EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES

• Citation: 34 CFR Part 303
• Sections: 175

§ 303.1 Purpose of the early intervention program for infants and toddlers with disabilities.

The purpose of this part is to provide financial assistance to States to—

(a) Develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families;

(b) Facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage);

(c) Enhance State capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families;

(d) Enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of all children, including historically underrepresented populations, particularly minority, low-income, inner-city, and rural children, and infants and toddlers in foster care; and

(e) Encourage States to expand opportunities for children under three years of age who would be at risk of having substantial developmental delay if they did not receive early intervention services.

§ 303.2 Eligible recipients of an award and applicability of this part.

(a) Eligible recipients of an award. Eligible recipients include the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, the Secretary of the Interior, and the following jurisdictions: Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(b) Applicability of this part. (1) The provisions of this part apply to—

(i) The State lead agency and any EIS provider that is part of the statewide system of early intervention, regardless of whether that EIS provider receives funds under part C of the Act; and

(ii) All children referred to the part C program, including infants and toddlers with disabilities consistent with the definitions in §§ 303.6 and 303.21, and their families.

(2) The provisions of this part do not apply to any child with a disability receiving a free appropriate public education or FAPE under 34 CFR part 300.

§ 303.3 Applicable regulations.

(a) The following regulations apply to this part:

(1) The regulations in this part 303.

(2) EDGAR, including 34 CFR parts 76 (except for § 76.103), 77, 79, 81, 82, 84, and 86.

(3) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted in part 3474, and the OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted in 2 CFR part 3485.

(b) In applying the regulations cited in paragraph (a)(2) of this section, any reference to—

(1) State educational agency means the lead agency under this part; and

(2) Education records or records means early intervention records.

§ 303.4 Act.

Act means the Individuals with Disabilities Education Act, as amended.

§ 303.5 At-risk infant or toddler.

At-risk infant or toddler means an individual under three years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual. At the State's discretion, at-risk infant or toddler may include an infant or toddler who is at risk of experiencing developmental delays because of biological or environmental factors that can be identified (including low birth weight, respiratory distress as a newborn, lack of oxygen, brain hemorrhage, infection, nutritional deprivation, a history of abuse or neglect, and being directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure).

§ 303.6 Child.

Child means an individual under the age of six and may include an infant or toddler with a disability, as that term is defined in § 303.21.

§ 303.7 Consent.

Consent means that—

(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language, as defined in § 303.25;

(b) The parent understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released; and

(c)(1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

(2) If a parent revokes consent, that revocation is not retroactive ( i.e., it does not apply to an action that occurred before the consent was revoked).

§ 303.8 Council.

Council means the State Interagency Coordinating Council that meets the requirements of subpart G of this part.

§ 303.9 Day.

Day means calendar day, unless otherwise indicated.

§ 303.10 Developmental delay.

Developmental delay, when used with respect to a child residing in a State, has the meaning given that term by the State under § 303.111.

§ 303.11 Early intervention service program.

Early intervention service program or EIS program means an entity designated by the lead agency for reporting under §§ 303.700 through 303.702.

§ 303.12 Early intervention service provider.

(a) Early intervention service provider or EIS provider means an entity (whether public, private, or nonprofit) or an individual that provides early intervention services under part C of the Act, whether or not the entity or individual receives Federal funds under part C of the Act, and may include, where appropriate, the lead agency and a public agency responsible for providing early intervention services to infants and toddlers with disabilities in the State under part C of the Act.

(b) An EIS provider is responsible for—

(1) Participating in the multidisciplinary individualized family service plan (IFSP) Team's ongoing assessment of an infant or toddler with a disability and a family-directed assessment of the resources, priorities, and concerns of the infant's or toddler's family, as related to the needs of the infant or toddler, in the development of integrated goals and outcomes for the IFSP;

(2) Providing early intervention services in accordance with the IFSP of the infant or toddler with a disability; and

(3) Consulting with and training parents and others regarding the provision of the early intervention services described in the IFSP of the infant or toddler with a disability.

§ 303.13 Early intervention services.

(a) General. Early intervention services means developmental services that—

(1) Are provided under public supervision;

(2) Are selected in collaboration with the parents;

(3) Are provided at no cost, except, subject to §§ 303.520 and 303.521, where Federal or State law provides for a system of payments by families, including a schedule of sliding fees;

(4) Are designed to meet the developmental needs of an infant or toddler with a disability and the needs of the family to assist appropriately in the infant's or toddler's development, as identified by the IFSP Team, in any one or more of the following areas, including—

(i) Physical development;

(ii) Cognitive development;

(iii) Communication development;

(iv) Social or emotional development; or

(v) Adaptive development;

(5) Meet the standards of the State in which the early intervention services are provided, including the requirements of part C of the Act;

(6) Include services identified under paragraph (b) of this section;

(7) Are provided by qualified personnel (as that term is defined in § 303.31), including the types of personnel listed in paragraph (c) of this section;

(8) To the maximum extent appropriate, are provided in natural environments, as defined in § 303.26 and consistent with §§ 303.126 and 303.344(d); and

(9) Are provided in conformity with an IFSP adopted in accordance with section 636 of the Act and § 303.20.

(b) Types of early intervention services. Subject to paragraph (d) of this section, early intervention services include the following services defined in this paragraph:

(1) Assistive technology device and service are defined as follows:

(i) Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of an infant or toddler with a disability. The term does not include a medical device that is surgically implanted, including a cochlear implant, or the optimization ( e.g., mapping), maintenance, or replacement of that device.

(ii) Assistive technology service means any service that directly assists an infant or toddler with a disability in the selection, acquisition, or use of an assistive technology device. The term includes—

(A) The evaluation of the needs of an infant or toddler with a disability, including a functional evaluation of the infant or toddler with a disability in the child's customary environment;

(B) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by infants or toddlers with disabilities;

(C) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(D) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(E) Training or technical assistance for an infant or toddler with a disability or, if appropriate, that child's family; and

(F) Training or technical assistance for professionals (including individuals providing education or rehabilitation services) or other individuals who provide services to, or are otherwise substantially involved in the major life functions of, infants and toddlers with disabilities.

(2) Audiology services include—

(i) Identification of children with auditory impairments, using at-risk criteria and appropriate audiologic screening techniques;

(ii) Determination of the range, nature, and degree of hearing loss and communication functions, by use of audiological evaluation procedures;

(iii) Referral for medical and other services necessary for the habilitation or rehabilitation of an infant or toddler with a disability who has an auditory impairment;

(iv) Provision of auditory training, aural rehabilitation, speech reading and listening devices, orientation and training, and other services;

(v) Provision of services for prevention of hearing loss; and

(vi) Determination of the child's individual amplification, including selecting, fitting, and dispensing appropriate listening and vibrotactile devices, and evaluating the effectiveness of those devices.

(3) Family training, counseling, and home visits means services provided, as appropriate, by social workers, psychologists, and other qualified personnel to assist the family of an infant or toddler with a disability in understanding the special needs of the child and enhancing the child's development.

(4) Health services has the meaning given the term in § 303.16.

(5) Medical services means services provided by a licensed physician for diagnostic or evaluation purposes to determine a child's developmental status and need for early intervention services.

(6) Nursing services include—

(i) The assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems;

(ii) The provision of nursing care to prevent health problems, restore or improve functioning, and promote optimal health and development; and

(iii) The administration of medications, treatments, and regimens prescribed by a licensed physician.

(7) Nutrition services include—

(i) Conducting individual assessments in—

(A) Nutritional history and dietary intake;

(B) Anthropometric, biochemical, and clinical variables;

(C) Feeding skills and feeding problems; and

(D) Food habits and food preferences;

(ii) Developing and monitoring appropriate plans to address the nutritional needs of children eligible under this part, based on the findings in paragraph (b)(7)(i) of this section; and

(iii) Making referrals to appropriate community resources to carry out nutrition goals.

(8) Occupational therapy includes services to address the functional needs of an infant or toddler with a disability related to adaptive development, adaptive behavior, and play, and sensory, motor, and postural development. These services are designed to improve the child's functional ability to perform tasks in home, school, and community settings, and include—

(i) Identification, assessment, and intervention;

(ii) Adaptation of the environment, and selection, design, and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; and

(iii) Prevention or minimization of the impact of initial or future impairment, delay in development, or loss of functional ability.

(9) Physical therapy includes services to address the promotion of sensorimotor function through enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor development, cardiopulmonary status, and effective environmental adaptation. These services include—

(i) Screening, evaluation, and assessment of children to identify movement dysfunction;

(ii) Obtaining, interpreting, and integrating information appropriate to program planning to prevent, alleviate, or compensate for movement dysfunction and related functional problems; and

(iii) Providing individual and group services or treatment to prevent, alleviate, or compensate for, movement dysfunction and related functional problems.

(10) Psychological services include—

(i) Administering psychological and developmental tests and other assessment procedures;

(ii) Interpreting assessment results;

(iii) Obtaining, integrating, and interpreting information about child behavior and child and family conditions related to learning, mental health, and development; and

(iv) Planning and managing a program of psychological services, including psychological counseling for children and parents, family counseling, consultation on child development, parent training, and education programs.

(11) Service coordination services has the meaning given the term in § 303.34.

(12) Sign language and cued language services include teaching sign language, cued language, and auditory/oral language, providing oral transliteration services (such as amplification), and providing sign and cued language interpretation.

(13) Social work services include—

(i) Making home visits to evaluate a child's living conditions and patterns of parent-child interaction;

(ii) Preparing a social or emotional developmental assessment of the infant or toddler within the family context;

(iii) Providing individual and family-group counseling with parents and other family members, and appropriate social skill-building activities with the infant or toddler and parents;

(iv) Working with those problems in the living situation (home, community, and any center where early intervention services are provided) of an infant or toddler with a disability and the family of that child that affect the child's maximum utilization of early intervention services; and

(v) Identifying, mobilizing, and coordinating community resources and services to enable the infant or toddler with a disability and the family to receive maximum benefit from early intervention services.

(14) Special instruction includes—

(i) The design of learning environments and activities that promote the infant's or toddler's acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;

(ii) Curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the IFSP for the infant or toddler with a disability;

(iii) Providing families with information, skills, and support related to enhancing the skill development of the child; and

(iv) Working with the infant or toddler with a disability to enhance the child's development.

(15) Speech-language pathology services include—

(i) Identification of children with communication or language disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills;

(ii) Referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communication or language disorders and delays in development of communication skills; and

(iii) Provision of services for the habilitation, rehabilitation, or prevention of communication or language disorders and delays in development of communication skills.

(16) Transportation and related costs include the cost of travel and other costs that are necessary to enable an infant or toddler with a disability and the child's family to receive early intervention services.

(17) Vision services mean—

(i) Evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays, and abilities that affect early childhood development;

(ii) Referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders, or both; and

(iii) Communication skills training, orientation and mobility training for all environments, visual training, and additional training necessary to activate visual motor abilities.

(c) Qualified personnel. The following are the types of qualified personnel who provide early intervention services under this part:

(1) Audiologists.

(2) Family therapists.

(3) Nurses.

(4) Occupational therapists.

(5) Orientation and mobility specialists.

(6) Pediatricians and other physicians for diagnostic and evaluation purposes.

(7) Physical therapists.

(8) Psychologists.

(9) Registered dieticians.

(10) Social workers.

(11) Special educators, including teachers of children with hearing impairments (including deafness) and teachers of children with visual impairments (including blindness).

(12) Speech and language pathologists.

(13) Vision specialists, including ophthalmologists and optometrists.

(d) Other services. The services and personnel identified and defined in paragraphs (b) and (c) of this section do not comprise exhaustive lists of the types of services that may constitute early intervention services or the types of qualified personnel that may provide early intervention services. Nothing in this section prohibits the identification in the IFSP of another type of service as an early intervention service provided that the service meets the criteria identified in paragraph (a) of this section or of another type of personnel that may provide early intervention services in accordance with this part, provided such personnel meet the requirements in § 303.31.

§ 303.14 Elementary school.

Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.

§ 303.15 Free appropriate public education.

Free appropriate public education or FAPE, as used in §§ 303.211, 303.501, and 303.521, means special education and related services that—

(a) Are provided at public expense, under public supervision and direction, and without charge;

(b) Meet the standards of the State educational agency (SEA), including the requirements of part B of the Act;

(c) Include an appropriate preschool, elementary school, or secondary school education in the State involved; and

(d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of 34 CFR 300.320 through 300.324.

§ 303.16 Health services.

(a) Health services mean services necessary to enable an otherwise eligible child to benefit from the other early intervention services under this part during the time that the child is eligible to receive early intervention services.

(b) The term includes—

(1) Such services as clean intermittent catheterization, tracheostomy care, tube feeding, the changing of dressings or colostomy collection bags, and other health services; and

(2) Consultation by physicians with other service providers concerning the special health care needs of infants and toddlers with disabilities that will need to be addressed in the course of providing other early intervention services.

(c) The term does not include—

(1) Services that are—

(i) Surgical in nature (such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus);

(ii) Purely medical in nature (such as hospitalization for management of congenital heart ailments, or the prescribing of medicine or drugs for any purpose); or

(iii) Related to the implementation, optimization ( e.g., mapping), maintenance, or replacement of a medical device that is surgically implanted, including a cochlear implant.

(A) Nothing in this part limits the right of an infant or toddler with a disability with a surgically implanted device ( e.g., cochlear implant) to receive the early intervention services that are identified in the child's IFSP as being needed to meet the child's developmental outcomes.

(B) Nothing in this part prevents the EIS provider from routinely checking that either the hearing aid or the external components of a surgically implanted device ( e.g., cochlear implant) of an infant or toddler with a disability are functioning properly;

(2) Devices (such as heart monitors, respirators and oxygen, and gastrointestinal feeding tubes and pumps) necessary to control or treat a medical condition; and

(3) Medical-health services (such as immunizations and regular “well-baby” care) that are routinely recommended for all children.

§ 303.17 Homeless children.

Homeless children means children who meet the definition given the term homeless children and youths in section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq.

§ 303.18 Include; including.

Include or including means that the items named are not all of the possible items that are covered, whether like or unlike the ones named.

§ 303.19 Indian; Indian tribe.

(a) Indian means an individual who is a member of an Indian tribe.

(b) Indian tribe means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq. ).

(c) Nothing in this definition is intended to indicate that the Secretary of the Interior is required to provide services or funding to a State Indian Tribe that is not listed in the Federal Register list of Indian entities recognized as eligible to receive services from the United States, published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a-1.

§ 303.20 Individualized family service plan.

Individualized family service plan or IFSP means a written plan for providing early intervention services to an infant or toddler with a disability under this part and the infant's or toddler's family that—

(a) Is based on the evaluation and assessment described in § 303.321;

(b) Includes the content specified in § 303.344;

(c) Is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained (consistent with § 303.420); and

(d) Is developed in accordance with the IFSP procedures in §§ 303.342, 303.343, and 303.345.

§ 303.21 Infant or toddler with a disability.

(a) Infant or toddler with a disability means an individual under three years of age who needs early intervention services because the individual—

(1) Is experiencing a developmental delay, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:

(i) Cognitive development.

(ii) Physical development, including vision and hearing.

(iii) Communication development.

(iv) Social or emotional development.

(v) Adaptive development; or

(2) Has a diagnosed physical or mental condition that—

(i) Has a high probability of resulting in developmental delay; and

(ii) Includes conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome.

(b) Infant or toddler with a disability may include, at a State's discretion, an at-risk infant or toddler (as defined in § 303.5).

(c) Infant or toddler with a disability may include, at a State's discretion, a child with a disability who is eligible for services under section 619 of the Act and who previously received services under this part until the child enters, or is eligible under State law to enter, kindergarten or elementary school, as appropriate, provided that any programs under this part must include—

(1) An educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children ages three and older who receive part C services pursuant to § 303.211; and

(2) A written notification to parents of a child with a disability who is eligible for services under section 619 of the Act and who previously received services under this part of their rights and responsibilities in determining whether their child will continue to receive services under this part or participate in preschool programs under section 619 of the Act.

§ 303.22 Lead agency.

Lead agency means the agency designated by the State's Governor under section 635(a)(10) of the Act and § 303.120 that receives funds under section 643 of the Act to administer the State's responsibilities under part C of the Act.

§ 303.23 Local educational agency.

(a) General. Local educational agency or LEA means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools.

(b) Educational service agencies and other public institutions or agencies. The term includes the following:

(1) Educational service agency, defined as a regional public multiservice agency—

(i) Authorized by State law to develop, manage, and provide services or programs to LEAs; and

(ii) Recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State.

(2) Any other public institution or agency having administrative control and direction of a public elementary school or secondary school, including a public charter school that is established as an LEA under State law.

(3) Entities that meet the definition of intermediate educational unit or IEU in section 602(23) of the Act, as in effect prior to June 4, 1997. Under that definition an intermediate educational unit or IEU means any public authority other than an LEA that—

(i) Is under the general supervision of a State educational agency;

(ii) Is established by State law for the purpose of providing FAPE on a regional basis; and

(iii) Provides special education and related services to children with disabilities within the State.

(c) BIE-funded schools. The term includes an elementary school or secondary school funded by the Bureau of Indian Education, and not subject to the jurisdiction of any SEA other than the Bureau of Indian Education, but only to the extent that the inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under the Act with the smallest student population.

§ 303.24 Multidisciplinary.

Multidisciplinary means the involvement of two or more separate disciplines or professions and with respect to—

(a) Evaluation of the child in §§ 303.113 and 303.321(a)(1)(i) and assessments of the child and family in § 303.321(a)(1)(ii), may include one individual who is qualified in more than one discipline or profession; and

(b) The IFSP Team in § 303.340 must include the involvement of the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the service coordinator (consistent with § 303.343(a)(1)(iv)).

§ 303.25 Native language.

(a) Native language, when used with respect to an individual who is limited English proficient or LEP (as that term is defined in section 602(18) of the Act), means—

(1) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (a)(2) of this section; and

(2) For evaluations and assessments conducted pursuant to § 303.321(a)(5) and (a)(6), the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment.

(b) Native language, when used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, means the mode of communication that is normally used by the individual (such as sign language, braille, or oral communication).

§ 303.26 Natural environments.

Natural environments means settings that are natural or typical for a same-aged infant or toddler without a disability, may include the home or community settings, and must be consistent with the provisions of § 303.126.

§ 303.27 Parent.

(a) Parent means—

(1) A biological or adoptive parent of a child;

(2) A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;

(3) A guardian generally authorized to act as the child's parent, or authorized to make early intervention, educational, health or developmental decisions for the child (but not the State if the child is a ward of the State);

(4) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or

(5) A surrogate parent who has been appointed in accordance with § 303.422 or section 639(a)(5) of the Act.

(b)(1) Except as provided in paragraph (b)(2) of this section, the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under paragraph (a) of this section to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational or early intervention service decisions for the child.

(2) If a judicial decree or order identifies a specific person or persons under paragraphs (a)(1) through (a)(4) of this section to act as the “parent” of a child or to make educational or early intervention service decisions on behalf of a child, then the person or persons must be determined to be the “parent” for purposes of part C of the Act, except that if an EIS provider or a public agency provides any services to a child or any family member of that child, that EIS provider or public agency may not act as the parent for that child.

§ 303.28 Parent training and information center.

Parent training and information center means a center assisted under section 671 or 672 of the Act.

§ 303.29 Personally identifiable information.

Personally identifiable information means personally identifiable information as defined in 34 CFR 99.3, as amended, except that the term “student” in the definition of personally identifiable information in 34 CFR 99.3 means “child” as used in this part and any reference to “school” means “EIS provider” as used in this part.

§ 303.30 Public agency.

As used in this part, public agency means the lead agency and any other agency or political subdivision of the State.

§ 303.31 Qualified personnel.

Qualified personnel means personnel who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations or assessments or providing early intervention services.

§ 303.33 Secretary.

Secretary means the Secretary of Education.

§ 303.34 Service coordination services (case management).

(a) General. (1) As used in this part, service coordination services mean services provided by a service coordinator to assist and enable an infant or toddler with a disability and the child's family to receive the services and rights, including procedural safeguards, required under this part.

(2) Each infant or toddler with a disability and the child's family must be provided with one service coordinator who is responsible for—

(i) Coordinating all services required under this part across agency lines; and

(ii) Serving as the single point of contact for carrying out the activities described in paragraphs (a)(3) and (b) of this section.

(3) Service coordination is an active, ongoing process that involves—

(i) Assisting parents of infants and toddlers with disabilities in gaining access to, and coordinating the provision of, the early intervention services required under this part; and

(ii) Coordinating the other services identified in the IFSP under § 303.344(e) that are needed by, or are being provided to, the infant or toddler with a disability and that child's family.

(b) Specific service coordination services. Service coordination services include—

(1) Assisting parents of infants and toddlers with disabilities in obtaining access to needed early intervention services and other services identified in the IFSP, including making referrals to providers for needed services and scheduling appointments for infants and toddlers with disabilities and their families;

(2) Coordinating the provision of early intervention services and other services (such as educational, social, and medical services that are not provided for diagnostic or evaluative purposes) that the child needs or is being provided;

(3) Coordinating evaluations and assessments;

(4) Facilitating and participating in the development, review, and evaluation of IFSPs;

(5) Conducting referral and other activities to assist families in identifying available EIS providers;

(6) Coordinating, facilitating, and monitoring the delivery of services required under this part to ensure that the services are provided in a timely manner;

(7) Conducting follow-up activities to determine that appropriate part C services are being provided;

(8) Informing families of their rights and procedural safeguards, as set forth in subpart E of this part and related resources;

(9) Coordinating the funding sources for services required under this part; and

(10) Facilitating the development of a transition plan to preschool, school, or, if appropriate, to other services.

(c) Use of the term service coordination or service coordination services. The lead agency's or an EIS provider's use of the term service coordination or service coordination services does not preclude characterization of the services as case management or any other service that is covered by another payor of last resort (including Title XIX of the Social Security Act—Medicaid), for purposes of claims in compliance with the requirements of §§ 303.501 through 303.521 (Payor of last resort provisions).

§ 303.35 State.

Except as provided in § 303.732(d)(3) (regarding State allotments under this part), State means each of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, and the four outlying areas and jurisdictions of Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

§ 303.36 State educational agency.

(a) State educational agency or SEA means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

(b) The term includes the agency that receives funds under sections 611 and 619 of the Act to administer the State's responsibilities under part B of the Act.

§ 303.37 Ward of the State.

(a) General. Subject to paragraph (b) of this section, ward of the State means a child who, as determined by the State where the child resides, is—

(1) A foster child;

(2) A ward of the State; or

(3) In the custody of a public child welfare agency.

(b) Exception. Ward of the State does not include a foster child who has a foster parent who meets the definition of a parent in § 303.27.

§ 303.100 General authority.

The Secretary, in accordance with part C of the Act, makes grants to States (from their allotments under section 643 of the Act) to assist each State to maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families.

Appendix A Appendix A to Part 303—Index for IDEA Part C Regulations

ABILITY TO PAY (State definition)

303.521(a)(3).

ABROGATION OF STATE SOVEREIGN IMMUNITY

303.103.

ABUSE or NEGLECT:

• At-risk infant or toddler (Definition)

303.5.

• Referral of specific at-risk infants and toddlers

303.303(b).

ACCESS (TO); ACCESSING (A-O):

• Access rights (of parents)

303.405.

• Culturally competent services (Traditionally underserved groups)

303.227(b).

• Early Intervention records (definition)

303.403(b).

• Early Intervention services • See also “Service Coordination (Services)”

303.34(b)(1).

ACCESS (TO); ACCESSING (P-Z):

• Personally identifiable information (Employees with access)

303.415(d).

• Private insurance (Parental consent prior to using or accessing)

303.520(b)(1)(i).

• Public Insurance (Written notification prior to using or accessing

303.520(a).

• Records (Keep and afford access to the Secretary)

303.224(b).

• Safeguards (Employees with access to personally identifiable information)

303.415(d).

ACCESSIBLE; ACCESSIBILITY:

• Central directory (Accessible to general public)

303.117.

• Individualized family service plan (IFSP) meetings (Accessibility and convenience of)

303.342(d).

• See also “Convenience (of hearings; meetings)”

303.602(b)(2).

• Meetings (Of Council).

ACCESSIBILITY STANDARDS (Construction or Alteration):

• Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities

303.104(b)(1).

• Uniform Federal Accessibility Standards

303.104(b)(2).

ACQUISITION OF EQUIPMENT (Construction):

• Appropriate equipment and construction or alteration of facilities

303.104.

• See also “Accessibility standards”

ACT:

• Definition (Individuals with Disabilities Education Act (IDEA))

303.4.

ADAPTIVE DEVELOPMENT:

• Developmental delay in

303.21(a)(1)(v).

• Early Intervention services (Definition)

303.13(a)(4)(v).

○ See also in “Occupational therapy”

303.13(b)(8).

• Evaluation and assessment (Of the child)

303.321(b)(3).

• Individualized family service plan (IFSP) content (Child's status)

303.344(a).

• Infant or toddler with a disability (Definition)

303.21(a)(1)(v).

ADVOCATE (Noun):

• Individualized family service plan (IFSP) Team

303.343(a)(1)(iii).

AGGREGATE AMOUNT:

• Payments to Indians

303.731(a)(3).

• State allotments (Definition)

303.732(d)(1).

○ See also “State allotments”

303.732(a),(b).

AMENDMENTS (To a State's application):

• Functions of the Council (Advise and assist lead agency with)

303.604(a)(4).

• Modifications required by the Secretary

303.228(c)(1).

AMERICANS WITH DISABILITIES ACT:

• Civil Action

303.448(e).

APPLICABLE REGULATIONS

303.3.

APPLICATION:

• See “State Application”

ASSESSMENT:

• Assessment of child and family (Definition)

303.321(a)(2)(ii).

• Early Intervention services (Types of services)

303.13(b)(6)(i), (b)(7)(i), (b)(8)(i), (b)(9)(i), (b)(10)(i)-(b)(10)(ii), (b)(13)(ii), (b)(17)(i).

• Procedures for assessment of the child

303.321(c)(1).

• Procedures for assessment of the family

303.321(c)(2).

• Voluntary on part of the family

303.321(c)(2)(i).

• See also “Evaluation (And Assessment)”

ASSISTANTS (In personnel standards):

• Use of

303.119(c).

• See also “Paraprofessionals”.

ASSISTIVE and ORTHOTIC DEVICES:

• Occupational therapy (Fabrication of)

303.13(b)(8)(ii).

ASSISTIVE TECHNOLOGY (AT):

• Assistive Technology (AT) device

303.13(b)(1)(i).

• Assistive Technology (AT) service

303.13(b)(1)(ii).

AT NO COST:

• Early Intervention services

303.13(a)(3).

• Initial copy of Early Intervention record

303.409(c).

• Parental rights at hearings (Record of hearing)

303.444(c)(2).

• System of payments and fees

303.521(a)(4)(i)-(a)(4)(ii).

AT-RISK:

• Annual report of children served

303.721(a)(3).

• Audiology services (At-risk criteria)

303.13(b)(2)(i).

• Council (Authorized activities)

303.605(b).

• Definition (Infant or toddler)

303.5.

• Description of Early Intervention services to

303.204(b).

• Infant or toddler with a disability

303.21(b).

• Permissive use of funds by lead agency

303.501(e).

• Referral of specific at-risk infants and toddlers

303.303(b).

• State's definition of (Application requirements)

303.204(a).

AUDIOLOGY SERVICES:

• Definition

303.13(b)(2).

• Qualified personnel (Audiologists)

303.13(c)(1).

AUTHORIZED ACTIVITIES:

• Council

303.605.

AWARD:

• Eligible recipients

303.2(a).

• See also “Grants”.

BIE:

• See “Bureau of Indian Education”.

BLINDNESS; BLIND:

• Native language

303.25(b).

• Special educators (Teachers of children with visual impairments (Including blindness))

303.13(c)(11).

BRAILLE:

• Native language

303.25(b).

BRAIN HEMORRAGE:

• At-Risk infant or toddler (Definition).

303.5.

BUREAU OF INDIAN EDUCATION (BIE):

• Bureau of Indian Education (BIE)-funded schools

303.23(c).

• Council Composition (Other members selected by the Governor)

303.601(c).

• Payments to Indians

303.731(d).

BUSINESS DAY (In Individuals with Disabilities Education Act (IDEA) Part B):

• Resolution process (Agreement review period)

303.442(e).

• Hearing rights

303.444(a)(3), (b)(1).

CALENDAR DAY:

• See “Day” (Definition)

303.9.

CHILD ABUSE, PREVENTION, AND TREATMENT ACT (CAPTA):

• Child protection and welfare programs under CAPTA

303.302(c)(1)(ii)(G).

CASE MANAGEMENT:

• In “Service coordination services”

303.34.

• Medicaid reference to

303.34(c).

CENTRAL DIRECTORY:

• Public awareness program

303.301(b)(3).

• State system requirement

303.117.

CERTIFICATION (In Administration):

• Annual report of children served

303.723.

• Annual report of children served (Other responsibilities of the lead agency)

303.724(c).

• Public participation application

303.208(a).

• Regarding financial responsibility

303.202.

• State application requirement

303.200(a).

CERTIFICATION (Of personnel):

• Personnel qualification standards

303.119(b).

• Qualified personnel (Definition)

303.31.

CHILD (Definition)

303.6.

CHILD ABUSE, PREVENTION, AND TREATMENT ACT:

• See “CAPTA”.

CHILD COUNT:

• Accurate and unduplicated count (Annual report of children served—certification)

303.723.

• Count and report (Annual report of children served—report requirement)

303.721(a).

• Other responsibilities of lead agency:

○ Aggregate count data

303.724(d).

○ Ensure documentation of count is maintained

303.724(e).

○ Obtain certification (Of unduplicated and accurate count)

303.724(c).

• Prohibited uses of funds (By Secretary of the Interior)

303.731(f).

CHILD'S ELIGIBILITY:

• Evaluation and assessment of child

303.320(a)(2)(i).

• No single procedure as sole criterion

303.321(b).

• Not eligible (Agency determination)

303.322.

• Parental consent before determining a child's eligibility

303.420(a)(1)-(2).

• Status of child during pendency of a due process complaint

303.430(e)(2).

• Transition to preschool

303.209(b)(1).

CHILD FIND (A-E):

• At public expense (Functions not subject to fees)

303.521(b)(1).

• Comprehensive child find system:

○ State system requirement

303.115.

○ Substantive requirement

303.302.

• Consistent with Part B

303.302(a)(1).

• Content of an individualized family service plan (IFSP) (Transmission of child find information)

303.344(h)(2)(iii).

• Coordination with other Federal and State efforts

303.302(c)(1)-(c)(2).

CHILD FIND (F-PO):

• Financial responsibility for

303.511(a).

• Functions of the Council (Intra-agency and interagency collaboration)

303.604(a)(3).

• Payments to Indians (Use of funds)

303.731(d).

• Payor of last resort (Interim payments and reimbursement)

303.510(b).

CHILD FIND (PR-Z):

• Primary referral sources

303.303(c).

• Public awareness program (Information to be provided to parents)

303.301(b).

• Referral procedures (In general)

303.303(a)(1).

• Scope of child find

303.302(b).

• Screening procedures

303.320.

• State monitoring and enforcement

303.700(d)(2).

• State system requirement

303.115.

CHILD WITH A DISABILITY:

• Composition of the Council

303.601(a)(1)(ii).

• Infant or toddler with a disability (Definition)

303.21(c).

• State option to make Early Intervention services available to children three and older (Rules of construction)

303.211(e)(1).

CHROMOSOMAL ABNORMALITIES:

• Diagnosed physical or mental condition

303.21(a)(2)(ii).

CIVIL ACTION (Part B):

• Civil action (In general)

303.448(a).

• Finality of review decision

303.446(d).

• Rule of construction

303.448(e).

• Time limitation

303.448(b).

CIVIL ACTION (Part C)

303.438.

CLEFT PALATE; CLUB FOOT (Surgery for):

• Health services (Not included)

303.16(c)(1)(i).

COCHLEAR IMPLANT:

• Assistive technology device (Not included)

303.13(b)(1)(i).

• Health services (Not included)

303.16(c)(1)(iii).

COGNITIVE DEVELOPMENT:

• Content of an individualized family service plan (IFSP) (Child's status)

303.344(a).

• Developmental delay in

303.21(a)(1)(i).

• Early Intervention services (Definition)

303.13(a)(4)(ii).

• Evaluation and assessment (Of child)

303.321(b)(3).

• Infant or toddler with a disability (Definition)

303.21(a)(1)(i).

COLOSTOMY COLLECTION BAGS:

• Health services (Included)

303.16(b)(1).

COMMINGLING:

• Prohibition against

303.225(a)(1).

COMMUNICATION DEVELOPMENT:

• Content of individualized family service plan (IFSP) (Child's status)

303.344(a).

• Developmental delay in

303.21(a)(1)(iii).

• Early Intervention services (Definition)

303.13(a)(4)(iii).

• Evaluation and assessment (Of child)

303.321(b)(3).

• Infant or toddler with a disability (Definition)

303.21(a)(1)(iii).

COMPLAINTS:

• Annual report of children served (Number of due process complaints)

303.721(c).

• Confidentiality procedures

303.401(b)(2).

• Minimum State complaint procedures (Comparison with due process complaints)

303.433(c).

○ See also “State Complaint Procedures”.

• State dispute resolution options:

○ Due process hearing procedures

303.430(d).

○ In general

303.430(a).

○ State complaint procedures

303.430(c).

COMPLIANCE:

• Compliance agreement (Enforcement)

303.704(b)(2)(ii).

• Compliance with certain regulations (Construction or alteration of facilities)

303.104(b).

• Corrective action plans to achieve compliance (Enforcement)

303.704(b)(2)(i).

• Modifications of State application required by the Secretary (For compliance)

303.228(c).

• Reports and records (To ensure compliance with Part C)

303.224(b).

COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT (CSPD)

303.118.

CONFIDENTIALITY (A-D):

• Access rights

303.405.

• Confidentiality and opportunity to examine records

303.401(a)-(c).

• Consent prior to disclosure or use

303.414.

• Definitions:

○ Destruction

303.403(a).

○ Early Intervention records

303.403(b).

○ Participating agency

303.403(c).

• Destruction of information

303.416.

CONFIDENTIALITY (E-N):

• Enforcement by lead agency

303.417.

• Family Educational Rights and Privacy Act (FERPA)

303.401(b).

• Fees for records

303.409.

• Hearing procedures

303.413.

• List of types and locations of information

303.408.

• Notice to parents

303.404.

CONFIDENTIALITY (O-Z):

• Opportunity for a hearing

303.411.

• Parental authority to inspect and review records

303.405(c).

• Record of access

303.406.

• Records on more than one child

303.407.

• Result of hearing

303.412.

• Safeguards

303.415.

• Secretary's action (To protect)

303.402.

CONGENITAL DISORDERS:

• Diagnosed physical or mental condition (Infant or toddler with a disability)

303.21(a)(2)(ii).

CONGENITAL HEART AILMENTS:

• Health services (Not included)

303.16(c)(1)(ii).

CONGENITAL INFECTIONS:

• Diagnosed physical or mental condition (Infant or toddler with a disability)

303.21(a)(2)(ii).

CONSENT (A-H):

• Continue Early Intervention services from age three to kindergarten, with consent

303.501(d).

• Definition

303.7.

• Due process complaint (Sufficiency to amend)

303.441(d)(3)(i).

• Early Intervention services

303.420(a)(3).

• Early Intervention services in lieu of Free Appropriate Public Education (FAPE) from age three to kindergarten

303.501(d).

• Evaluation and assessment of a child

303.420(a)(2).

• Granting of consent is voluntary

303.7(c)(1).

• Hearing rights (Additional disclosure)

303.444(b)(2).

CONSENT (I-Q):

• Individualized family service plan (IFSP) (Definition)

303.20(c).

• Insurance:

○ Private insurance

303.520(b).

○ Public insurance

303.520(a).

• Interim individualized family service plan (IFSP)

303.345(a).

• Lead agency responsible for procedural safeguards (Consent and notice, etc. )

303.400(a).

• Lead agency role if consent not given

303.420(b).

• Parental consent and ability to decline services

303.420.

• Permissive use of funds by lead agency (Continue Early Intervention services in lieu of Free Appropriate Public Education (FAPE))

303.501(d).

• Prior to disclosure or use of personally identifiable information

303.414.

• Provision of Early Intervention services before evaluation and assessment are completed

303.345(a).

CONSENT (R-Z):

• Required before:

○ Administering screening procedures

303.420(a)(1).

○ Conducting an evaluation and assessment of a child

303.420(a)(2).

○ Providing Early Intervention services

303.420(a)(3).

○ Using private insurance

303.520(b).

• Revocation of consent (Not retroactive)

303.7(c)(2).

• State option for Early Intervention services after age three:

○ Available funds for

303.211(d).

○ Continuation of Early Intervention services

303.211(b)(5).

○ Referral to Part C (Trauma due to exposure to family violence, under age three)

303.211(b)(7).

• Status of child during due process complaint

303.430(e).

• Timelines for screening, initial evaluation, or assessments

303.310(b)(2).

CONSTRUCTION or ALTERATION (Of facilities):

• Compliance with certain regulations

303.104(b).

• Use of funds for

303.104(a).

CONSTRUCTION CLAUSES (A-M):

• Civil action (Nothing restricts rights, except that procedures under §§ 303.440 and 303.446 must be exhausted before filing a civil action)

303.448(e).

• Hearing decisions—Nothing:

○ Affects the right of a parent to appeal a hearing decision

303.445(b).

○ Precludes a hearing officer from requiring compliance with §§ 303.440-449

303.445(a)(3).

○ Precludes a parent from filing a separate due process complaint

303.445(c).

• Indian tribe (Nothing requires services or funding to a State Indian Tribe not in the Federal Register list pursuant to the Federally Recognized Indian Tribe List Act of 1994)

303.19(c).

CONSTRUCTION CLAUSES (N-Z):

• Nationwide database of personally identifiable information on individuals involved in studies, etc. (Nothing construed to authorize)

303.701(c)(3).

• Non-reduction of benefits (Payor of last resort)

303.510(c).

• Personnel standards (Nothing prohibits the use of paraprofessionals and assistants)

303.119(c).

• Secretary's authority to monitor enforcement of General Education Provisions Act (GEPA)

303.707.

• State option to make services available after age three:

○ If Early Intervention services provided to a child eligible under § 619, Free Appropriate Public Education (FAPE) not required

303.211(e)(1).

○ Service provider under Part C not required to provide Free Appropriate Public Education (FAPE)

303.211(e)(2).

CONSULTATION:

• By physicians (Health services)

303.16(b)(2).

• On child development (Psychological services)

303.13(b)(10)(iv).

CONTENT OF INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP)

303.344.

• See also “Individualized Family Service Plan (IFSP) Content”.

CONTRACTS:

• Certification regarding financial responsibility (Lead agency's contracts with Early Intervention service providers)

303.202.

• Payments to Indians:

○ Biennial report to Secretary of the Interior (Number of contracts, etc. )

303.731(e)(1).

○ Use of funds for Early Intervention services through contracts or cooperative agreements

303.731(d)(1).

• Mediation (Meeting to encourage)

303.431(d)(1).

• Parent (Definition)

303.27(a)(2).

• Policy for contracting for services

303.121.

CONVENIENCE (OF HEARINGS; MEETINGS):

• Convenience of hearings and timelines (Part C)

303.437.

• Individualized family service plan (IFSP) meetings (Accessibility and convenience of)

303.342(d).

• Timelines and convenience of hearings and reviews (Part B)

303.447.

• See also “Accessible; Accessibility”.

COORDINATION (A-O):

• Child find (Coordination of lead agency's efforts with the assistance of Council)

303.302(c)(1).

• Establishing financial responsibility for, and methods of, ensuring services (Additional components)

303.511(e).

• Head Start, Early Head Start, early education, and child care

303.210(a).

• Individualized family service plan (IFSP):

○ Content of (Service coordinator)

303.344(g)(1).

○ Statewide system requirement (Including service coordination services)

303.114.

• Lead agency role in interagency coordination, etc.

303.120(b), (f).

• Methods for financial interagency coordination

303.511.

COORDINATION (P-Z):

• Payor of last resort (Coordination of funding resources)

303.500(a)(2).

• Purpose of Early Intervention program (Facilitate coordination of payment)

303.1(b).

• Service coordination services (In definition of “Early Intervention services”)

303.13(b)(11).

○ See “Service coordination services (Case management).”

303.34.

○ See also “Service Coordination”.

• Services before evaluations and assessments completed (Service coordinator)

303.345(b)(1).

• Statewide system and description of services

303.203(b).

• Use of funds and payor of last resort (Coordination of funding resources)

303.500(a)(2).

CO-PAYMENTS; CO-PAYS:

• Policies related to use of insurance for payment for services:

○ Private insurance

303.520(b).

○ Public insurance

303.520(a).

• System of payments and fees

303.521(a)(6).

• See also “System of Payments”; “Fees”.

COST PARTICIPATION FEES:

• System of payments and fees

303.521(a)(1).

COUNCIL:

• Definition

303.8.

• See “State Interagency Coordinating Council”

303.600-303.605.

CRITERIA:

• Assessment of the child and family

303.321(c).

• At-risk criteria

303.5, 303.204.

• Content of individualized family service plan (IFSP) (Results or outcomes)

303.344(c).

• Early Intervention services (Audiology services)

303.13(b)(2)(i).

• Early Intervention services (Other services)

303.13(d).

• State definition of developmental delay

303.111(b).

• Surrogate parents (Selection of)

303.422(d).

CSPD (COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT)

303.118.

CULTURALLY COMPETENT SERVICES

303.227(b).

CURRICULUM PLANNING:

• In “Early Intervention services” definition (Special instruction)

303.13(b)(14)(ii).

DATA (A-H):

• Annual report of children served (Aggregate data)

303.724(d).

• Confidentiality (Personally identifiable data)

303.402.

• Data collection (Construction clause)

303.701(c)(3).

• Data collection (Statewide system)

303.124.

• Data reporting:

○ Protection of identifiable data

303.722(a).

○ Sampling

303.722(b).

• Data requirements (In general)

303.720.

• Exit data (Destruction of information)

303.416(b).

DATA (I-Z):

• Infants and toddlers (Definition)

303.732(d)(2).

• Insufficient data (State use of targets and reporting)

303.702(b)(3).

• State performance plans and data collection

303.701.

○ Construction clause (Nationwide data base)

303.701(c)(3).

○ Data collection

303.701(c).

○ Data on specific indicators

303.701(c)(2).

• State use of targets and reporting.

303.702(b)(1)(ii).

• Statistically reliable information (Insufficient data)

303.702(b)(3).

DAY:

• Definition

303.9.

• See also “Timelines”

DEAF; DEAFNESS:

• Council Meetings (Interpreters for)

303.602(b)(3).

• Early Intervention services (Special educators)

303.13(c)(11).

• Native language

303.25(b).

DEFINITIONS (A-D):

• Ability to pay (State's definition)

303.521(a)(3).

• Act

303.4.

• Aggregate amount (State allotments)

303.732(d)(1).

• Assessment of the child and the family

303.321(a)(2)(ii), 303.321(c)(1)-(c)(2).

• Assistive technology devices and services

303.13(b)(1).

• Audiology services

303.13(b)(2).

• Child

303.6.

• Consent

303.7.

• Council

303.8.

• Day

303.9.

• Destruction (Of a record)

303.403(a).

• Developmental delay

303.10.

• Duration (Content of an individualized family service plan (IFSP))

303.344(d)(2)(iv).

DEFINITIONS (E-H):

• Early Intervention record

303.3(b)(2), 303.403(b).

• Early Intervention service program

303.11.

• Early Intervention service provider

303.12.

• Early Intervention services

303.13.

• Education records

303.3(b)(2).

• Elementary school

303.14.

• Evaluation

303.321(a)(2)(i).

• Family training, counseling, and home visits

303.13(b)(3).

• Free Appropriate Public Education (FAPE)

303.15.

• Frequency and intensity (Content of an individualized family service plan (IFSP))

303.344(d)(2)(i).

• Health services

303.16.

• Homeless children

303.17.

DEFINITIONS (I-M):

• Impartial

303.435(b).

• Include; including

303.18.

• Indian; Indian tribe

303.19.

• Individualized family service plan (IFSP)

303.20.

• Infants and toddlers (State allotments)

303.732(d)(2).

• Infant or toddler with a disability

303.21.

• Lead agency

303.22.

• Length (Content of an individualized family service plan (IFSP))

303.344(d)(2)(iii).

• Local educational agency (LEA)

303.23.

• Location (Content of an individualized family service plan (IFSP))

303.344(d)(3).

• Medical services

303.13(b)(5).

• Method (Content of an individualized family service plan (IFSP))

303.344(d)(2)(ii).

• Multidisciplinary

303.24.

DEFINITIONS (N-R):

• Native language

303.25.

• Natural environments

303.26.

• Nursing services

303.13(b)(6).

• Nutrition services

303.13(b)(7).

• Occupational therapy

303.13(b)(8).

• Parent

303.27.

• Participating agency (Personally identifiable information)

303.403(c).

• Parent training and information center

303.28.

• Personally identifiable information

303.29, 303.401.

• Physical Therapy

303.13(b)(9).

• Primary referral sources

303.303(c).

• Psychological services

303.13(b)(10).

• Public agency

303.30.

• Qualified personnel

303.31.

DEFINITIONS (S-Z):

• Scientifically based research

303.32.

• Screening procedures

303.320(b).

• Secretary

303.33.

• Service coordination services (Case management)

303.34.

○ See also “Early Intervention services” definition

303.13(b)(11).

• Sign language and cued language

303.13(b)(12).

• Social work services

303.13(b)(13).

• Special instruction

303.13(b)(14).

• Speech-language pathology services

303.13(b)(15).

• State

303.35.

• State (State allotments)

303.732(d)(3).

• State educational agency (SEA)

303.36.

• Transportation and related costs

303.13(b)(16).

• Vision services

303.13(b)(17).

• Ward of the State

303.37.

DEPARTMENT PROCEDURES:

• State application and assurances

303.231-303.236.

DEVELOPMENTAL DELAY:

• At-risk infant or toddler (Definition)

303.5.

• Definition

303.10.

• Infant or toddler with a disability (Definition)

303.21(a)(1), (a)(2)(i).

• Purpose of the Early Intervention program

303.1(e).

• Statewide system (State's rigorous definition)

303.203(c).

• State definition

303.111.

DEVELOPMENTAL DISABILITIES ASSISTANCE and BILL OF RIGHTS ACT:

• Child find coordination

303.302(c)(1)(ii)(D).

DIAGNOSED PHYSICAL OR MENTAL CONDITION:

• Infant or toddler with a disability (Definition)

303.21(a)(2).

DIETICIANS:

• Early Intervention services (Qualified personnel)

303.13(c)(9).

DIRECT SERVICES:

• Description of use of funds

303.205(d).

○ See also “Use of Funds”.

DISORDERS:

• Infant or toddler with a disability (Definition)

303.21(a)(2)(ii).

• Speech-language pathology services (Definition)

303.13(b)(15).

• Vision services (Definition)

303.13(b)(17).

DISPUTES; DISPUTE RESOLUTION:

• Impartial due process hearing

303.443(a).

• Intra-agency or interagency disputes

303.511(c)(1).

• Lead agency role in resolving disputes

303.120(d)-(f).

• Mediation

○ In general

303.431.

○ State dispute resolution

303.430(b).

• Procedures for resolving disputes (Methods of ensuring services)

303.511(c).

• Resolution process (Part B).

○ Due process procedures (Comparison of Part B and C)

303.430(d).

○ Resolution meeting

303.442(a).

○ Written settlement agreement

303.442(d).

• State dispute resolution options:

○ Mediation

303.430(b).

○ Status of child during pendency of a due process complaint

303.430(e).

DRESSINGS; COLOSTOMY BAGS (Changing of):

• Health services (Definition)

303.16(b)(1).

DUE PROCESS HEARING PROCEDURES—Options:

• Part B procedures

303.430(d)(2).

• Part C procedures

303.430(d)(1).

DUE PROCESS PROCEDURES—Part B:

• Adopting Part B procedures (By lead agency)

303.430(d)(2).

• Civil action

303.448.

• Due process complaint

303.441.

• Filing a due process complaint

303.440.

• Finality of decision; appeal; impartial review

303.446.

• Hearing decisions

303.445.

• Hearing rights

303.444.

• Impartial due process hearing

303.443.

• Resolution process

303.442.

• State enforcement mechanisms

303.449.

• Timelines and convenience of hearings and reviews

303.447.

DUE PROCESS PROCEDURES-Part C:

• Appointment of impartial hearing officer

303.435.

○ Definition of “impartial”

303.435(b).

○ Qualifications and duties

303.435(a).

• Civil action

303.438.

• Convenience of hearings and timelines

303.437.

• Parental rights in due process hearings

303.436.

• See “Status of child during pendency of a due process hearing request”

303.430(e).

• See also “Procedural Safeguards”.

EARLY HEAD START:

• Child find Coordination

303.302(c)(1)(ii)(E).

• Content of an individualized family service plan (IFSP) (Transition from Part C)

303.344(h)(1)(ii).

• Coordination with Head Start and Early Head Start, early education, and child care programs

303.210(a).

• Comprehensive system of personnel development (CSPD) (Transition from Part C)

303.118(a)(3).

EARLY HEARING DETECTION AND INTERVENTION (EHDI):

• Child find system

303.302(c)(1)(ii)(J).

EARLY INTERVENTION SERVICES:

• Definitions:

○ General

303.13(a).

○ Other services

303.13(d).

○ Qualified personnel

303.13(c).

○ Types of Early Intervention services

303.13(b).

EARLY INTERVENTION SERVICE (EIS) PROGRAM:

• Definition

303.11.

• State monitoring and enforcement

303.700.

• State performance plans and data collection

303.701.

• State use of targets and reporting

303.702.

EARLY INTERVENTION SERVICE (EIS) PROVIDER:

• Applicability of this part

303.2(b)(1)(i).

• Definition

303.12(a).

• Participating agency (Definition)

303.403(c).

• Requirement to attend individualized family service plan (IFSP) meetings

303.343(a)(1)(vi).

• Responsibility and accountability

303.12(b), 303.346.

• State ability to impose funding conditions (State's monitoring and enforcement)

303.700(a)(3).

• State dispute resolution options

303.430.

• State requirement to monitor

303.120.

EARLY PERIODIC DIAGNOSIS, SCREENING, AND TREATMENT (EPSDT):

• Child find (Coordination)

303.302 (c)(1)(ii)(C).

EDUCATIONAL SERVICE AGENCY:

• Local educational agency (LEA) (Definition)

303.23(b)(1).

EHDI—Early Hearing Detection and Intervention

303.302(c)(1)(ii)(J).

ELIGIBLE RECIPIENTS OF AN AWARD

303.2.

ELIGIBILITY (CHILD):

• See “Child Eligibility”

ELIGIBILITY (STATE):

• Requirements for a grant

303.101.

ENVIRONMENTAL or BIOLOGICAL FACTORS:

• At-risk infant or toddler (Definition)

303.5.

EPSDT:

• See “Early Periodic Screening, Diagnosis, and Treatment”.

EQUITABLE ACCESS TO, AND EQUAL PARTICIPATION IN, THE PART C STATEWIDE SYSTEM

303.212(a).

ESTABLISHING FINANCIAL RESPONSIBILITY and METHODS OF ENSURING SERVICES

303.511.

EVALUATION, ASSESSMENT, and NONDISCRIMINATORY PROCEDURES

303.113.

EVALUATION (AND ASSESSMENT) (A-E):

• Assessment of child (Definition)

303.321(c)(1).

• Assessment of family (Definition)

303.321(c)(2).

• Confidentiality procedures

303.401(b)(2).

• Consent before evaluations and assessments are conducted

303.420(a)(2).

• Determination that a child is not eligible

303.322.

• Due process complaint

303.441(e)(1)(iii).

• Early Intervention services:

○ Qualified personnel (Pediatricians, etc, for diagnosis and evaluation)

303.13(c)(6).

○ Types of services

303.13(b)(1)(ii)(A), (b)(2)(ii), (b)(5), (b)(9)(i), (b)(17)(i).

• Evaluation (Definition)

303.321(a)(2)(i).

EVALUATION (AND ASSESSMENT) (F-L):

• Family assessment

303.321(c)(2), 303.344(b).

• Family information

303.344(b).

• Filing a due process complaint (Part B)

303.440(a)(1).

• Financial responsibility

303.511(a).

• Functions not subject to fees

303.521(b)(2).

• Hearing officer decision

303.445(a)(2)(i)-(ii).

• Hearing rights

303.444(b).

• Individualized family service plan (IFSP):

○ Annual meeting to evaluate the individualized family service plan (IFSP)

303.342(c).

○ Child's status

303.344(a).

○ Definition

303.20(a).

• Initial and annual individualized family service plan (IFSP) Team meetings

303.343(a)(1)(v).

EVALUATION (AND ASSESSMENT) (M-PO):

• Multidisciplinary:

○ Definition

303.24.

○ Early Intervention service (EIS) provider

303.12(b)(1).

○ Evaluation and assessment of the child

303.321(a)(1)(i).

○ Statewide system

303.113(a)(1).

• Native language (Definition)

303.25(a)(2).

• Nondiscriminatory:

○ Evaluation of the child (No single procedure used)

303.321(a)(4).

○ Nondiscriminatory procedures (Title)

303.113.

• Parental consent

303.420(a)(2), (b)(1)-(b)(2), (c)(1).

• Payor of last resort (Interim payments)

303.510(b).

• Post-referral timeline (45 days)

303.310.

○ Exceptional circumstances (Not within 45 days)

303.310(b)(1).

EVALUATION (AND ASSESSMENT) (PR-Z):

• Prior written notice

303.421(a).

• Prior written notice (Must be in native language)

303.421(c).

• Provision of Services before evaluations and assessments are completed

303.345.

• Public awareness program

303.301(b)(2).

• Referral procedures

303.303.

• Screening procedures

303.320(a), (c).

• Service coordination services (Case management)

303.34(b)(3).

• Timelines (45 days)

303.310(a).

○ Exception to 45-day timeline

303.310(b).

• Transition from Part C services

303.344(h)(2)(iii).

• See also “Assessment”.

EVALUATION, ASSESSMENT, AND NONDISCRIMINATORY PROCEDURES

303.113.

EXCEPTION(S):

• Consent prior to disclosure (Except to lead agency and Early Intervention service (EIS) providers)

303.414(b).

• Filing a due process complaint

303.440(a)(2).

• Post-referral timeline (Exceptional circumstances)

303.310(b)(1).

• Timeline for requesting a hearing (Exceptions)

303.443(f).

• Ward of the State (Definition)

303.37(b).

FAMILY; FAMILIES (A-E):

• Ability to pay (State's definition)

303.521(a)(3).

• Assessment of the family

303.321(a)(1)(ii)(B).

• Availability of Early Intervention services

303.112.

• Comprehensive system of personnel development (CSPD) (Training personnel to support families)

303.118(b)(3).

• Due process

303.435(a)(1), 303.440(a)(1).

• Early Intervention services

303.13(a)(3)-(a)(4), (b)(1)(ii)(E), (b)(3), (b)(10)(iii), (b)(10)(iv), (b)(13)(iii)-(b)(13)(v), (b)(14)(iii), (b)(16).

• Evaluation and assessment of child and family:

○ In native language

303.321(a)(5)-(6).

○ Post-referral timeline

303.310(a).

FAMILY; FAMILIES (F-H):

• Family-directed identification of needs

303.113(a)(2), (b).

• Family therapists

303.13(c)(2).

• Family training, counseling, and home visits

303.13(b)(3).

• Family Violence Prevention and Services Act

303.211(b)(7), 303.302(c)(1)(ii)(I).

• Homeless family shelters (Primary referral sources)

303.303(c)(10).

FAMILY; FAMILIES (INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP)):

• Content of an individualized family service plan (IFSP) (Family information)

303.344(b), (c).

• Individualized family service plan (IFSP) Team meetings:

○ Accessibility and convenience

303.342(d)(1)(i), (d)(2).

○ Advocate outside the family

303.343(a)(1)(iii).

○ Native language (Meeting conducted in)

303.342(d)(1)(ii).

○ Other family members as requested by parent

303.343(a)(1)(ii).

○ Written notice to family

303.342(d)(2).

FAMILY; FAMILIES (IN-R):

• Interim individualized family service plan (IFSP)

303.345.

• Parents determine whether to accept or decline service (For other family members)

303.420(d)(1).

• Payor of last resort (Interim payments)

303.510(b).

• Permissive use of funds by lead agency

303.501(a)-(b).

• Prior written notice

303.421(a).

• Private insurance

303.520(b)(2)(i)-(b)(2)(iii).

FAMILY; FAMILIES (SE-ST):

• Service coordination services (Case management):

○ Specific service coordination services

303.34(b)(1), (b)(5).

○ Definition

303.34(a).

• State complaint procedures

303.432(b).

• State eligibility requirements (Assurance regarding Early Intervention services)

303.101(a)(1)(i)-(a)(1)(ii).

• State option to make Early Intervention services available for children three and older:

○ Possible costs to families

303.211(b)(1)(ii)(C).

○ Referral of a child (Substantiated case of trauma due to family violence)

303.211(b)(7).

FAMILY; FAMILIES (SU-Z):

• Surrogate parents

303.422(d).

• Traditionally underserved groups:

○ Access to culturally competent services

303.227(b).

○ Minority, low-income, homeless, and rural families and wards of the State

303.227(a).

• Transition to preschool:

○ Conference to discuss services

303.209(c).

○ Notification of local educational agency (LEA)

303.209(b).

○ Transition plan

303.209(d)(3).

FAMILY ASSESSMENT:

• Assessment of the family (Definition)

303.321(c)(2).

• Content of an individualized family service plan (IFSP) (Family information)

303.344(b).

• Evaluation and assessment of child and family

303.321(c).

• Post-referral timeline

303.310(a).

FAMILY-DIRECTED:

• Assessment of resources

303.12(b)(1).

• Identification of needs

303.113(a)(2), (b).

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA):

• Confidentiality procedures

303.401(b)(1).

FAMILY THERAPISTS:

• Qualified personnel (Early Intervention services)

303.13(c)(2).

FAMILY TRAINING, COUNSELING, AND HOME VISITS:

• Early Intervention services (Definition)

303.13(b)(3).

FAMILY VIOLENCE PREVENTION AND SERVICES ACT

303.211(b)(7), 303.302(c)(1)(ii)(A).

FAPE

• See “Free Appropriate Public Education.”

FEDERAL COURT:

• Civil action (Part C)

303.438.

• Impartial hearing officer

303.443(c)(1)(ii).

• Mediation (Discussions not used in court)

303.431(b)(7).

• State application (Modifications to)

303.228(c)(2).

FEDERAL FUNDS:

• Expenditure of funds

303.221.

• Fiscal control

303.226.

• Indirect costs (Cognizant Federal agency)

303.225(c)(2).

• Proceeds from public or private insurance

303.520(d).

• Requirement to supplement and not supplant

303.225(a).

FEDERAL LAW(S):

1. • Alaska Native Claims Settlement Act

303.19(b).

2. • Americans With Disabilities Act (ADA) of 1990

303.448(e).

3. • Child Abuse Prevention and Treatment Act (CAPTA), see CAPTA.

4. • Confidentiality

303.401(a), (c)(2).

5. • Developmental Disabilities Assistance and Bill of Rights Act

303.302(c)(1)(ii)(D).

6. • Early Intervention services (Services at no cost unless Federal or State law requires fees)

303.13(a)(3).

7. • Family Educational Rights and Privacy Act (FERPA)

303.401(b).

8. • Family Violence Prevention & Services Act

303.211(b)(7), 303.302(c)(1)(ii)(A).

9. • Federally Recognized Indian Tribe List Act of 1994 (section 104)

303.19(c).

10. • Head Start Act, see Head Start.

11. • Indian Self-Determination and Education Assistance Act

303.731(a)(1).

12. • Individuals with Disabilities Education Act (IDEA)

303.4.

13. • Rehabilitation Act of 1973 (title V)

303.448(e).

14. • Social Security Act (MCHB/Title V, SSI/XVI, and Medicaid/Title XIX,), see Social Security Act.

15. • State application (Modifications)

303.228(c)(3).

FEDERALLY RECOGNIZED INDIAN TRIBE LIST ACT OF 1994

303.19(c).

FEDERAL REGULATIONS:

• Amendment to Act or a Federal regulation

303.228(c)(1).

• Knowledge of impartial hearing officer

303.443(c)(1)(ii).

FEES (A-R):

• Ability to pay (State's definition)

303.521(a)(3).

• Assurance (Fees will not be charged for services entitled to at no cost)

303.521(a)(4)(i).

• Co-payments or deductible amounts

303.521(a)(6).

• Cost participation fees

303.521(a)(1).

• Fees (Under confidentiality)

303.409.

• Functions not subject to fees

303.521(b).

• Income and family expenses (State's definition)

303.521(a)(3).

• Inability to pay—State's definition

303.521(a)(3).

FEES (S-Z):

• State option to make services available to children ages three and older

303.211(b)(1)(ii)(C), (d).

• Sliding fees (Schedule of):

○ Early Intervention services

303.13(a)(3).

○ System of payments and fees

303.521(a)(1).

• State's definition of ability to pay

303.521(a)(3).

• State system of payments and fees

303.203(b).

• See also “INSURANCE.”

FERPA (Family Educational Rights and Privacy Act)

303.401(b)(1).

FETAL ALCOHOL SYNDROME:

• Diagnosed physical or mental condition

303.21(a)(2)(ii).

FILING (FILED) REQUIREMENTS:

• Adoption of State complaint procedures

303.432(a)(1).

• Civil action (Rule of construction)

303.448(e).

• Due process complaint

303.441(a)(2), (d)(4).

• Due process hearing procedures

303.430(d)(1)(ii).

• Filing a due process complaint

303.430(d)(1)(ii), 303.440(a)(2).

• Filing a State complaint

303.434(d).

• Filing requirements regarding a State application

303.235.

• Impartial due process hearing (Exception to timeline)

303.443(f).

• Mediation

303.431(a).

• Resolution process

303.442(b)(3).

• Separate due process complaint

303.445(c).

FISCAL CONTROL (AND FUND ACCOUNTING PROCEDURES)

303.226.

FORMULA:

• For State allocations

303.730.

FOSTER CARE:

• Child find:

○ Scope

303.302(b)(1)(ii).

○ Coordination

303.302(c)(1)(ii)(G).

• Confidentiality (Access rights)

303.405(c).

• Council (Composition)

303.601(a)(12).

• Primary referral sources

303.303(c)(9).

• Purpose of Early Intervention Program

303.1(d).

FOSTER PARENT:

• Parent (Definition)

303.27(a)(2).

• Ward of the State (Exception)

303.37(b).

FREE APPROPRIATE PUBLIC EDUCATION (FAPE):

• Definition

303.15.

• Permissive use of funds by lead agency

303.501(c)-(d).

• State option to make services available to children ages three and older

303.211(e)(1)-(2).

• States with Free Appropriate Public Education (FAPE) mandates to serve children under age three

303.521(c).

FREQUENCY and INTENSITY:

• Content of an individualized family service plan (IFSP)

303.344(d)(1)(i).

• Definition

303.344(d)(2)(i).

FUNCTIONS NOT SUBJECT TO FEES:

• Administrative and coordinative activities

303.521(b)(4).

• Child find requirements

303.521(b)(1).

• Evaluation and assessment

303.521(b)(2).

• Service coordination services

303.521(b)(3).

FUNDING SOURCES:

• Service coordination services

303.34(b)(9).

FUNDS (A-D):

• Acquisition of equipment and construction or alteration of facilities

303.104(a).

• Allocation of funds (Outlying areas):

○ Consolidation of funds

303.730(b).

○ Reservation of funds

303.730(a).

• Control of funds and property

303.223.

• Council:

○ Funds for interpreters

303.602(b)(3).

○ Use of funds by

303.603.

• Designation of lead agency

303.201.

• Description of use of funds

303.205.

• Direct services

303.205(d).

FUNDS (E-FA):

• Early Intervention service provider

303.12(a).

• Enforcement (By the Secretary):

○ Needs intervention (Seeks to recover funds)

303.704(b)(2)(iii).

○ Needs substantial intervention

303.704(c)(1).

○ Opportunity for hearing

303.705(a).

○ Suspension (Of payments)

303.705(b).

○ Withholding funds

303.705.

• Expenditure of (Federal) funds

303.221.

• Family fees

303.521(d).

FUNDS (FE-O):

• Federal funds to supplement

303.225(a)(2).

• Fiscal control

303.226.

• Funds under a State's system of payments

303.521(a)(6), (d).

• Inability to pay

303.520(e), 303.521(a)(3).

• Lead agency (Receives Federal funds to administer Part C)

303.22.

• Non-substitution of funds (Payor of last resort)

303.510(a).

• Outlying areas (Formula for State allocations)

303.730.

FUNDS (PA-R):

• Payments to Indians:

○ Prohibited uses of funds

303.731(f).

○ Use of funds

303.731(d)(1).

• Payor of last resort (Non-substitution of funds)

303.510(a).

• Permissive use of funds

303.501.

• Proceeds or funds from public or private insurance

303.520(d).

• Prohibition against commingling

303.225(a)(1).

• Prohibition against supplanting

303.225(a)(2).

• Reallotment of (State) funds

303.733.

• Reimbursement procedures

303.122.

• Reports and records

303.224.

• Reservation of funds for outlying areas

303.730(a).

FUNDS (S-Z)

• State allotments

303.732(a), (c)(2), (d).

• State conformity with Part C

303.102.

• State educational agency (SEA)

303.36(b).

• State monitoring and enforcement

303.700(a)(3), 303.704(b)(2)(iii), 303.704(c)(1), 300.705(a)-(b).

• State option to make services available to children ages three and older (Available funds)

303.211(d).

• States with Free Appropriate Public Education (FAPE) mandates

303.521(c).

• State's definition (Inability to pay)

303.521(a)(3), (a)(4)(ii).

• Suspension (Of payments)

303.705(b).

• System of payments and fees

303.521(a)(6), (c), (d).

• Unable to pay

303.520(d), 303.520(c), 303.521(a)(6).

• Use of funds (Payor of last resort)

303.510(a).

• Withholding funds

303.705.

• See also “Grants” and “Payments”.

FUNDS (PART B):

• States with Free Appropriate Public Education (FAPE) mandates or that use Part B funds for children under age three

303.521(c).

FUNDS (PART C):

• Early Intervention service provider

303.12(a).

• State conformity with Part C

303.102.

• Withholding funds:

○ Opportunity for a hearing

303.705(a).

○ Suspension

303.705(b).

GENETIC or CONGENITAL DISORDERS:

• Diagnosed physical or mental condition (Infant or toddler with a disability)

303.21(a)(2)(ii).

GOVERNOR; GOVERNOR'S DESIGNEE:

• Council:

○ Appointed by Governor

303.600(b).

○ Chairperson

303.600(c).

○ Composition

303.601(b)-(c).

○ Functions (Annual report to Governor)

303.604(c).

○ Use of funds by Council (Approval)

303.603(a).

• Financial responsibility and methods of ensuring services:

○ Other methods determined by Governor

303.511(b)(3).

○ Procedures for resolving disputes

303.511(c)(1).

• Lead agency:

○ Designated by Governor

303.22.

○ Role in supervision, etc.

303.120.

• State educational agency (SEA)

303.36(a).

GRANDPARENT:

• Parent (Definition)

303.27(a)(4).

GRANTS; GRANTS TO STATES:

• Consolidation of grants (Outlying areas)

303.730(b).

• Reservation for State incentive grants

303.734.

• Secretary's authority to make grants

303.100.

• See also “Award” and “Payments to Indians”.

GUARDIAN:

• Parent (Definition)

303.27(a)(3).

GUARDIANSHIP:

• Confidentiality (Access rights)

303.405(c).

HEAD START; HEAD START ACT:

• Child find system (Coordination)

303.302(c)(1)(ii)(E).

• Council (Composition)

303.601(a)(8).

• Comprehensive system of personnel development (CSPD) (Training to coordinate transition services and personnel)

303.118(a)(3), (b)(4).

• Early Head Start:

○ Coordination with

303.210(a).

○ Content of an individualized family service plan (IFSP) (Transition from Part C)

303.344(h)(1)(ii).

• Head Start Act (References)

303.210(a), 303.302 (c)(1)(ii)(E), 303.601(a)(8).

HEALTH INSURANCE

303.520(b)(2), 303.601 (a)(10).

HEALTH SERVICES:

• Definition

303.16.

• Early Intervention services (Definition)

303.13(b)(4).

• Interim payments—Reimbursement (Payor of last resort)

303.510(b).

• Non-covered services and devices

303.16(c).

• Services included

303.16(b).

HEALTH STATUS (MEDICAL HISTORY):

• Evaluation and assessment

303.321(a)(3)(i).

• Content of an individualized family service plan (IFSP) (Information about child's status)

303.344(a).

HEARING AID:

• Health services (Nothing prevents routinely checking)

303.16(c)(1)(iii)(B).

HEARING IMPAIRED; HEARING IMPAIRMENTS:

• Special educators including teachers of children with hearing impairments

303.13(c)(11).

HEARING LOSS:

• Audiology services

303.13(b)(2)(ii), (b)(2)(v).

HEARING OFFICER:

• Appointment of

303.443(c), 303.435.

• Dismissal of complaint

303.442(b)(4).

• Duties and qualifications

303.435(a), 303.443(c).

• Hearing decisions

303.445.

• Impartial (Definition)

303.435(b), 303.443(c).

• Sufficiency of complaint

303.441(d).

HEART AILMENTS:

• Health services (Non-covered services)

303.16(c)(1)(ii).

HISTORY OF ABUSE OR NEGLECT:

• At-risk infant or toddler (Definition)

303.5.

HISTORICALLY UNDERREPRESENTED POPULATIONS:

• Purpose of Early Intervention program

303.1(d).

• See “Inner-city,” “Low-income,” “Minority,” and “Rural” (Children), and “Foster care.”

• See also “Traditionally underserved groups.”

303.227.

HOMELESS CHILDREN:

• Assurances regarding Early Intervention services and a statewide system

303.101(a)(1)(ii).

• Child find system

303.302(b)(1)(ii).

• Council (Composition) (Representative designated by Office of the Coordination and Education of Homeless Children and Youth)

303.601(a)(11).

• Definition

303.17.

• Due process complaint (Content)

303.441(b)(4).

• Traditionally underserved groups

303.227(a).

HOMELESS FAMILY SHELTERS:

• Primary referral sources

303.303(c)(10).

HOSPITALS:

• Primary referral sources

303.303(c)(1).

• Public awareness program

303.301(a)(1)(ii).

HOSPITALIZATION (For management of congenital heart ailments):

• Non-covered health services

303.16(c)(1)(ii).

HYDROCEPHALUS (Shunting of):

• Non-covered health services

303.16(c)(1)(i).

IDEA (INDIVIDUALS WITH DISABILITIES EDUCATION ACT):

• Act (Definition)

303.4.

IEP (INDIVIDUALIZED EDUCATION PROGRAM):

• Free appropriate public education (FAPE) (Definition)

303.15(d).

IEU (INTERMEDIATE EDUCATIONAL UNIT):

• Local educational agency (LEA) (Definition)

303.23(b)(3).

IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN) (A-F):

• Acceptable time to meet for parents and others

303.342(b)(2).

• Accountability and responsibility

303.346.

• Annual meeting to evaluate

303.342(c).

• Component of statewide system

303.114.

• Content of an individualized family service plan (IFSP)

○ See “IFSP (Individualized family service plan) Content”.

• Dates and duration of services

303.344(f).

• Definition

303.20.

• Development of

303.342(a).

• Early Intervention services

303.344(d).

○ See also “IFSP (Individualized family service plan) Content”.

• Educational component (For children at least three years old)

303.344(d)(4).

• Family information

303.344(b).

IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN) (I-N):

• Individualized family service plan (IFSP) Team.

○ See “IFSP (Individualized family service plan) Team”.

• Information about child's status

303.344(a).

• Initial individualized family service plan (IFSP) Meeting

303.342(a).

• Interim individualized family service plan (IFSP)

303.345.

• Justification (Natural environments)..

303.344(d)(1)(ii).

• Lead agency responsibility

303.340.

• Location of services

303.344(d)(1)(ii)-(iii), (d)(3).

• Meeting(s):

○ Accessibility and convenience of

303.342(d).

○ Annual meeting to evaluate individualized family service plan (IFSP)

303.342(c).

○ To develop initial individualized family service plan (IFSP)

303.342(a).

• Natural environments

303.344(d)(1)(ii).

○ See also “Natural Environments”.

• Numeracy skills

303.344(d)(4).

IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN) (O-Q):

• Other services

303.344(e).

• Outcomes or results

303.344(c).

○ See also “Outcomes”.

• Parental consent before providing services

303.342(e).

○ Services before evaluation completed

303.345(a).

• Periodic review

303.342(b).

• Pre-literacy, language, and numeracy skills

303.344(d)(4).

• Procedures for individualized family service plan (IFSP) development, review, and evaluation

303.342.

IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN) (R-Z):

• Responsibility and accountability

303.346.

• Results or outcomes

303.344(c).

• Review and revision (Periodic)

303.342(b).

• Service coordinator

303.344(g).

• Services before evaluation completed

303.345.

• Statewide system component

303.114.

• Transition from Part C services

303.344(h).

IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN) CONTENT (A-E):

• Child's status (Information about)

303.344(a).

• Dates and duration of services

303.344(f).

• Early Intervention services:

○ Definition

303.13(a).

○ Duration, frequency, intensity, length, and method of services

303.344(d)(1)(i).

○ Educational component that promotes school readiness, and incorporates pre-literacy, language, and numeracy skills

303.344(d)(4).

○ Location of services

303.344(d)(1)(iii), (d)(3).

○ Payment arrangements, if any

303.344(d)(1)(iv).

○ Natural environments, including a justification, if applicable

303.344(d)(1)(ii).

○ See also “Natural Environments”.

IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN) CONTENT (F-Z):

• Family information

303.344(b).

• Information about child's status

303.344(a).

• Other services

303.344(e).

• Results or outcomes

303.344(c).

• Service coordinator

303.344(g).

• Transition from Part C services

303.344(h).

IFSP (INDIVIDUALIZED FAMILY SERVICE PLAN) TEAM:

• Composition (Meetings and periodic reviews)

303.343(a)(1).

• Due process complaint (Other options considered by individualized family service plan (IFSP) Team)

303.441(e)(1)(ii).

• Early Intervention services in natural environments

303.126.

• IFSP Team meetings and periodic reviews

303.343.

• Initial and annual individualized family service plan (IFSP) Team meetings

303.343(a).

• Multidisciplinary

303.24(b).

• Natural environments

303.344(d)(1)(ii)(B)(1), (d)(1)(ii)(B)(3).

• Resolution meeting

303.442(a)(4).

• Transition from Part C services

303.344(h)(2)(iv).

ILLEGAL SUBSTANCE ABUSE:

• At-risk infant or toddler

303.5.

• Referral of specific at-risk infants and toddlers

303.303(b)(2).

IMMUNIZATIONS AND REGULAR WELL-BABY CARE:

• Non-covered medical-health services

303.16(c)(3).

IMPARTIAL:

• Appointment of impartial hearing officer

303.435, 303.443(c).

• Definition

303.435(b)(1), 303.443(c).

• Hearing procedures (Impartial proceeding)

303.233(c).

• Mediator (Qualified and impartial)

303.431(b)(1)(iii), (b)(2)(ii), (c).

INABILITY TO PAY:

• Assurance that “inability to pay” will not delay or deny services if parent or family meets State's definition

303.521(a)(4)(ii).

• Lack of consent (And inability to pay) may not delay or deny services

303.520(c).

• Private insurance

303.520(c).

• State's definition

303.521(a)(3).

• System of payments and fees

303.521(a)(3)-(a)(4).

INBORN ERRORS OF METABOLISM:

• Diagnosed physical or mental condition (Infant or toddler with a disability)

303.21(a)(2)(ii).

INDIAN CHILDREN:

• Payments to Indians

303.731(a)(1), (d)(1).

• See “Indian infants and toddlers”.

INDIAN; INDIAN TRIBE:

• Definition

303.19.

• See “Tribe; Tribal organization”.

INDIAN INFANTS AND TODDLERS:

• Assurances regarding Early Intervention services

303.101(a)(1)(i).

• Availability of Early Intervention services

303.112(a).

• Scope of child find

303.302(b)(1)(i).

INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT

303.731(a)(1).

INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP):

• See “IFSP”; “IFSP Content”; “IFSP Team.”

INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA):

• Act (Definition)

303.4.

INFANT(S) and/or TODDLER(S):

• Annual report of children served

303.721(a).

• At-risk infant or toddler (Definition)

303.5.

• Authorized activities of the Council

303.605(b).

• Definition (In State allotments)

303.732(d)(2).

• Permissive use of funds

303.501(e).

• Payments to Indians

303.731(b), (e).

• Primary referral sources

303.303(c)(3).

• Public awareness program

303.301(a)(1)(ii).

• Reservation for State incentive grants

303.734(b)(1).

• Screening procedures

303.320(b)(1).

INFANT OR TODDLER WITH A DISABILITY:

• Definition

303.21.

INFECTION; CONGENITAL INFECTIONS:

• At-risk infant or toddler (Definition)

303.5.

• Infant or toddler with a disability (Definition)

303.21(a)(2)(ii).

INFORMED CLINICAL OPINION:

• Procedures for assessment of child

303.321(a)(3)(ii).

INFORMED WRITTEN CONSENT:

• Individualized family service plan (IFSP) (Informed written consent before providing services)

303.342(e).

• State option to make services available to children ages three and older

303.211(b)(5).

• See also “Consent”.

INNER-CITY:

• Comprehensive system of personnel development (CSPD) (Training personnel to work in rural and inner-city areas)

303.118(b)(1).

• Purpose of Early Intervention program (Enhance capacity to meet needs of inner-city children)

303.1(d).

INSURANCE (A-E):

• Consent regarding:

○ Private insurance

303.520(b)(1), (b)(2).

○ Public insurance

303.520(a)(3)(i).

• Co-payments.

• Composition of Council (Agency responsible for State regulation of health insurance)

303.601(a)(10).

• Construction clause (Non-reduction of Medicaid benefits)

303.510(c).

• Cost participation fees or sliding fees

303.521(a)(1).

• Costs to parents (Use of private insurance to pay for Part C services)

303.520(a)(4), 303.520(b)(1)(ii), 303.520(b)(1)(ii)-(b)(1)(iii).

• Deductible amounts or co-payments

303.521(a)(6).

• Enrollment in public insurance or benefits program (May not require parent to enroll)

303.520(a)(2)(i).

INSURANCE (F-O):

• Family or parent funds:

○ Not treated as “program income”

303.520(d)(1).

○ Used for Part C services

303.520(d)(2).

• Funds received under a State's system of payments

303.520(e).

• Health insurance

303.520(b)(2), 303.601(a)(10).

• Lack of consent may not delay or deny services

303.520(b).

• Medicaid (Payor of last resort)

303.510(c).

INSURANCE (P-PR):

• Parental consent and ability to decline services

303.420(a)(4).

• Parent or family funds to State not considered “program income”

303.520(d)(1).

• Policies related to use of insurance to pay for services

303.520(a), 303.520(b).

• Private insurance

303.520(b).

• Proceeds from public or private insurance:

○ Not treated as income

303.520(d)(1).

○ Reimbursements (Medicaid, etc. ) for Early Intervention services are not State or local funds

303.520(d)(2).

INSURANCE (PU-Z):

• Public insurance

303.520(a).

• Purpose of Early Intervention program

303.1(b).

• Schedule of sliding fees:

○ Early Intervention services (Definition)

303.13(a)(3).

○ System of payments and fees

303.521(a)(1).

• State, local, or private programs of insurance

303.521(a).

• State statute regarding private health insurance (Impact on consent requirements)

303.520(b)(2).

• System of payments and fees

303.520(a), 303.521(a).

• See also “Fees” and “Inability to pay”.

• Use of public insurance to pay for services

303.520(a).

• Written notification (prior to use of public insurance)

303.520(a)(3).

• See also “Fees” and “Inability to pay”.

INTERAGENCY AGREEMENTS:

• Functions of the Council (Promotion of methods for intra-agency and interagency collaboration)

303.604(a)(3).

• Lead agency role (In funding, inter-agency agreements, etc. )

303.120(f).

• Transition to preschool

303.209(a)(3).

INTERAGENCY COORDINATION:

• See “Coordination.”

INTERIM INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP):

• Services before evaluations and assessments completed

303.345.

INTERMEDIATE EDUCATIONAL UNIT (IEU):

• Local educational agency (LEA) (Definition)

303.23(b)(3).

JURISDICTION(S) (Geographic location):

• Eligible recipients of an award

303.2(a).

• State (Definition)

303.35.

LACK OF CONSENT (INABILITY TO PAY)

303.520(c).

• See also “Inability to Pay”.

LACK OF OXYGEN:

• At-risk infant or toddler (Definition)

303.5.

LEAD AGENCY:

• Definition

303.22.

• Designation of

303.201.

• Lead agency role in supervision, etc.

303.120.

• Public agency (Definition)

303.30.

LIMITED ENGLISH PROFICIENCY (LEP):

• Native language (Definition)

303.25(a).

○ See “Native language”.

LOCAL EDUCATIONAL AGENCY (LEA):

• Definition

303.23.

• Notification of child transitioning to

303.209(b).

LOW BIRTH WEIGHT:

• At-risk infant or toddler (Definition)

303.5.

LOW-INCOME (Children and families):

• Purpose of Early Intervention program (Historically underrepresented populations)

303.1(d).

• Traditionally underserved groups (Low-income families)

303.227(a).

MAPPING:

• Of surgically implanted medical devices

303.13(b)(1)(i), 303.16(c)(1)(iii).

MATERNAL AND CHILD HEALTH:

• Child find (Coordination)

303.302(c)(1)(ii)(B).

• Payor of last resort—Non-reduction of benefits (Construction)

303.510(c).

MEDIATION (A-L):

• Annual report of children served (Number of mediations held)

303.721(c).

• Benefits of (Meeting to explain)

303.431(d)(1).

• Confidential discussions

303.431(b)(5)(i), (b)(7).

• Cost of (Borne by State)

303.431(b)(3).

• Disputes (Resolve through mediation)

303.431(a).

• Disinterested party (to encourage)

303.431(d).

• Impartiality of mediator

303.431(c).

• Lead agency procedures (to resolve disputes through mediation)

303.431(a).

• Legally binding agreement (if parties resolve dispute through mediation)

303.431(b)(5).

MEDIATION (M-O):

• Mediator(s):

○ Impartiality of

303.431(c).

○ List of

303.431(b)(2)(i).

○ Qualified and impartial

303.431(b)(1)(iii).

○ Random selection of

303.431(b)(2)(ii).

○ Trained in effective mediation techniques

303.431(b)(1)(iii).

• Meeting to encourage mediation

303.431(d).

• Not used as evidence in hearing or civil proceeding

303.431(b)(7).

• Not used to delay/deny right of hearing

303.431(b)(1)(ii).

MEDIATION (P-Z):

• Parent training and information center

303.431(d)(1).

• Prior written notice—Content

303.421(b).

• Requirements

303.431(b)(1)-(b)(7).

• Sessions scheduled—Timely manner and convenient location

303.431(b)(4).

• State dispute resolution options

303.430.

• State monitoring and enforcement

303.700(d)(2).

• Voluntary

303.431(b)(1)(i).

• Written mediation agreement (Enforceable in court)

303.431(b)(6).

MEDICAID:

• Council—Composition (Member from State Medicaid program)

303.601(a)(7).

• Non-reduction of benefits (Payor of last resort)—Construction

303.510(c).

• Proceeds from public-private insurance for Part C—Neither State nor local funds under “nonsupplant” (§ 303.325(b))

303.520(d)(2).

• “Service coordination”—Use of term not intended to affect seeking Medicaid

303.34(c).

MEDICAL SERVICES:

• In Early Intervention Services definition

303.13(b)(5).

• Interim payments—reimbursement (Payor of last resort)

303.510(b).

MEDICAL SERVICES FOR DIAGNOSTIC OR EVALUATION PURPOSES:

• See “Medical services” (Definition)

303.13(b)(5).

MEDICINE OR DRUGS:

• Prescribing for any purpose—Not covered

303.16(c)(1)(ii).

METHOD (Of delivering Individual Family Service Plan (IFSP) services)

303.344(d)(1)(i).

• Definition

303.344(d)(2)(ii).

METHODS OF ENSURING SERVICES

303.511.

METABOLISM (Inborn errors of):

• Diagnosed physical or mental condition

303.21(a)(2)(ii).

MINORITY (Children, Families, Parents):

• Council—Composition (Minority parents)

303.601(a)(1)(i).

• Purpose of Early Intervention Program

303.1(d).

• Traditionally underserved groups

303.227(a).

MONITOR; MONITORING:

• Council—Functions

303.604(a)(3).

• Financial responsibility and methods of ensuring services—Added components

303.511(e).

• Lead agency role in monitoring

303.120(a)(2)(i), (a)(2)(iv).

• Rule of construction—Nothing restricts Secretary's authority under General Education Provisions Act (GEPA) to monitor-enforce requirements of the Act

303.707.

• Secretary's review & determination regarding State performance

303.703(b).

• State monitoring and enforcement

303.700(a)(1), (b), (d)(2).

• State performance and data collection

303.701(c)(2).

• State use of targets and reporting

303.702(b)(1)(ii).

MULTIDISCIPLINARY:

• Definition

303.24.

• Evaluation and assessment

303.321(a)(1)(i).

• Evaluation, assessment, and nondiscriminatory procedures

303.113(a)(1).

• Purpose of Early Intervention program

303.1(a).

• State eligibility (General authority)

303.100.

NATIVE LANGUAGE:

• Consent

303.7(a).

• Definition

303.25.

• Evaluation and assessment

303.321(a)(5), (a)(6).

• Individualized Family Service Plan (IFSP) meetings—Accessibility and convenience

303.342(d)(1)(ii).

• Notice regarding confidentiality and availability of notice in native language

303.404.

• Prior written notice—Native language

303.421(c).

NATURAL ENVIRONMENTS:

• Definition

303.26.

• Determination of appropriate setting for Early Intervention services

303.344(d)(1)(ii)(A)-(B).

• Early Intervention services (Definition)

303.13(a)(8).

• Early Intervention services in natural environments (Component of statewide system)

303.126.

• Individualized Family Service Plan (IFSP) content—Early Intervention services in

303.344(d)(1)(ii)(A)-(B).

• State monitoring and enforcement

303.700(d)(1).

NEGLECT or ABUSE:

• See “Abuse or neglect”.

NERVOUS SYSTEM (“Disorders reflecting disturbance of development of”):

• Diagnosed physical or mental condition (Infant or toddler with a disability)

303.21(a)(2)(ii).

NONCOMMINGLING

303.225(a).

NONDISCRIMINATORY:

• Evaluation, assessment and nondiscriminatory procedures

303.113, 303.321(a)(4).

• Evaluation and assessment—in a nondiscriminatory manner

303.321(a)(4).

NON-REDUCTION OF BENEFITS

303.510(c).

NONSUBSTITUTION OF FUNDS

303.510(a).

NONSUPPLANT:

• Requirement to supplement not supplant

303.225(b).

• Requirement regarding indirect costs

303.225(c)(2)(ii).

NOTICE & HEARING BEFORE DETERMINING A STATE NOT ELIGIBLE

303.231.

NOTICES (State administration):

• Public participation policies—Lead agency notice of hearings

303.208(b)(2).

• State applications, eligibility determinations, etc.:

○ Determination by Secretary that a State is eligible (Secretary notifies State)

303.229.

○ Disapproval of an application—Standard for

303.230.

○ Initial decision; final decision

303.234(a), (c).

○ Judicial review

303.236.

○ Notice and hearing before determining a State not eligible

303.231(a)(1)(i), (a)(2)(b).

○ Standard for disapproval of an application

303.230.

NOTICES (State monitoring & enforcement):

• Public attention by State—If Secretary proposing enforcement

303.706.

• Secretary's review and determination regarding State performance

303.703(b)(2)(i).

• Withholding funds:

○ Opportunity for a hearing

303.705(a).

○ Suspension

303.705(b).

NOTICES (To parents; family) (A-O):

• Confidentiality and opportunity to examine records

303.401(a).

• Due process procedures—Part B:

○ Filing a due process complaint (Time-line for resolution)

303.440(c).

○ Lead agency response to a due process complaint

303.441(e)(1).

○ Notice required before a hearing

303.441(c).

○ Resolution process

303.442(a)(1), (b)(5).

• Individualized Family Service Plan (IFSP) meetings—Written notice to family, etc

303.342(d)(2).

• Lead agency—General responsibility for procedural safeguards

303.400(a).

• Native language

303.404(d).

• Notice to parents Re-confidentiality

303.404.

NOTICES (To parents; family) (P-Z):

• Parental consent and ability to decline service

303.420.

• Prior written notice and procedural safeguards notice

303.421.

○ Content of notice

303.421(b).

○ General

303.421(a).

○ Native language

303.421(c)(1), (c)(2)(i)-(c)(2)(ii).

• Procedural safeguards—General responsibility of lead agency for

303.400(a).

• Screening procedures

303.320(a)(1)(i), (2).

• State option—Services to children three and older (Annual notice to parents)

303.211(b)(1).

NUMERACY SKILLS:

• Infant or toddler with a disability

303.21(c)(1).

• Individualized Family Service Plan (IFSP)

303.344(d)(4).

• State option—Services to children ages three and older

303.211(b)(2).

NURSES:

• Early Intervention services (Definition)—Qualified personnel

303.13(c)(3).

NURSING SERVICES:

• Definition

303.13(b)(6).

NUTRITION SERVICES:

Definition

303.13(b)(7).

NUTRITIONAL DEPRIVATION:

• At risk infant or toddler (Definition)

303.5.

OCCUPATIONAL THERAPY:

• Definition

303.13(b)(8).

• Occupational therapists

303.13(c)(4).

OPTIMIZATION (Relating to Cochlear Implants, etc. )

303.13(b)(1)(i), 303.16(c)(1)(iii).

ORIENTATION AND MOBILITY TRAINING:

• Early Intervention services (Definition)—In “Vision services.”

303.13(b)(17)(iii).

• Orientation and mobility specialists

303.13(c)(5).

OTHER SERVICES:

• Early Intervention services (Definition)

303.13(d).

• Individualized Family Service Plan (IFSP) content

303.344(e).

OUTCOMES:

• Early Intervention services provider (Definition)

303.12(b)(1).

• Health services—Developmental outcomes

303.16(c)(1)(iii)(A).

• Individualized Family Service Plan (IFSP)—Content:

○ Duration

303.344(d)(2)(iv).

○ Early Intervention services

303.344(d)(1).

○ Early Intervention services in natural environments

303.344(d)(1)(ii)(B)(3).

○ Results or outcomes

303.344(c).

• Individualized Family Service Plan (IFSP)—Periodic review

303.342(b)(1)(i)-(b)(1)(ii).

• Individualized Family Service Plan (IFSP)—Responsibility and accountability

303.346.

• Special instruction (Definition)

303.13(b)(14)(ii).

PARAPROFESSIONALS:

• Comprehensive System of Personnel Development (CSPD) (Training of)

303.118.

• Use of

303.119(c).

PARENT:

• Biological or adoptive parent of a child

303.27(a)(1), (a)(4).

• Definition

303.27.

• Foster parent

303.27(a)(2).

• Grandparent

303.27(a)(4).

• Guardian

303.27(a)(3).

• Dissemination of Information (Public awareness program)

303.301(a)(1)(ii).

• Stepparent

303.27(a)(4).

• Surrogate parent

303.27(a)(5).

○ See also “Surrogate Parent(s).”

PARENTAL RIGHTS (A-C):

• Confidentiality:

○ Access rights

303.405.

○ Amendment of records at parent's request

303.410.

○ Consent prior to disclosure or use

303.414.

○ Council—Composition

303.601(a)(1).

○ Destruction of information

303.416.

○ List of types and locations of information

303.408.

○ Notice to parents

303.404.

○ Opportunity for a hearing on records

303.411.

○ Opportunity to inspect-review records

303.401(b)(2).

○ Right to confidentiality of personally identifiable information

303.401(a).

• Consent (Definition)

303.7.

PARENTAL RIGHTS (D—Part B):

• Due process hearings—Part B:

○ Construction—parent's right to file an appeal

303.445(b).

○ Construction—filing a separate due process complaint

303.445(c).

○ Filing a due process complaint

303.440(a)-(b).

○ Findings of fact and decisions

303.444(a)(5), 303.446(b)(2)(vi).

○ Hearing officer finding—matters alleging procedural violations

303.445(a)(2)(ii).

○ Hearing rights

303.444.

○ Impartial due process hearing

303.443(a), (e), (f)(2).

○ Lead agency response to a due process complaint

303.441(e).

○ Parental rights at hearings

303.444(c).

○ Resolution process

303.442.

○ Separate request for a due process hearing

303.445(c).

PARENTAL RIGHTS (D—Part C to IF):

• Due process hearings—Part C:

○ Convenience of hearings & timelines

303.437.

○ Parental rights in due process hearings

303.436.

• Functions not subject to fees

303.521(b).

• Individualized Family Service Plan (IFSP)—Consent provisions:

○ Parental consent regarding IFSP contents

303.342(e).

○ Services before evaluation completed (Parental consent)

303.345(a).

• Individualized Family Service Plan (IFSP) Team meeting participants:

○ An advocate or person outside the family—If parent requests

303.343(a)(1)(iii).

○ Other family members, if requested by the parent

303.343(a)(1)(ii).

○ The parent or parents

303.343(a)(1)(i).

○ See also “Family (Families) (IFSP)”.

PARENTAL RIGHTS (IN-O):

• Inability of parents to pay will not delay-deny services

303.521(a)(4)(ii).

• Mediation:

○ Binding agreement to resolve a dispute—signed by parents & agency

303.431(b)(5)(ii).

○ Meeting to encourage

303.431(d).

○ Not used to deny or delay a parent's right to a hearing

303.431(b)(1)(ii).

• Native language:

○ Consent (definition)

303.7(a).

○ Definition

303.25.

○ Prior notice—Native language

303.421(c).

PARENTAL RIGHTS (P-Z):

• Parental consent and ability to decline service

303.420.

• Payments to Indians—Use of funds (Encouraged to involve Indian parents)

303.731(d)(1).

• Pendency

303.430(e).

• Prior notice

303.421.

• State complaint procedures:

○ Adoption of (and widely disseminating procedures to parents)

303.432(a).

○ Opportunity to engage in mediation

303.433(a)(3)(ii).

○ Time extension

303.433(b)(1)(ii).

• States with Free Appropriate Public Education (FAPE) mandates may not charge parents for services under Part B

303.521(c).

• Status of child during pendency of due process hearing

303.430(e).

• State system of payments copy for parents

303.520(a)(4), 303.520(b)(1)(iii).

• See also “Due Process Procedures,” “Family (Families),” and “Procedural Safeguards”.

PARENT TRAINING:

• Payment to Indians—Use of funds

303.731(d).

• Psychological services (Definition)

303.13(b)(10)(iv).

PARENT TRAINING & INFORMATION CENTER(S):

• Definition

303.28.

• Mediation—Meeting to encourage

303.431(d)(1).

• State complaint procedures—Widely disseminated to Parent Training and Information Centers

303.432(a)(2).

PART B (IDEA) (A-O):

• Child find—Coordination with

303.302(a)(1), (c)(1)(ii)(A).

• Confidentiality

303.401(d)(2).

• Comprehensive System of Personnel Development (CSPD) (Training personnel relating to transition)

303.118(a)(3).

• Due process hearing procedures (Dispute resolution options)

303.430(d)(2).

• Free Appropriate Public Education (FAPE) (Definition)

303.15(b).

• Financial responsibility and methods of ensuring services

303.511(b).

• Individualized Family Service Plan (IFSP) Content-Transition to preschool

303.209(d)(3).

• Monitoring and enforcement

303.700(d).

PART B (IDEA) (P-Z):

• Permissive use of funds

303.501(c)(1), (d).

• State educational agency (Definition)

303.36(b).

• State option-Services to children three and older

303.211(b)(1)(i)-(b)(1)(ii), (b)(3).

○ Construction—If child receives Part C services, free appropriate public education (FAPE) not required

303.211(e)(1).

• States with free appropriate public education (FAPE) mandates

303.521(c).

PARTICIPATING AGENCY:

• Definition of

303.403(c).

• See also “Confidentiality” (A-D) and Personally “Identifiable Information” (A-C).

PAYMENT(S) FOR EARLY INTERVENTION SERVICES:

• Coordination of

303.1(b).

• Individualized Family Service Plan (IFSP) content—Payment arrangements, if any

303.344(d)(1)(iv).

• Interim payments—reimbursement (payor of last resort)

303.510(b).

• Policies Re use of insurance for payment for services

303.520.

• Timely resolution of disputes about payments (Methods of ensuring services)

303.511(c).

• To outlying areas

303.730(a).

• To Secretary of the Interior

303.731(a)(1).

PAYMENTS TO INDIANS

303.731.

• Allocation

303.731(b).

• Information

303.731(c).

• Prohibited use of funds

303.731(f).

• Reports

303.731(e).

• Use of funds

303.731(d).

PAYOR OF LAST RESORT:

• Assurance regarding

303.222.

• General requirement

303.500.

• Interim payments—reimbursement

303.510(b).

• Non-reduction of benefits

303.510(c).

• Nonsubstitution of funds

303.510(a).

PEDIATRICIANS & OTHER PHYSICIANS:

• Qualified personnel

303.13(c)(6).

PENDENCY:

• Enforcement action—Public attention

303.706.

• Status of child during pendency of a due process hearing request

303.430(e)(1).

PERIODIC REVIEW (Individualized Family Service Plan (IFSP))

303.342(b).

PERMISSIVE USE OF FUNDS BY LEAD AGENCY:

• At risk infants or toddlers (strengthen statewide system)

303.501(e).

• Continue Early Intervention services in lieu of FAPE

303.501(d).

• Expand and improve on services

303.501(b).

• For direct services

303.501(a).

• Provide FAPE (See also “Use of Funds”)

303.501(c).

PERSONALLY IDENTIFIABLE INFORMATION (A-C):

• Confidentiality

303.401(a).

○ Applicability and timeframe of procedures

303.401(c).

○ Consent prior to disclosure or use

303.414(a).

○ Definitions of “destruction” and “participating agency”

303.403(a), (c).

○ Destruction of information

303.416(a).

○ Disclosure of information

303.401(d)(1).

○ Notice to parents

303.404.

○ Safeguards

303.415.

○ Secretary ensures protection of

303.402.

PERSONALLY IDENTIFIABLE INFORMATION (D-Z):

• Data collection—Construction (Nationwide database not authorized)

303.701(c)(3).

• Definition

303.29.

• Finality of hearing decision—Findings of fact & decisions (to public)

303.446(c).

• Hearing decisions—Part B (to public)

303.445(d).

• Parental consent—Exchange of

303.420(a)(5).

• Public reporting and privacy

303.702(b)(3).

• Transition to preschool—State policy (Parents may object to disclosure)

303.209(b)(2).

PERSONNEL (Shortage of):

• Personnel standards—Policy to address

303.119(d).

PERSONNEL STANDARDS:

• Policies and procedures relating to

303.119(a).

• Qualified personnel (definition)

303.31.

• Qualification standards

303.119(b).

• Policy to address shortage of personnel

303.119(d).

• Use of paraprofessionals and assistants

303.119(c).

PHYSICAL DEVELOPMENT, including vision and hearing:

• Developmental delays in

303.21(a)(1)(ii).

• Early Intervention Services (Definition)

303.13(a)(4)(i).

• Evaluation of child's level of functioning in

303.321(b)(3).

• In definition of “Infants and toddlers with disabilities”

303.21(a)(1)(ii).

• In Individualized Family Service Plan (IFSP) content (Information about child's status)

303.344(a).

PHYSICAL THERAPY:

• Definition

303.13(b)(9).

• Physical therapists

303.13(c)(7).

PHYSICIANS:

• Early intervention services (Qualified personnel—Pediatricians and other)

303.13(c)(6).

• Health services (Consultation by)

303.16(b)(2).

• Medical services (Definition)

303.13(b)(5).

• Public awareness program (Dissemination to all primary referral sources)

303.301(a)(1)(ii).

• Referral procedures—Primary referral sources

303.303(c)(2).

POLICIES (AND PROCEDURES) [P&P] (A-D):

• Confidentiality:

○ Enforcement (To ensure requirements are met)

303.417.

○ Consent prior to disclosure—P&P to be used when parent refuses consent

303.414(c).

○ Notice to parents—summary of P&P regarding disclosure

303.404(b).

○ Option to inform parent about intended disclosure

303.401(e).

○ Safeguards—Training regarding State P&P

303.415(c).

• Due process—Part B:

○ 30 or 45 day timeline for resolution (Specify in P&P)

303.440(c).

○ Timelines and convenience of hearings

303.447(a).

POLICIES (AND PROCEDURES) [P&P] (E-Q):

• Early Intervention services in natural environments

303.126.

• Financial responsibility and methods of ensuring services—Delivery of services in a timely manner

303.511(a).

• Personnel standards

303.119.

• Policies related to use of insurance for services

303.520.

• Public participation P&P

303.208.

POLICIES (AND PROCEDURES) [P&P] (R-Z):

• Referral policies for specific children

303.206.

• State application and assurances

303.200.

• State conformity with IDEA-Part C

303.102.

• Statewide system and description of services

303.203(b).

• System of payments and fees—State's policies to specify functions subject to fees

303.521(a).

• Traditionally underserved groups

303.227.

• Transition to preschool, etc.

303.209(a)(1).

• Use of funds—Payor of last resort

303.500.

POLICIES RELATED TO USE OF PUBLIC OR PRIVATE INSURANCE OR PUBLIC BENEFITS TO PAY FOR PART C SERVICES

303.520.

POSITIVE EFFORTS TO EMPLOY AND ADVANCE QUALIFIED INDIVIDUALS WITH DISABILITIES

303.105.

POST-REFERRAL PROCEDURES:

• Types of post-referral procedures

303.300(c).

• See also “screening” (§ 303.320), “evaluation and assessment” (§ 303.321), “IFSP development” (§§ 303.342-303.345).

PRELITERACY, LANGUAGE, & NUMERACY SKILLS:

• Infant or toddler with a disability

303.21(c)(1).

• Individualized Family Service Plan (IFSP)—Educational component

303.344(d)(4).

• State option—Services to children ages three and older

303.211(b)(2).

PRENATAL DRUG EXPOSURE:

• At-risk infant or toddler

303.5.

• Referral of specific at-risk children

303.303(b)(2).

PRE-REFERRAL PROCEDURES:

• Types of pre-referral procedures

303.300(a).

• See also “public awareness” (§ 303.301), “child find” (§ 303.302).

PRIMARY REFERRAL SOURCE(S):

• Child find—Participation by

303.302(a)(2)(ii).

• Comprehensive System of Personnel Development (CSPD)—Training of

303.118.

• Definition

303.303(c).

• Public awareness program

○ Component of a statewide system

303.116(b).

○ Dissemination of information to sources

303.301(a)(1)(ii).

• Referral procedures

303.303(a)(1).

• Screening procedures (Definition of)

303.320(b).

PRIOR WRITTEN NOTICE:

• See Notice (To parents; Family) (P-Z)

PRIVATE INSURANCE:

• See “Insurance”.

PROCEDURAL SAFEGUARDS (A-C):

• Appointment of an impartial hearing officer

303.435.

• Child's status during proceedings

303.430(e).

• Civil action—Part B

303.448.

• Civil action—Part C

303.438.

• Confidentiality and opportunity to examine records

303.401.

○ Additional requirements (see §§ 303.402-303.417).

○ See also “Confidentiality”.

• Consent (Definition)

303.7.

○ See also “Consent”.

• Convenience of proceedings & timelines

303.437.

PROCEDURAL SAFEGUARDS (D-N):

• Due process procedures

303.430(d).

○ Part B procedures

303.440-303.449.

○ Part C procedures

303.435-303.438.

• Implementation of (Functions not subject to fees & carried out at public expense)

303.521(b)(4)(ii).

• Lead agency responsibility for

303.400.

• Mediation

303.431.

• Native language (Prior written notice)

303.421(c).

○ See “Native Language”.

• Nondiscriminatory evaluation and assessment procedures

303.113.

○ No single procedure used as sole criterion

303.321(b).

PROCEDURAL SAFEGUARDS (O-Z):

• Opportunity to examine records ( i.e., to inspect & review records)

303.401(b)(2).

• Parental consent and ability to decline service

303.420.

○ See also “Consent”.

• Parental rights in due process hearings

303.436.

○ See also “Due Process Rights—Part B.”

• Pendency (Status of child)

303.430(e).

• Prior written notice

303.421.

• Procedural safeguards notice

303.421(b)(3).

• State dispute resolution options

303.430.

• Surrogate parents

303.422.

• System of payments

303.521(e).

PROTECTION & ADVOCACY AGENCIES:

• State complaint procedures

303.432(a)(2).

PROVISION OF SERVICES BEFORE EVALUATIONS AND ASSESSMENTS COMPLETED

303.345.

PSYCHOLOGICAL SERVICES:

• Early Intervention services (Definition)

303.13(b)(10).

• Psychologists (Qualified personnel)

303.13(c)(8).

PUBLIC AGENCY:

• Confidentiality—Option to inform parent about intended disclosure

303.401(e)(1).

• Definition

303.30.

• IFSP Team—Service coordinator designated by public agency

303.343(a)(1)(iv).

• Impartial hearing officer (Public agency—List of hearing officers)

303.443(c)(3).

• Parent (Definition)

303.27(b)(2).

• Prior written notice—Native language

303.421(c)(2).

• State complaint procedures:

○ Filing a complaint

303.434(b)(1).

• Surrogate parents

303.422(a)(2).

PUBLIC HEARINGS:

• Public participation policies and procedures

303.208(b)(1).

• See “Public Participation”.

PUBLIC AWARENESS PROGRAM:

• Component of statewide system

303.116.

• Public awareness program—Information for parents

303.301(b).

PUBLIC INSURANCE:

• See “Insurance”

PUBLIC PARTICIPATION

303.208.

• Requirements for State applications

303.208(a).

• Requirements for State policies and procedures

303.208(b).

PURPOSE OF EARLY INTERVENTION PROGRAM

303.1.

QUALIFIED PERSONNEL:

• All evaluations and assessments of child and family conducted by qualified personnel

303.321(a)(2).

• Definition

303.31.

• Early Intervention Services (Definition)

303.13(a)(7), (b)(3), (c), (d).

• Evaluations and assessments of child and family—All conducted by qualified personnel

303.321(a)(2).

• Informed clinical opinion

303.321(a)(3)(ii).

• Procedures for assessment of child and family

303.321(c)(1), (c)(2).

RECORDS:

• Evaluation of child—Review of records

303.321(b)(5).

• Civil action—Part B (records of administrative proceedings)

303.448(c)(1).

• Confidentiality

303.401-303.417.

• Consent (Definition)—Lists records to be released

303.7(b).

• Records used to establish eligibility (without conducting an evaluation)

303.321(a)(3)(i).

• Individualized Family Service Plan (IFSP) Team (Making pertinent records available at the meeting)

303.343(a)(2)(iii).

• Parents right to inspect and review

303.405(a).

• References in applicable regulations

303.3(b)(2).

• Reports and records (Assurance—Application requirement)

303.224(b).

REFERRAL PROCEDURES

303.303.

REFERRALS:

• Child find—System for making referrals to lead agencies or Early Intervention service providers

303.302(a)(2).

• Permissive use of funds—At risk children

303.501(e)(2)-(3).

REFERRAL SOURCES:

• See “Primary Referral Sources”.

REGISTERED DIETICIANS:

• Qualified Personnel

303.13(c)(9).

REHABILITATION (As part of Early Intervention services)

303.13(b)(1)((ii)(D), (b)(2)(iii), (b)(15)(ii)-(b)(15)(iii), (b)(17)(ii)).

REIMBURSEMENT:

• Financial responsibility & methods of ensuring services

303.511(a).

• Payor of last resort (Interim payments—Reimbursement)

303.510(b).

• Proceeds from public and private insurance

303.520(d).

• Reimbursement procedures (Component of statewide system)

303.122.

REPORTS (A-P):

• Annual report of children served:

○ Certification

303.723.

○ Other responsibilities of lead agency

303.724(b), (d).

○ Report requirement

303.721.

• Council—Annual report to Governor and Secretary

303.604(c).

• Data reporting

303.722(a).

• Data requirements—general

303.720.

• Payments to Indians

303.731(e).

REPORTS (R-Z):

• Reports and records (Assurance—Application requirement)

303.224.

• Reports—Program information

303.720, 303.721, 303.722, 303.723, 303.724.

• State monitoring & enforcement:

○ Enforcement—Secretary's Report to Congress

303.704(d).

○ Lead agency—Annual report on performance of State

303.700(a)(4).

○ Public reporting and privacy

303.702(b).

○ Secretary's review & determination

303.703(a)-(b).

○ State performance plans & data collection

303.701(c)(1)-(c)(2).

○ State use of targets and reporting (Public reporting & privacy)

303.702(b).

RESOLUTION OF DISPUTES:

• See “Disputes-Dispute Resolution”.

RESPIRATORY DISTRESS:

• At risk infant or toddler (Definition)

303.5.

ROUTINE MEDICAL SERVICES:

• Not covered

303.16(c)(3).

RURAL (AREAS, CHILDREN, FAMILIES):

• Assurance regarding traditionally underserved groups (Rural families, etc. )

303.227(a).

• Comprehensive System of Personnel Development (CSPD) (Training personnel to work in)

303.118(b)(1).

• Purpose of Early Intervention program

303.1(d).

STATE CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP)

303.302(c)(1)(ii)(K).

SCHOOL READINESS:

• Infant or toddler with a disability

303.21(c)(1).

• Individualized Family Service Plan) IFSP

303.344(d)(4).

• State option—Serve age three to five

303.211(a)(2).

SCREENING PROCEDURES

303.320.

SEA:

• See “State educational agency”

SECRETARY (of Education):

• Definition

303.33.

SECRETARY OF THE INTERIOR:

• Eligible recipients of an award

303.2.

• Indian—Indian tribe (Definition—Construction clause)

303.19(c).

• Payments to Indians

303.731.

• State allotments (Definitions “Aggregate amount”)

303.732(d)(1).

SENSORY IMPAIRMENTS:

• Infant or toddler with a disability (Diagnosed condition)

303.21(a)(2)(ii).

SERVICE COORDINATION (Services):

• Definition

303.13(b)(11), 303.34.

• Functions not subject to fees

303.521(b)(3).

• Individualized Family Service Plans (IFSP) (Early Intervention system component)

303.114.

• Early Intervention Services

303.13(b)(11).

• Term “case management” not precluded

303.34(c).

• Service coordinator—IFSP content (“Profession” includes “service coordination”)

303.344(g)(2).

• Specific Service Coordination Services

303.34(b).

SERVICE COORDINATOR:

• Entitlement to

303.34(a).

• Named in Individualized Family Service Plan (IFSP)

303.344(g)(1).

○ In interim IFSP

303.345(b)(1).

• On Individualized Family Service Plan (IFSP) Team

303.343(a)(1)(iv).

SERVICE PROVIDER(S):

• General role of

303.12(b).

• See “Qualified personnel”

303.13(c).

SEVERE ATTACHMENT DISORDERS:

• “Diagnosed physical or mental condition”

303.21(a)(2)(ii).

SHORTAGE OF PERSONNEL (Policy to address)

303.119(d).

SIGN LANGUAGE AND CUED LANGUAGE SERVICES:

• Definition

303.13(b)(12).

SLIDING FEE SCALES:

• Definition of “Early Intervention services”

303.13(a)(3).

• System of payments

303.500(b), 303.521(a)(1).

SOCIAL OR EMOTIONAL DEVELOPMENT:

• Developmental delays in

303.21(a)(1)(iv).

• Early Intervention Services (Definition)

303.13(a)(4)(iv).

• Evaluation of child's level of functioning in

303.321(b)(3).

• In definition of “Infants and toddlers with disabilities”

303.21(a)(1)(iv).

• In Individualized Family Service Plan (IFSP) content (Information about child's status)

303.344(a).

SOCIAL SECURITY ACT:

• Title V—Maternal and Child Health

303.302(c)(1)(ii)(B).

• Title XVI:

○ Supplemental Security Income (SSI)

303.302(c)(1)(ii)(F).

• Title XIX:

○ EPSDT (Early Periodic Screening, Diagnosis, and Treatment)

303.302(c)(1)(ii)(C).

○ Medicaid

303.510, 303.520.

SOCIAL WORK SERVICES (Definition)

303.13(b)(13).

• Social workers

303.13(c)(10).

SPECIAL INSTRUCTION (Definition)

303.13(b)(14).

• Special educators

303.13(c)(11).

SPEECH-LANGUAGE PATHOLOGY:

• Definition

303.13(b)(15).

• Speech and language pathologists

303.13(c)(12).

SSI (Supplemental Security Income):

• Child find (Coordination)

303.302(c)(1)(ii)(F).

• See “Social Security Act”.

STATE (Definition)

303.35.

• Special definition -State allocations

303.732(d)(3).

STATE ADVISORY COUNCIL ON EARLY EDUCATION AND CARE

• Comprehensive system of personnel development (CSPD) (Coordination)

303.118(b)(4).

• Participation of State lead agency

303.210(b).

STATE AGENCIES:

• Child find (Coordination)

303.302(c)(1)(i).

• ICC (Composition of Council)

303.601(a)(5)(i).

• Interagency agreements

303.511(b)(2).

STATE APPLICATION:

• Amendments to (public participation)

303.208(a).

• Conditions of assistance

303.200.

• Components of a statewide system

303.110-303.126.

• Council function (Advise-assist lead agency with)

303.604(a)(4).

• General requirements

303.201-303.212.

• Public participation

303.208.

○ Reviewing public comments received

303.208(a).

STATE APPROVED OR RECOGNIZED CERTIFICATION (Qualified Personnel)

303.31.

STATE COMPLAINT PROCEDURES:

• Adoption of

303.432.

○ (See also §§ 303.432-303.434)

• Filing a complaint

303.434.

• Lead agency must adopt

303.430(c).

• Minimum State complaint procedures

303.433.

○ Time extension; final decision; implementation

303.433(b).

○ Time limit (60 days)

303.433(a).

• Remedies for denial of appropriate services

303.432(b).

• State dispute resolution options

303.430(a), (c).

• State complaints & due process hearing procedures

303.433(c).

STATE DEFINITION OF “INABILITY TO PAY”:

• Private insurance

303.520(c).

• System of payments

303.521(a)(3), (4)(ii).

STATE EDUCATIONAL AGENCY (SEA):

• Applicable regulations (SEA means the lead agency)

303.3(b)(1).

• Confidentiality procedures—Disclosure of information

303.401(d).

• Council—Composition

303.601(a)(6)(i).

• Council—Functions

303.604(b), 303.605(a).

• Definition

303.36.

• Free Appropriate Public Education (FAPE) (Definition)—Standards of the SEA

303.15(b).

• State option—Services for children 3 and older

303.211(a)(1).

• Transition to preschool

303.209(a)(3)(i)(A)-(a)(3)(i)(B), (a)(3)(ii), (b)(2)(i)-(b)(2)(ii).

STATE ELIGIBILITY:

• Conditions of assistance

303.101.

STATE INTERAGENCY COORDINATING COUNCIL (Council):

• Advising & assisting the lead agency

303.604(a).

• Advising & assisting on transition

303.604(b).

• Annual report to Governor & Secretary

303.604(c).

• Authorized activities by the Council

303.605.

• Composition

303.601.

• Conflict of interest

303.601(d).

• Establishment

303.600.

• Functions of Council—Required duties

303.604.

• Meetings

303.602.

• Use of funds by the Council

303.603.

STATE MONITORING and ENFORCEMENT

303.700.

STATE OPTION—EARLY INTERVENTION SERVICES TO CHILDREN AGES THREE and OLDER

303.211.

STATE PERFORMANCE PLANS—DATA COLLECTION

303.701.

STATE USE OF TARGETS AND REPORTING

303.702.

STATEWIDE SYSTEM (of Early Intervention services):

• Assurances regarding Early Intervention services and a statewide system

303.101(a).

• Individualized Family Service Plans (IFSP) (Component of)

303.114.

• Minimum components of a statewide system (See also § 303.111-303.126)

303.110.

• Required pre-referral, referral, and post-referral components

303.300.

• Statewide system & description of services

303.203.

SUBSTANCE ABUSE (Illegal)

303.5, 303.303(b)(2).

SYSTEM OF PAYMENTS AND FEES:

• See “Fees.”

SUPPLEMENTAL SECURITY INCOME (SSI):

• Child find—Coordination (see 303.302(c)(1)(ii)(F)).

• See “Social Security Act.”

SURGERY (Non-covered health service)

303.16(c)(1)(i).

SURGICALLY IMPLANTED DEVICE

303.13(b)(1)(i), 303.16(c)(1)(iii)(A), (c)(1)(iii)(B).

SURROGATE PARENT(S):

• Assignment by lead agency

303.422(b)(1).

• 30 day timeline

303.422(g).

• Criteria for selecting

303.422(d).

• In definition of “parent”

303.27(a)(5).

• Non-employee requirement

303.422(e).

• Rights or responsibilities of

303.422(f).

• When a surrogate parent is needed

303.422(a)(1)-(a)(3).

SYSTEM OF PAYMENTS:

• Copy to parents

303.520(a)(4), 303.520(b)(1)(iii).

• Family fees

303.521(d).

• Funds received under a State's system of payments

303.520(d).

• In definition of “Early Intervention services”

303.13(a)(3).

• Policies related to use of insurance

303.520(a)(4), 303.520(b)(1)(ii)-(b)(1)(iii).

• Procedural safeguards

303.521(e).

• Statewide system and description of services

303.203(b).

• System of payments and fees

303.521(a), (d).

• See also “Fees;” “Co-payments; Co-pays.”

TECHNICAL ASSISTANCE (TA):

• Assistive technology service

303.13(b)(1)(ii)(E)-(b)(1)(ii)(F).

• Lead agency role in monitoring, etc.

303.120(a)(2)(iii).

• Minimum State Complaint procedures (Lead agency use of TA)

303.433(b)(2)(i).

• Payments to Indians (Not to be used for TA)

303.731(f).

• State monitoring and enforcement

303.700(a)(3).

○ Enforcement—Needs assistance

303.704(a)(1)(iii)-(a)(1)(iv)).

TIMELINES (A-O):

• Child find—General

303.302(a)(2)(i).

• Confidentiality—Access rights

303.405(a).

• Department hearing procedures on State eligibility

303.231(b)(3), 303.233(b), 303.234(d), (e), (g), (k), 303.236.

• Due process procedures—Part B (see “Timelines—Due Process (Part B)”)

• Enforcement—Secretary report to Congress w/in 30 days of taking enforcement action

303.704(d).

• Evaluation and Assessment & initial Individualized Family Service Plan (IFSP) meeting

303.310.

○ Exceptional circumstances

303.310(b)(1).

TIMELINES (PA-PU):

• Part C due process hearings; parental rights:

○ Decision not later than 30 days after receipt of complaint

303.437(b).

○ Prohibit information not disclosed (at least five days before hearing)

303.436(b)(3).

• Payments to Indians—reports

303.731(e)(1)(3).

• Primary referral sources

303.303(a)(2)(i).

• Public reporting and privacy (State performance reports on targets)

303.702(b)(1)(i)(A).

• Public participation (Application, etc. )

303.208.

○ See also “Public Participation”.

TIMELINES (R-Z):

• Report to Secretary on State performance

303.702(b)(2).

• State complaint procedures (Time limit of 60 days)

303.433(a).

• Transition—Conference to discuss services

303.209(c).

• Transition—LEA notification

303.209(b).

• Transition plan

303.209(d).

○ Transition timelines for child receiving services under section 303.211

303.211(b)(6).

TIMELINES-DUE PROCESS (PART B) (A-Q):

• Adjustments to 30-day resolution period

303.442(c).

• Agreement review period (w/in three business days of executing a settlement agreement)

303.442(e).

• Civil action (90 days from date of decision)

303.448(b).

• Hearing decision (30 or 45 days after expiration of 30-day period or adjustments to that period in § 303.442(b) or (c))

303.447(a).

• Hearing rights:

○ Additional disclosure (At least five business days before hearing)

303.444(b).

○ Prohibit new evidence (Not disclosed at least five business days before hearing)

303.444(a)(3).

• Lead agency response to complaint (within ten days of receiving complaint)

303.441(e).

• Other party response (within ten days of receiving complaint)

303.441(f).

TIMELINES-DUE PROCESS (PART B) (RE):

• Resolution meeting (w/in 15 days)

303.442(a).

○ If no meeting in 15 days, parent may seek intervention—hearing officer

303.442(b)(5).

• Resolution period:

○ If lead agency not resolved complaint w/in 30 days, hearing may occur

303.442(b)(1).

○ If no parent participation in 30 days, complaint may be dismissed

303.442(b)(4).

• Review decision (30 days after request for review)

303.447(b).

TIMELINES—DUE PROCESS (PART B) (S-Z):

• Sufficiency of complaint:

○ Amended complaint (Hearing officer permits—Not later than five days before hearing)

303.441(d)(3)(ii).

○ Complaint sufficient—unless party notifies hearing officer w/in 15 days

303.441(d)(1).

○ Hearing officer determination (within five days of notice)

303.441(d)(2).

• Timelines—convenience of hearings and reviews and exceptions to timelines

303.447(a)-(c).

• Timeline for requesting a hearing (two years)

303.443(e).

○ Exception to timeline

303.443(f).

TRACHEOSTOMY CARE (see Health services)

303.16(b)(1).

TRADITIONALLY UNDERSERVED GROUPS

303.227.

• Purpose of Early Intervention program (“Historically underrepresented populations”)

303.1(d).

○ See also “Homeless,” “Low Income,” “Minority,” & “Rural” (children &/or families), and “Ward of the State”.

• Scope of child find regarding selected groups

303.302(b)(1)(ii).

• State policies and practices

303.227.

TRAINING:

• Comprehensive System of Personnel Development (CSPD)

303.118.

• In definition of “Early Intervention services” (see § 303.13(b)(1)(ii)(E) (specific to AT services), (2)(iv) (specific to audiology services), (10) (specific to psychological services).

• Personnel standards

300.119.

TRANSITION TO PRESCHOOL & OTHER PROGRAMS:

• Application requirements

303.209(a).

• Conference to discuss services

303.209(c).

• Council functions—Advising & assisting on transition

303.604(b).

• Family involvement; notification of local educational agency (LEA)

303.209(b).

• Individualized Family Service Plan (IFSP) content—Transition from Part C

303.344(h).

• Interagency agreement

303.209(a)(3)(i)-(ii).

• Policies and procedures regarding

303.209(a)(1).

• Program options & transition plan

303.209(d).

• Service coordination services (Facilitating development of transition plan)

303.34(b)(10).

• Transition plan (Establish not fewer than 90 days, not more than nine months)

303.209(d)(2).

TRANSPORTATION & RELATED COSTS

303.13(b)(16).

TRAUMA DUE TO EXPOSURE TO FAMILY VIOLENCE

303.211(b)(7).

TRIBE (TRIBAL ORGANIZATION):

• Child find—Coordination (tribes)

303.302(c)(1)(i).

• Council—Composition

303.601(c).

• Indian; Indian tribe (Definition)

303.19.

• Payments to Indians)

303.731(a)(1), (2), (b), (c), (d), (e).

TUBE FEEDING (Health service)

303.16(b)(1).

UNDERREPRESENTED POPULATIONS

303.1(d).

• See also “Traditionally underserved groups.”

USE OF FUNDS:

• Council (Use of funds by)

303.603.

• Description of use of funds (Application requirement)

303.205.

• Payments to Indians (Use of funds)

303.731(d).

• Payor of last resort

303.510.

• Permissive use of funds by lead agency

303.501.

• See “Permissive use of funds by lead agency.”

• States with FAPE mandates or that use Part B funds

303.521(c).

• See also “Funds” “Funds—Part B,” “Funds Part C,” and “Permissive use of funds by lead agency.”

USE OF FUNDS AND PAYOR OF LAST RESORT

300.500.

VISION SERVICES:

• Early Intervention services (Definition)

303.13(b)(17).

VISUAL IMPAIRMENTS (or BLINDNESS):

• Special educators including teachers of children with visual impairments

303.13(c)(11).

VISION SPECIALISTS

303.13(c)(13).

WARD OF THE STATE:

• Assurances regarding Early Intervention services

303.101(a)(1)(iii).

• Child find—Scope

303.302(b)(1)(ii).

• Definition

303.37.

○ Exception (If child has a foster parent under “Parent” § 303.27)

303.37(b).

• Parent (Definition) “Guardian” (but not State, if child is a ward of State)

303.27(a)(3).

• Surrogate parents

303.422(a)(3), (b)(2).

• Traditionally underserved groups

303.227(a).

“WELL-BABY” CARE and IMMUNIZATIONS:

• Non-covered medical services

303.16(c)(3).

WITHHOLDING:

• State monitoring and enforcement

303.700(a)(3).

• Withholding funds

303.705.

○ Nature of withholding

303.705(c).

○ Withholding until rectified

303.705(c)(2)

§ 303.101 State eligibility—requirements for a grant under this part.

In order to be eligible for a grant under part C of the Act for any fiscal year, a State must meet the following conditions:

(a) Assurances regarding early intervention services and a statewide system. The State must provide assurances to the Secretary that—

(1) The State has adopted a policy that appropriate early intervention services, as defined in § 303.13, are available to all infants and toddlers with disabilities in the State and their families, including—

(i) Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State;

(ii) Infants and toddlers with disabilities who are homeless children and their families; and

(iii) Infants and toddlers with disabilities who are wards of the State; and

(2) The State has in effect a statewide system of early intervention services that meets the requirements of section 635 of the Act, including policies and procedures that address, at a minimum, the components required in §§ 303.111 through 303.126.

(b) State application and assurances. The State must provide information and assurances to the Secretary, in accordance with subpart C of this part, including—

(1) Information that shows that the State meets the State application requirements in §§ 303.200 through 303.212; and

(2) Assurances that the State also meets the requirements in §§ 303.221 through 303.227.

(c) Approval before implementation. The State must obtain approval by the Secretary before implementing any policy or procedure required to be submitted as part of the State's application in §§ 303.203, 303.204, 303.206, 303.207, 303.208, 303.209, and 303.211.

(Approved by Office of Management and Budget under control number 1820-0550)

§ 303.102 State conformity with Part C of the Act.

Each State that receives funds under part C of the Act must ensure that any State rules, regulations, and policies relating to this part conform to the purposes and requirements of this part.

§ 303.103 Abrogation of State sovereign immunity.

(a) General. A State is not immune under the 11th amendment of the Constitution of the United States from suit in Federal court for a violation of part C of the Act.

(b) Remedies. In a suit against a State for a violation of part C of the Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as those remedies are available for such a violation in a suit against any public entity other than a State.

(c) Effective date. Paragraphs (a) and (b) of this section apply with respect to violations that occur in whole or part after October 30, 1990, the date of enactment of the Education of the Handicapped Act Amendments of 1990.

§ 303.104 Acquisition of equipment and construction or alteration of facilities.

(a) General. If the Secretary determines that a program authorized under part C of the Act will be improved by permitting program funds to be used to acquire appropriate equipment or to construct new facilities or alter existing facilities, the Secretary may allow the use of those funds for those purposes.

(b) Compliance with certain regulations. Any construction of new facilities or alteration of existing facilities under paragraph (a) of this section must comply with the requirements of—

(1) Appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities”); or

(2) Appendix A of subpart 101-19.6 of title 41, Code of Federal Regulations (commonly known as the “Uniform Federal Accessibility Standards”).

§ 303.105 Positive efforts to employ and advance qualified individuals with disabilities.

Each recipient of assistance under part C of the Act must make positive efforts to employ and advance in employment, qualified individuals with disabilities in programs assisted under part C of the Act.

§ 303.110 Minimum components of a statewide system.

Each statewide system (system) must include, at a minimum, the components described in §§ 303.111 through 303.126.

(Approved by Office of Management and Budget under control number 1820-0550)

§ 303.111 State definition of developmental delay.

Each system must include the State's rigorous definition of developmental delay, consistent with §§ 303.10 and 303.203(c), that will be used by the State in carrying out programs under part C of the Act in order to appropriately identify infants and toddlers with disabilities who are in need of services under part C of the Act. The definition must—

(a) Describe, for each of the areas listed in § 303.21(a)(1), the evaluation and assessment procedures, consistent with § 303.321, that will be used to measure a child's development; and

(b) Specify the level of developmental delay in functioning or other comparable criteria that constitute a developmental delay in one or more of the developmental areas identified in § 303.21(a)(1).

(Approved by Office of Management and Budget under control number 1820-0550)

§ 303.112 Availability of early intervention services.

Each system must include a State policy that is in effect and that ensures that appropriate early intervention services are based on scientifically based research, to the extent practicable, and are available to all infants and toddlers with disabilities and their families, including—

(a) Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State; and

(b) Infants and toddlers with disabilities who are homeless children and their families.

(Approved by Office of Management and Budget under control number 1820-0550)

§ 303.113 Evaluation, assessment, and nondiscriminatory procedures.

(a) Subject to paragraph (b) of this section, each system must ensure the performance of—

(1) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State; and

(2) A family-directed identification of the needs of the family of the infant or toddler to assist appropriately in the development of the infant or toddler.

(b) The evaluation and family-directed identification required in paragraph (a) of this section must meet the requirements of § 303.321.

(Approved by Office of Management and Budget under control number 1820-0550)

§ 303.114 Individualized family service plan (IFSP).

Each system must ensure, for each infant or toddler with a disability and his or her family in the State, that an IFSP, as defined in § 303.20, is developed and implemented that meets the requirements of §§ 303.340 through 303.345, and that includes service coordination services, as defined in § 303.34.

(Approved by Office of Management and Budget under control number 1820-0550)

§ 303.115 Comprehensive child find system.

Each system must include a comprehensive child find system that meets the requirements in §§ 303.302 and 303.303.

(Approved by Office of Management and Budget under control number 1820-0550)

§ 303.116 Public awareness program.

Each system must include a public awareness program that—

(a) Focuses on the early identification of infants and toddlers with disabilities; and

(b) Provides information to parents of infants and toddlers through primary referral sources in accordance with § 303.301.

(Approved by Office of Management and Budget under control number 1820-0550)