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Disability Rights Education and Defense Fund. Advocating for Disability Civil Rights since 1979

In this Issue:

Early Intervention for Children under Three through IDEA Part C

January 2012

 

Dear Friends and Family Caregivers,

Did you know that eligible children under age three can get special education support? They can, through the Early Intervention Program of Part C of the Individuals with Disabilities Education Act (IDEA)!  

This month's Special EDition will discuss why Early Intervention is important, how a child receives IDEA Part C Early Intervention services, and what happens when a child receiving Early Intervention support turns three and still needs help.

What is Part C of the IDEA?

Congress established this program in 1986 in recognition of "an urgent and substantial need" to:  enhance the development of infants and toddlers with disabilities; reduce educational costs by minimizing the need for special education through early intervention;  minimize the likelihood of institutionalization, and maximize independent living; and, enhance the capacity of families to meet their child's needs.

Why is Early Intervention important?

For children with disabilities, or risk of disabilities, providing support as early in life as possible, is key to helping them reach their individual potential. From birth to age three, a child's brain is developing at an incredible rate. During this time, the brain has the highest ability to change and absorb new information. Very young children need appropriate stimulation and support in order to develop in a healthy way. Investment in children's developmental needs at a young age can save unnecessarily costly interventions later, and improve developmental and learning outcomes. It is an investment in the future of a child, and the future of our society.

While positive early experiences strengthen the developing brain, negative and stressful experiences (i.e., prenatal exposure to drugs or alcohol, physical or emotional trauma, malnutrition), can interfere with healthy development, learning, behavior, physical and mental health. For this reason, IDEA requires that a child under the age of three who is involved in a substantiated case of child abuse or neglect, or is identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, be referred for Early Intervention assessment.

The good news is that Early Intervention improves outcomes. For example, a large national study found increased motor, social, and cognitive abilities for young children who received Early Intervention services compared to those who did not. This is why ALL caregivers need to understand the early signs that a child is not developing appropriately, and seek help immediately when they have concerns.  

How can my child receive IDEA Early Intervention (Part C) services?

The first step in receiving IDEA Part C (Early Intervention) services is a written referral to the appropriate agency for evaluation to determine if a child is eligible for services. Anyone who is concerned about a child can make a referral (parents, health care providers, neighbors, family members, foster parents, and day care providers). In California, the Regional Centers operated through the Department of Developmental Services (DDS) are the point of contact in most cases. Because important timelines apply, referrals should be made in a way that provides proof of delivery (fax, registered mail, hand delivered).

Once a referral has been made, the Regional Center must determine whether a full evaluation is appropriate, and let the family know of their decision in writing. It is important to understand that only those who hold Education Rights (the birth parent or someone appointed by the court) can consent to any evaluation.

If an evaluation is appropriate, and the child is found eligible for Early Intervention services, an Individualized Family Service Plan (IFSP) will be created with the family and service provider(s). An IFSP outlines the child's strengths and developmental needs, the family's concerns and priorities, and the Early Intervention services that will be provided to the child and the family. At every point, families have a right to challenge any decision and will receive information about how to do that in the form of a special notice of "procedural safeguards."

Eligible children receive services, evaluations, and service coordination at no cost to the family. Necessary therapy and services that are not covered by public or private medical insurance may be purchased or provided by Regional Centers (in CA), or local education agencies. These decisions will be determined through the eligibility and planning process. CA Children's Services (CCS) may provide medically necessary therapies or equipment for children with primarily orthopedic disabilities and other rare conditions, if found eligible for this program. While the Regional Centers are the payers of last resort, services that the IFSP identifies as needed cannot be delayed if a dispute arises about who should pay.

What happens when my child turns three? 

Preparing ahead of time is crucial for a smooth transition to needed supports by the time your child turns three and IDEA Part C services stop. Once your child reaches the age of two, the discussion of transition begins with your child's Early Intervention service coordinator or case manager. 

Some children will not need continuing support, but this decision must be made after a comprehensive assessment of progress and development is completed by the local school district. The service coordinator will reach out to your child's school district to arrange a transition meeting to discuss any evaluations that may be needed, and to share important information about your child. 

The school district will present you with an Assessment Plan for permission to conduct evaluations if necessary. These evaluations must be completed before your child turns three. You will be part of an Individualized Educational Plan (IEP) team that must meet to see if your child is eligible for specialized support ("Special Education") for students age three through 22. This is called IDEA Part B. If your child is found eligible for Part B, an IEP will be developed to support your child. Specialized support and instruction will then be provided through your child's school district. IEP supports must be in place by age three to ensure that there were no gaps in services provided to your child, if eligibility for continued special education services was established.

For More Information

For more information on Early Intervention (Part C of IDEA) and how to access services for your child, call your local Parent Training and Information Center (PTI). Also visit many of the helpful links below.

UPCOMING DREDF WORKSHOPS
REGISTRATION IS REQUIRED. SPACE IS LIMITED.

Understanding the Special Education Process: IEP Basics & Beyond
FREE: An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month (except August and December)
Next Offered: February 13, 2012
Time: 6:00 – 8:30 pm (Pizza and soft drinks included!)
Where: Ed Roberts Campus, 3075 Adeline St, Berkeley, CA 94703 at Ashby BART
Classroom: Bernard Osher Education Center
To Register: Contact Becky at (510) 644-2555 X5227 or blyons@dredf.org

© 2012

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ADVOCACY TIP OF THE MONTH: Early Intervention Works! Don't wait–know what to look for and how to get help for a child you care about.

Glossary
CDE – CA Department of Education
IDEA – Individuals with Disabilities Education Act
NEILS – National Early Intervention Longitudinal Study
OSEP – U.S. Dept. of Education Office of Special Education Programs
Part C – Early Intervention program of IDEA 
PTI – Parent Training & Information Center

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