Long title
Individuals with Disabilities Education Act
IDEA
Pub.L. 101-476
104 Stat. 1142
20
1400 et seq.
The Education for All Handicapped Children Act of 1975 started the course of action for early intervention programs. In this Act, public schools that received federal funding were required to provide equal access to education for children with disabilities.[31] Services for infants and toddlers were not included in the Act until the reauthorization in 1986.[32]
On September 6, 2011, the US Department of Education updated the IDEA to include specific interventions for children of ages 2 and under who have disabilities. This section of the IDEA is entitled Part C and serves children with developmental delays or children who have conditions that may lead to future developmental delays. Part C is a $436-million initiative that will be administered at the state level.[33]
On September 28, 2011, the Department of Education published an article in the Federal Register detailing the updates that have been made to Part C of the IDEA.[34] The regulations are effective on October 28, 2011. Major changes in the regulations are detailed below:
More specific details on Early Intervention requirements are found below.
Part C of IDEA[edit]
Individualized Family Service Plan (IFSP)[edit]
An Individualized Family Service Plan (IFSP) is a strengths-based plan of care for the infant/toddler having a developmental delay or disability. The plan is based on a child and family assessment of strengths and needs as well as the results of multidisciplinary evaluations administered by qualified professionals meeting their state's certification guidelines. The IFSP is similar to an IEP in that it addresses specific services; who will provide them and when/where, how often, etc.; is monitored and updated frequently. Unlike an IEP, however, the IFSP addresses the needs of not only the child but also the family to meet their family goals and specified outcomes as relates to assisting in their child's development. All infants and toddlers receiving early intervention services under Part C of IDEA are required to have an IFSP in order to receive services.[35] Part C of IDEA is the program that awards grants to every state in the United States to provide early intervention services to children from birth to age 3 who have disabilities and to their families.[35] Part C of IDEA also allows states to define "developmental delay" (either as a standard deviation or a percent delay in chronological months) for eligibility. States provide early intervention services to the children who have medically diagnosed disabilities as well as children who exhibit developmental delays. Some states opt to expand services to "at risk" infants and toddlers and define in state statutes what constitutes a child at risk for developmental delay.[36] In order to receive funding, participating states must provide early intervention to every eligible child and the respective family, regardless of pay source.[36] Lastly, services from Part C are not necessarily free – early intervention programs, as the payor of last resort, make use of public and private insurance, community resources, and some states implement a "sliding scale" of fees for services not covered by public or private insurance.[37]
Goals for an IFSP[edit]
The goal of an IFSP is to assist the family in meeting their child's developmental needs in order for the infant or toddler (birth to age three) to increase functional abilities, gain independence and mobility, and be an active participant in his/her family and community. Another goal of early intervention in general is to improve a child's functional abilities, particularly in the domains of communication, cognitive ability, and social/emotional well-being in preparation for preschool and later kindergarten so that extensive special education services will not be necessary for the child's academic success.[38] Once an infant/toddler is determined eligible (each state setting its own eligibility requirements), the family identifies whom they would like to participate as part of the IFSP team. The Individuals with Disabilities Education Act (IDEA) Part C requires that the IFSP team consist of the family and at least two early intervention professionals from different disciplines (one being the service coordinator) – consistent with CFR §303.343(a)(1)(iv). However, the family may choose to include other members on the team such as the child's pediatrician, an early- intervention service provider who may be working with the child, a parent advocate or trusted friend/family member.
The IFSP team works with the family to create a "service plan" to address the deficits of the infant or toddler and to assist the family in meeting their goals for their child's (and family's) development. The team uses information that the family provides as well as the results of at least two evaluations, all available medical records, and the informed clinical opinion of the professionals serving on the IFSP team. An initial IFSP is then created with the family.[37] An IFSP will outline the following: