insurance must be used to pay for early intervention Use cannot result in reduction of coverage

9. 9 Process Begins with Referral Comprehensive child find system State must develop and publicize procedures for referring children Parents may refer directly

10. 10 Service Coordinator Must be appointed by implementing agency Responsible for overall implementation and coordination of services Must be from profession most relevant to child or family needs or otherwise qualified

11. 11 Comprehensive, Multidisciplinary Evaluation Designed to identify: childs unique strengths and needs appropriate services to meet needs family resources, priorities and concerns the supports and services necessary to enhance familys capacity to meet needs Must include review of health and medical records

12. 12 Evaluation, continued Must assess functioning level and unique needs of child in following areas: Cognitive Physical Communication Social and emotional, and Adaptive behavior

13. 13 Developing the Individualized Family Service Plan (IFSP) IFSP must be based on professionally acceptable objective criteria IFSP must be written and include: current level of physical (including vision, health, hearing), cognitive, communication, social or emotional, adaptive development

14. 14 IFSP, continued Family resources, priorities, concerns (if family agrees) Expected outcomes and how progress will be evaluated Services necessary to meet unique needs including; Frequency, intensity, method of delivering services Natural environments Location of services Payment arrangements, if any

15. 15 IFSP, continued any services child needs that are not required under Part C funding sources to pay for those services name of service coordinator projected dates for initiation of services anticipated duration of services transition plan

16. 16 Services Available are Very Broad, Include: family training, counseling, home visits special instruction speech-language pathology and audiology services physical therapy psychological services

17. 17 Available Services, continued service coordination services medical services for diagnostic or evaluation purposes early identification, screening and assessment services health services necessary to benefit from other early intervention services

18. 18 Available Services, continued social work services vision services AT devices and AT services transportation and related costs necessary to receive other services List is not exhaustive

19. 19 Assistive Technology is Covered Service AT device: any item or piece of equipment used to increase, maintain, or improve functional capabilities does not include surgically implanted devices personally prescribed devices may be covered

20. 20 AT Service Directly assists in: Selection Acquisition Use of AT device Includes training or technical assistance for professionals, individual or family

21. 21 Examples of AT Used by Infants/Toddlers Manual or power wheelchairs Specialized strollers or car seats Specially adapted toys and recreational equipment

22. 22 Examples of AT, continued Assistive listening devices including hearing aids, personal FM units, CCTV Assistive feeding devices including electric feeders Augmentative communication devices

23. 23 Right to Appeal Right to impartial hearing Right to confidentiality of records Stay put All services not in dispute continue to be provided All services currently being provided continue to be provided Systemic complaints

24. Services to preschool students under Part B All general rights available to school age students apply States may elect to allow parents to have continue to receive services under Part C until they reach kindergarten age –Services must include an educational component that promotes school readiness –Including pre-literacy, language and numbers 24

25. Transition to Part B Transition plan must be included in IFSP Planning meeting must be held at least 90 days before student ages out of Part C Must ensure uninterrupted provision of services No stay put for Part C services 25

26. FAPE and LRE Apply School district must meet LRE even if it does not operate a public preschool In such cases, if the district determines that placement in a private preschool program is necessary as a means to provide services to a student in the LRE, the program must be at no cost to the family. 71 Fed. Reg. 46589. 26

27. Transition to School Age Services Must be a seamless process Due Process rights apply Stay put rights apply