§1436 — Title 20 Education | U.S. Code

Summary

Requires the statewide early intervention system to give each infant or toddler with a disability and their family a team-based check of the child’s strengths and needs and a family-led check of the family’s resources and concerns. The child and family must get a written individualized family service plan (IFSP) made by a team that includes the parents. The plan must be written soon after the checks, and with the parents’ okay services can start before the checks finish. The IFSP must be explained to the parents and reviewed every 6 months, with a full evaluation at least once a year. The plan must say the child’s current development in key areas, the family’s priorities, clear goals (including pre‑literacy and language when appropriate) and how progress will be measured, the specific services needed (based on research when possible) with when, how often, and how long they will be given, why services might not be in the child’s usual settings, the start dates, the name of a service coordinator, and steps to move the toddler to preschool or other services. Parents must give written consent before the services in the plan are provided; if a parent refuses a specific service, only the services they agree to will be provided.

Title 20, §1436

Education — Source: USLM XML via OLRC

(a)A statewide system described in section 1433 of this title shall provide, at a minimum, for each infant or toddler with a disability, and the infant’s or toddler’s family, to receive—

(1)a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs;

(2)a family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the infant or toddler; and

(3)a written individualized family service plan developed by a multidisciplinary team, including the parents, as required by subsection (e), including a description of the appropriate transition services for the infant or toddler.

(b)The individualized family service plan shall be evaluated once a year and the family shall be provided a review of the plan at 6-month intervals (or more often where appropriate based on infant or toddler and family needs).

(c)The individualized family service plan shall be developed within a reasonable time after the assessment required by subsection (a)(1) is completed. With the parents’ consent, early intervention services may commence prior to the completion of the assessment.

(d)The individualized family service plan shall be in writing and contain—

(1)a statement of the infant’s or toddler’s present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria;

(2)a statement of the family’s resources, priorities, and concerns relating to enhancing the development of the family’s infant or toddler with a disability;

(3)a statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre-literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary;

(4)a statement of specific early intervention services based on peer-reviewed research, to the extent practicable, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services;

(5)a statement of the natural environments in which early intervention services will appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment;

(6)the projected dates for initiation of services and the anticipated length, duration, and frequency of the services;

(7)the identification of the service coordinator from the profession most immediately relevant to the infant’s or toddler’s or family’s needs (or who is otherwise qualified to carry out all applicable responsibilities under this subchapter) who will be responsible for the implementation of the plan and coordination with other agencies and persons, including transition services; and

(8)the steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services.

(e)The contents of the individualized family service plan shall be fully explained to the parents and informed written consent from the parents shall be obtained prior to the provision of early intervention services described in such plan. If the parents do not provide consent with respect to a particular early intervention service, then only the early intervention services to which consent is obtained shall be provided.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1436, Pub. L. 91–230, title VI, § 636, as added Pub. L. 105–17, title I, § 101,

June 4, 1997, 111 Stat. 111, related to individualized family service plans, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1436, Pub. L. 91–230, title VI, § 636, Apr. 13, 1970, 84 Stat. 185; Pub. L. 93–380, title VI, § 618, Aug. 21, 1974, 88 Stat. 584; Pub. L. 95–49, § 3,

June 17, 1977, 91 Stat. 230, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 98–199, § 11, Dec. 2, 1983, 97 Stat. 1369.

§1436 Individualized family service plan

Summary

Title 20, §1436

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata