SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 12

Information on Early Intervention Services

From a 13-Chapter Manual

Available by Chapter and in Manual Form

Written by:

Community Alliance for Special Education (CASE)

and

Protection and Advocacy, Inc. (PAI)

Copyright © 1992 by CASE and PAI

Ninth Edition

Revised December 2005

Written permission of the Community Alliance for Special Education (CASE) and Protection and Advocacy, Inc. (PAI) must be obtained for duplication of the materials contained in Special Education Rights and Responsibilities.

These materials are based on special education laws and court decisions in effect at the time of publication. Federal and state special education law can change at any time. If there is any question about the continued validity of any information in the handbook, contact CASE, PAI or a legal authority in your community.

 

Federal special education law was significantly amended by Congress in 2004 and will be further clarified by regulations from the U.S. Department of Education in 2006. The California Education Code has been amended to reflect some of the federal law changes but not all.  In certain circumstances where it provides greater protections or entitlements, California law will continue to control special education pupils’ rights unless it is amended to completely conform to federal law.

CASE and PAI will monitor the development of conforming state law and regulations, so that revised state laws and regulations can be incorporated into later supplements and editions of SERR.

For further information on the development of federal and state law and regulation, or clarification about IDEA implementation, please contact CASE or PAI.

 

Community Alliance for Special Education (CASE) provides legal support, representation, technical assistance consultations, and training to parents throughout the greater San Francisco Bay Area whose children need appropriate special education services. Trained advocates and attorneys assist parents at IEP meetings, Mediation Conferences and Due Process Hearings. CASE also provides free consultations about special education rights and services to parents and professionals by telephone or face-to-face. CASE is a nonprofit organization serving all children with disabilities who need or may need special education services. For more information, contact:

CASE

Protection and Advocacy, Inc. (PAI), is a private, nonprofit organi­zation that protects the legal, civil and service rights of Californians who have develop­mental or mental disabilities. PAI provides a variety of advocacy services, including information and referral, technical assistance, and direct representation. For information or assistance with an immediate problem, call:

PAI

Toll Free: (800) 776-5746

9:00 AM to 5:00 PM - Monday through Friday

 

 

PAI receives funding under the Developmentally Disabled Assistance and Bill of Rights Act and the Protection and Advocacy for Mentally Ill Individuals Act. Any opinions, findings, recommendations or conclusions expressed in this publication are those of the authors and do not necessarily reflect the views of the organizations which fund PAI.

 

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

TABLE OF CONTENTS

Chapter 1             Information on Basic Rights and Responsibilities

Chapter 2             Information on Evaluations/Assessments

Chapter 3             Information on Eligibility Criteria

Chapter 4             Information on IEP Process

Chapter 5             Information on Related Services

Chapter 6             Information on Due Process Hearings/Compliance Complaints

Chapter 7             Information on Least Restrictive Environment

Chapter 8             Information on Discipline of Students with Disabilities

Chapter 9             Information on Interagency Responsibility for Related Services (AB 3632/882)

Chapter 10        Information on Vocational Education

Chapter 11        Information on Preschool Education Services

Chapter 12        Information on Early Intervention Services

NOTE:              The text in each chapter refers to specific Questions in other chapters by using the titles shown above.

 

 

MEMORANDUM

TO:	Readers of Special Education Rights and Responsibilities Chapter 12
FROM:	Protection & Advocacy, Inc.
RE:	CORRECTION TO Q&A 24, Chapter 12 re Continuation of IFSP Services During Special Education Due Process Proceedings.
DATE:	January 30, 2007
With the release of new federal special education regulations on October 13, 2006, the U.S. Department of Education has issued a new rule [Title 34 Code of Regulations section 300.518(c)] which conflicts with the Johnson and Pardini cases mentioned in Q&A 24.  The new regulations says that children transitioning from Part C [early intervention] to Part B [preschool special education] at age three, and who file for a due process hearing to resolve a dispute with the school district over their new IEPs, do not have the right to continuation of the services they were receiving under their IFSPs while the hearing process is going on.  Only the services about which there is no dispute will be provided during that time. The Office of Administrative Hearings, which conducts the special education hearings between parents and school districts, has ruled that the new regulation overrules the Johnson and Pardini cases.  See, e.g., Student v. Los Altos School District, OAH Case No. N2006060394.  Parents, therefore, should know that services their children may have been receiving under their IFSPs will not necessarily continue after the children turn three unless the school district agrees to continue to provide them under an IEP, even if the parent files for a special education due process hearing.  Such services would only start again, and, perhaps, be retroactively awarded back to the third birthday, if, as a result of the hearing, the hearing officer finds that the services are necessary to the child's free and appropriate preschool special education.
CORRECTION TO Q&A 24, Chapter 12, re Continuation of IFSP Services During Special Education Due Process Proceedings.

 

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 12

Information on Early Intervention Services

TABLE OF CONTENTS

Question

1.      What is Part C of the Individuals with Disabilities Education Act (IDEA)?. 2

2.      What is the purpose of Part C of IDEA?. 2

3.      What is the California legislation affecting infants and toddlers?. 2

4.      What is the definition of an infant or toddler with disabilities under Part C?. 2

5.      What are the eligibility criteria for early intervention services in California?. 2

6.      My infant or toddler may be eligible for both school district and regional center services. Which agency is responsible for ensuring that early intervention services are provided?. 2

7.      If my infant or toddler needs services, who will provide them?. 2

8.      How is a referral for early intervention services made and who can make the referral?. 2

9.      How will eligibility for early intervention service be determined?. 2

10.   Once a referral has been made, when will a meeting be held to determine eligibility and develop IFSP?. 2

11.   How is the IFSP developed and how often is it reviewed?. 2

12.   What must be included in the IFSP?.