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Posts Tagged ‘early intervention’

When peer-reviewed research indicates that a certain frequency and duration of Early Intervention service is essential, child’s IFSP must so state

Wednesday, May 11th, 2011

Letter to Kane, 55 IDELR 203 (OSEP  2010): Responding to an inquiry from an early intervention service provider, the United States Department of Education, Office of Special Education Programs (OSEP) stated that when peer-reviewed research provides for a certain frequency and duration of an early intervention service being an integral part of the services effectiveness, the child’s Individual Family Services Plan (IFSP) must so state.  This is based on the requirement in Part C of the Individuals with Disabilities Education Act (IDEA) for a child’s IFSP to include “a statement of specific early intervention services based on peer-reviewed research, to the extent appropriate, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services.”

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Students who move out of state or turn age 3 remain eligible for compensatory education services under Part C of the IDEA.

Friday, March 25th, 2011

Letter to Whipple, 54 IDELR 262 (OSEP 2009):  The U.S. Department of Education, Office of Special Education Programs (OSEP) has stated that although in general only children residing within the state from birth to age two are eligible for Early Intervention services under Part C of the IDEA, states may be required to provide compensatory education services to children who have turned age three or who no longer reside within the state.  OSEP stated that if a written decision in response to a state complaint orders an Individual Family Services Plan (IFSP) Team to reconvene to determine the appropriateness of compensatory education services, those services must be provided if the IFSP deems them appropriate even if the child is otherwise no longer eligible for Early Intervention services.  If the child leaves the state before the IFSP Team can convene a meeting, the IFSP Team must make reasonable efforts to contact the child’s parents to see if they wish to participate in a meeting with the IFSP Team.

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Individual Family Services Plan (“IFSP”) Team should make an individualized determination relating to respite services.

Saturday, November 13th, 2010

Letter to Hutton, 53 IDELR 334 (OSEP 2009):  The New York State Department of Health (“DOH”) sought clarification from the U.S. Dept. of Education Office of Special Education Programs (“OSEP”) that its policy regarding respite services is consistent with the Early Intervention Services (EIS) required by Part C of the IDEA.

OSEP found that the DOH’s policy is consistent with Part C because (1) it “requires consideration of a variety of factors that highlight specific circumstances when respite may be needed;” (2) “the determination of whether respite is identified on the child’s IFSP is made on an individualized basis and is made by the eligible child’s IFSP team;” and (3) under its policy, respite does not serve as routine child-care, but is limited to when respite may enhance, in child and family specific circumstances, the capacity of the family to meet the developmental needs of their infant or toddler with a disability.

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