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Examples of
Provisions of the
Individuals with Disabilities Education Act (IDEA)
IDEA contains two programs
concerning young children with disabilities:
the Preschool Program,
known as Part B or Section 619,
and the Infant/Toddler Program,
known as Part C.
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The Preschool Program
(Part B)
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Includes the following requirements
- All three, four, and five-year-old children with disabilities are entitled to a free, appropriate public education.
- State education agencies are responsible for maintaining a statewide preschool program that includes these essential elements: child find, non-discriminatory testing, assurance of parent rights and family involvement, development of an Individualized Education Program (IEP), placement in the least restrictive environment, the provision of related support services, and transition services.
- Testing and other evaluation procedures determine program eligibility; placement or
programming may not discriminate on the basis of racial or cultural background.
- Testing must be conducted in the childs native language or other mode of communication.
- No single test or procedure may be used as the sole criterion for determining an appropriate educational program.
- A special services team must develop and monitor the childs IEP.
- Related support services (e.g., transportation, psychological counseling, therapy, etc.) must be provided at no cost to children and families participating in the Part B program.
- Parents must be involved in the evaluation, planning, and implementation of their childs educational and therapeutic program.
- Parental consent is required prior to the evaluation and implementation of any special education or related support services.
- Parents must have access to any records or test results pertaining to their child.
- Parental consent is required before these records can be shared among professionals.
- States must provide assurances that local school districts will give parents appropriate notice for meetings.
States must provide assurances that parents are given the opportunity for an impartial due process hearing, which will be conducted by an outside hearing officer, when serious disagreements occur.
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The Infant/Toddler Program
(Part C)
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Includes the following requirements
- Funding is provided to help states develop and implement a comprehensive, family-centered interagency program of early intervention services for children birth through age two.
- The governor of each state must appoint a lead agency to be responsible for developing and implementing the Infant/Toddler Program.
- The governor must appoint a state Interagency Coordinating Council (ICC) composed of parents, providers, legislators, etc. to advise and assist the lead agency.
- At the national level, various federal agencies must work together through the Federal
- Interagency Coordinating Council (FICC) to implement the law.
- States must assure that early intervention services are provided by qualified personnel, and they must have a system for establishing and maintaining standardized certification and licensing policies.
- States must conduct a comprehensive child find and public awareness campaign to assure that all eligible children are referred into the program.
- States must develop their own eligibility requirements. Generally, children are eligible if they have developmental delays or conditions in one or more developmental areas.
- States may extend eligibility to infants and toddlers who are at risk medically or environmentally for developmental delay if early intervention is not provided.
- Early intervention services must include service coordination, a comprehensive multidisciplinary assessment, a written Individualized Family Service Plan (IFSP), and specialized therapeutic services.
- The IFSP must be developed by the special service team and should include a statement of the childs present level of functioning in all areas of development. Parents may consent to include information about the families concerns, resources and priorities relating to their childs development.
- The IFSP includes the criteria, procedures, and timelines used to determine progress toward achieving the stated outcomes, as well as transition issues.
- The IFSP contains a description of the specific early intervention services needed (e.g., family training or counseling, therapies, assistive technology, etc.).
- Services must be provided by qualified personnel in a natural, least restrictive environment, as appropriate to the needs of the child and family.
- Parents must give written consent for services and can opt to refuse some services while consenting to others.
- Procedural safeguards, such as a timely resolution of parental complaints, the right to confidentiality of personally identifiable information, and the right for parents to examine test results and records, are provided.
- Each state is required to designate an individual or agency to assign financial responsibilities as appropriate.
- Early intervention services are provided at no cost to families except where federal or state law provides a system of payments on a sliding fee scale.
If you would like to order a copy of Inclusive Preschool Environments: Strategies for Planning, contact Kaplan Publishing Company
Reproduced from Inclusive Preschool Environments: Strategies for Planning with permission of Author, Hardin, B., Wesley, P., Lohr, L./ Chapel Hill Training-Outreach Project, Inc. and Publisher. No further reproduction is permitted without the express permission of the copyright holder, Author and Publisher. |
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