Title 20, EducationRelease 119-110

§1436 Individualized Family Service Plan

Title 20 › CHAPTER 33 — EDUCATION OF INDIVIDUALS WITH DISABILITIES › SUBCHAPTER III — INFANTS AND TODDLERS WITH DISABILITIES › § 1436

Last updated Sep 22, 2026|Official source

Summary

The state must give each eligible infant or toddler and their family a written plan that is made by a team of specialists and the parents. The team must check the child’s strengths and needs and also look at the family’s resources, priorities, and concerns. The plan must be written reasonably soon after the child assessment. With the parents’ okay, services can begin before the full assessment is finished. The plan must be reviewed with the family every 6 months and evaluated at least once a year (or more often if needed). The plan must say where the child is now in physical, thinking, talking, social/emotional, and daily living skills; what the family needs and wants; clear, measurable goals (including pre‑reading and language goals when they fit the child); which services will be provided (using peer‑reviewed research when possible) and how often; where services will happen and why they might not be in a natural setting; start dates and how long services will last; who the service coordinator is; and steps to move the toddler to preschool or other services. Parents must get a full explanation and give written permission before services in the plan begin. If parents refuse a specific service, only the services they agree to will be given.

Full Legal Text

Title 20, §1436

Education, Source: USLM XML via OLRC

(a)Assessment and program development
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)Periodic review
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)Promptness after assessment
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)Content of plan
The individualized family service plan shall be in writing and contain— (1)
(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)Parental consent
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.

Legislative History

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.

Reference

Citations & Metadata

Citation

20 U.S.C. § 1436

Title 20, Education

Last Updated

Sep 22, 2026

Release point: 119-110