meeting the at needs of preschool students under the idea ronald m. hager, esq., senior staff...

Meeting the AT Needs of Preschool Students Under

The IDEA

Ronald M. Hager, Esq., Senior Staff Attorney,

National Disability Rights Network, Washington, D.C.

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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

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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

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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

child’s development

• due to young age of child, services may be much less “educational”

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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

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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

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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 state’s discretion, at-risk infants and toddlers

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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

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Process Begins with Referral

• Comprehensive child find system

State must develop and publicize procedures for referring children

Parents may refer directly

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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

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Comprehensive, Multidisciplinary Evaluation

Designed to identify:

• child’s unique strengths and needs• appropriate services to meet needs• family resources, priorities and concerns • the supports and services necessary to enhance

family’s capacity to meet needs

Must include review of health and medical records

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Evaluation, continued

Must assess functioning level and uniqueneeds of child in following areas:

Cognitive

Physical

Communication

Social and emotional, and

Adaptive behavior

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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

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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

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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

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Services Available are Very Broad, Include:

• family training, counseling, home visits

• special instruction

• speech-language pathology and audiology services

• physical therapy

• psychological services

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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

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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

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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

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AT Service

Directly assists in:

• Selection

• Acquisition

• Use of AT device

• Includes training or technical assistance for professionals, individual or family

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Examples of AT Used by Infants/Toddlers

• Manual or power wheelchairs

• Specialized strollers or car seats

• Specially adapted toys and recreational equipment

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Examples of AT, continued

• Assistive listening devices including hearing aids, personal FM units, CCTV

• Assistive feeding devices including electric feeders

• Augmentative communication devices

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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

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

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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

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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.

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Transition to School Age Services

• Must be a seamless process

• Due Process rights apply

• Stay put rights apply