Early Intervention Laws & Advocacy Education Law Center-PA - - PowerPoint PPT Presentation
Early Intervention Laws & Advocacy Education Law Center-PA Maura McInerney, Esq. Overview What This Matters The Law How EI System works in Pennsylvania Eligibility and Evaluation Developing the IFSP/IEP Inclusive Early
What This Matters The Law How EI System works in Pennsylvania
Inclusive Early Intervention Transitions at 3 and at 5 Dispute Resolution – Problem Solving Basic Advocacy Tips
2
Services, education and support to children ages
have an existing delay; a physical or mental condition with a high probability of
are “at-risk” of developing a delay or special need that
Minimize the effects of disability or delay & increase
Physical, cognitive, communication, social or emotional, and
Minimize need for school-age special ed services. Enhance potential for independent living and reduce
Assist families to meet their children’s special needs. Improve functioning of families Increase long-term benefits for society
4
Rate of human learning/development is most rapid. Timing of intervention is critical because child runs
Increases developmental and educational gains for
Yes. Says 50 years of research
Longitudinal data shows that children maintain significant
More finished high school and went on to postsecondary
Scored higher on reading, arithmetic, and language
50% reduction in the need for special education services
Exhibited fewer anti-social or delinquent behaviors
Part C - 20 U.S.C. § § 1431-1444 (Infants & Toddlers) Part B - 20 U.S.C. § § 1411-1419 (Preschoolers & School-Age)
34 C.F.R. Part 300 and Part 303
11 P.S. § 875-101
Birth to 3 3 to Age of Beginners
55 Pa. Code Chapter 4226 22 Pa. Code Chapter 14
7
Federal: IDEA Law & Regulations:
www.wrightslaw.com
State: Act 212 - Early Intervention Services System Act - 11 P.S. §
55 Pa. Code Chapter 4226 (Infants & Toddlers) – www.pacode.com 22 Pa. Code Chapter 14 (School-Age and Preschoolers) –
www.pacode.com
OCDEL Announcements & Basic Education Circulars from PDE -
http://www.education.state.pa.us/portal/server.pt/community/Early_ Intervention/8710/
Early Intervention Forms - www.pattan.net (click on “Legal” then
“Forms”)
January 11, 2014 8
Preschool EI Programs IUs, School Districts Infant Toddler EI Programs County based
Direct Service Staff/Early Intervention Providers Department of Education Bureau of Early Intervention Services
Bureau of Subsidy Bureau of Early Learning Services Bureau of Certification
Department of Public Welfare Governor
Both programs are voluntary Services are free “Parents” have important
Right to access & review
records & keep private
Right to Prior Written Notice
(Parents Rights Agreement & NOREP)
Right to agree or disagree
Both follow the same
Evaluation (to decide
eligibility)
IFSP/IEP development if
child is eligible
IFSP/IEP Review Reevaluation Transition or Exit from
Services
10
Eligibility criteria Timelines Definition of Appropriate
Focus of Two Systems
I&T focuses more on helping
the family help the child
Preschool EI programs focus
more on child’s “educational” needs
Types of available services
Early Interventionist – only in
Birth-3 system
Service Coordination – only
mandated for Birth-3 system
Nutrition Services – not
required in preschool EI system
Where services are provided
Natural Environment Least Restrictive
Environment
11
Birth to 3: Appropriate Early Intervention Services 3 to Age of Beginners: Free Appropriate Public
Question to ask: Was the IFSP/IEP reasonably calculated to
12
PA: State Dept. of Public Welfare (DPW) OCDEL –
County Mental Health/Mental Retardation (MH/MR)
Philadelphia also contracts out its intake and evaluation functions to ChildLink
NJ: New Jersey Early Intervention System
DPW & MH/MR agencies have a legal duty to
Children who are homeless & Children who are wards of the State
Mandatory referrals for evaluation:
Substantiated case of child abuse or neglect Affected by illegal substance abuse or withdrawal due to
Substantiated trauma from family violence.
Definition of “at risk”: (category of children who also
Birth weight under 1,500 grams (3.3 lbs) Neonatal intensive care unit Born to chemically dependent mother
And referred by doctor and parent
Seriously abused and neglected
As substantiated and referred by children & youth agency
Over half experience developmental delays – this is four to five
Nearly 80 percent are “at risk” for a wide range of medical and
More than 40 percent are born with low birthweight and/or
Children birth to age 3 Developmental delay,
Child must have at least 25% delay in 2 areas of development
Diagnosed physical or mental condition that has a high
Who is eligible for I&T EI Services?
A child age birth to 3rd birthday with a developmental delay
A specialist decides that there is a delay even though it
A child age birth to 3rd birthday with a diagnosed physical or
Examples: Down Syndrome, Fetal Alcohol Syndrome, Metabolic
Disorders
18
Developmental delay in at least one of these areas of
Communication Cognition Adaptive (self-help) Social and emotional Physical development (including vision and/or hearing)
Developmental delay defined:
25% or more delay for child’s age; or
Based on appropriate diagnostic instruments and procedures
Tests reveal 1.5 standard deviation below the norm; or
On accepted or recognized standardized tests for infants and toddlers
Informed clinical opinion indicates a delay, esp. when there are no standardized
measures or standardized measures are not appropriate for the child’s chronological age or the developmental area
19
“At Risk” Children are:
Birth weigh less than 1500 grams Cared for in NICU Born to a chemically dependent mother & was referred by a physician Experienced substantiated case of abuse & neglect and was referred by C&Y
agency
Confirmed dangerous levels of lead poisoning as set by the Department of Public
Health
Tracking Services:
MH/MR must contact child’s family by phone, in writing, or in a meeting at least
Must use standardized developmental checklist to review need for:
Further tracking Further evaluation/reevaluation for EI eligibility and services
Tracking requires parental consent!
January 11, 2014 20
Two-part eligibility determination:
Child must have a developmental delay or a disability as
IDEA lists 13 disabilities that include “other health impairment,”
autism, speech or language impairment, and serious emotional disturbance. AND
As a result of that delay or disability, the child must need
21
Chromosomal abnormalities Genetic or congenital disorders Severe sensory impairments, including vision and hearing Inborn errors of metabolism Disorders reflecting disturbance of the development of the nervous
system
Congenital infections Disorders secondary to exposure to toxic substances, including fetal
alcohol syndrome
Severe attachment disorders
Down syndrome Fetal alcohol syndrome Hearing impairment Vision impairment Autism/PDD Spina bifida Cerebral palsy Trisomy 13, 18, etc Fragile X Hydrocephalus
“Parent” defined as:
Natural or adoptive parent Guardian/legal custodian (but not the State) Person acting in place of parent (such as
Foster parent Surrogate Parent
Note: These are the rules for infants/toddlers, not older kids
When does an infant/toddler need a surrogate
Parents can’t be identified Parents’ whereabouts unknown OR Child in custody of children & youth and
Parents can’t be identified / found Parents’ rights have been terminated or Parents are dead and there’s no other parent
Must receive written prior notice of:
Initiation or change to evaluations, services, placement;
Right to consent (or refuse to consent) to:
Initial evaluation Referral to “at-risk” tracking system Initiating/changing any EI service(s) – the refusal to accept
To request IFSP meeting at any time
To confidentiality of information
Used when child suspected of having a developmental delay
Excludes children referred with screening completed by a physician, children
& youth…
Excludes children with a diagnosis likely to result in a developmental delay
Provide parent with written notice of intent to screen Obtain parental consent prior to screening (PRA) Inform parent of their right to request an evaluation at any time Notify parent in writing of results
No change to timeline requirement – 45 days from referral to
27
Parent, physician, social service agency, child care, etc.
Upon referral, the county must:
Appoint a service coordinator ASAP Get permission (consent) of the child’s “parent” to evaluate
Initial Multidisciplinary Evaluation (MDE) must be
Written report to parents within 30 calendar days
28
Must be done by someone who is not providing
Includes all 5 areas of development. With consent of the family, should include a family-directed
Reevaluation must be done at least once a year.
29
Who can refer?
Hospitals, doctors, parents, day care settings, social
State required to provide info. at places listed above
How?
In PA:
Call ChildLink 215-731-2110 (Philly) Call CONNECT 800-692-7288 (other)
In N.J.:
A New Statewide Toll Free Referral Number
1-888-NJEI-INFO (888-653-4463)
REFERRAL ≠ Permission to evaluate!
MH/MR must get permission from the child’s “parent”
Parent consent must be informed, voluntary, written
Upon referral of child, MH/MR must:
Appoint a service coordinator ASAP Within 45 days, complete the multidisciplinary evaluation
a service plan (IFSP) if child is eligible; or Plan for further assessment and tracking if child is
“at-risk” but not eligible for services
Conduct of Evaluation:
Initial eval. must be performed by someone not involved in
Based on informed clinical opinion Conducted by persons trained in assessments Non-discriminatory, in parent’s native language Must include
Review of relevant health status/history Child’s level of functioning and unique needs in each
developmental area
Voluntary Family assessment (personal interview to determine
resources, priorities, concerns of family)
Timelines
Must be done in time for an IFSP to be developed within
If cannot complete in time, EI agency must document why and
create an “interim’ IFSP (service plan)
Must conduct further MDEs at least annually Written report to parents within 30 days
Note: may provide services while awaiting the
Use an “interim” IFSP Parent must consent
Tracking Services:
MH/MR must contact child’s family by phone, in writing,
MDE may suggest more frequent contact
Must use a standardized developmental checklist to review
Further tracking Further eval/re-eval for EI services eligibility
Tracking requires parental consent !
Parent can request less frequent or NO contact
IFSP: individualized family service plan
Services must be free & based on the evaluation and
Written by a team of individuals:
Parent of infant/toddler (can invite others) Service Coordinator Person directly involved in the evaluation Persons providing services to infant/toddler
What is included in the IFSP?
Current levels in the 5 developmental areas (& results of
List of Major outcomes child should achieve & how to
Name of service coordinator Services child/family will receive
How often Where: Should be in “natural environment” (including home,
community settings); if not, IFSP must explain why not in natural setting
Whether service is directly to the child or will be consultation with
someone working with the child
Types of services (to child/family) include:
Special instruction, speech-language, occupational &
Psychological services (including counseling) Social work services (to help family help child) Medical (for diagnosis & if necessary for child to benefit
Service Coordination – (all receive this)
Facilitate assessments, development and review of IFSPs, and
transition to pre-school services
Coordinate/monitor delivery of EI services & more (even if
services are not the responsibility of EI).
Written by a Team of Individuals – Make sure all
You can invite anyone of your choosing (such as other family
Team must include: parent, your service coordinator, and a
“Heart” of IFSP: (See Annotated IFSP/IEP form)
Statement of Measurable Outcomes (including pre-literacy
when you will receive periodic reports on progress. Types of Early Intervention Services for child/family
practicable).
January 11, 2014 38
Parent Consent to IFSP services:
Informed, voluntary, written consent required Parent can refuse consent to part of the IFSP without
Timelines:
Services must start within 14 days of IFSP
Can extend at parent’s request, based on the child’s needs, or at
recommendation of the team including the parent.
Must review IFSP every 6 months
Is progress being made toward outcomes? Should outcomes or services be changed?
Must meet to review/revise IFSP ≥ annually
Parents must get at least 5 days written notice of IFSP
IFSP Implementation: Once IFSP is done, child
Can extend timeline at parent’s request, based on the child’s
January 11, 2014 40
What do you thing my child’s needs are? How do you think the offered IFSP/IEP responds to his
How do you define meaningful progress for my child? What evidence suggests to you that my child has made
What evidence suggests that your proposal will result in
January 11, 2014 41
IFSP Must be reviewed and revised at least once every
IFSP can be revised at any time. An IFSP is a
January 11, 2014 42
IEP Team must include: Parent(s), at least one special education
Very important to make sure the right people are at the meeting!
With parent’s permission, should include services to enable the
If child is within one year of transition to school-age program,
January 11, 2014 43
IEP Team meeting must be held within 30 calendar
IEP must be implemented within 14 calendar days
Annual review by IEP Team (Can be sooner, if parent
January 11, 2014 44
How to Prepare:
Get organized – ring binder with sections on testing,
Make a list of your child’s strengths and weaknesses Make a list of issues (most important first) to discuss and
Has your child been making progress? List what is and is not
45
Infants & Toddlers: “Natural Environment”
Setting where child would spend her day if she did not have a
Can be the child’s home, or a community setting, including a
IFSP must include statement of the natural environments in
IFSP must state location of services = actual place or places
January 11, 2014 46
Preschoolers: “Least Restrictive Environment” (LRE)
To the maximum extent appropriate, children with disabilities are to be educated with children who are not disabled, and special classes or other removal from the general education environment should occur only when the nature and severity of the child’s disability is such that education in the regular environment cannot be achieved satisfactorily with the use of supplementary aids and services.
Query: Where on OCDEL’s Annotated IFSP/IEP form are
supplementary aids and services mentioned or considered?
The problem is that there is often no “regular classroom” in PA for
preschoolers b/c PA doesn’t have universal public preschool.
January 11, 2014 47
Preschoolers: “Least Restrictive Environment” (LRE)
Preschool EI agencies are not required to create a regular classroom in
The agency is required to consider a continuum of possible alternative
placement options…including “private school programs for nondisabled preschool children.”
The agency must at least inquire into “whether regular education options
were available within a reasonable distance to implement the child’s IEP…”
Private preschool programs must be accredited under State law to be part of
the continuum of placements.
Preschool EI agency may have to pay for some or all of placement in
early childhood program with nondisabled children if child needs such a placement to receive FAPE in the LRE and public option is not available.
January 11, 2014 48
Extended School Year (ESY) (Services Over Scheduled
ESY for Preschoolers: PA regulations now make it clear that
Behavioral Health Services Use of Private Insurance
January 11, 2014 49
Must be completed and Evaluation Report issued
Must assess in all areas relevant to child’s suspected
Reevaluation must be done at least once every 2
Independent Educational Evaluation (IEE)
January 11, 2014 50
Transition plan must be developed at IFSP meeting closest to
Transition meeting must take place at least 90 days before your
At meeting, must review information about transition procedures,
timelines, and legal rights you and your child have and identify specific transition outcomes.
County EI agency needs written parental permission before it can send
information about child to preschool EI agency.
Child “stays put” in current program if parents disagree with
January 11, 2014 51
By Feb. 1 of each year, preschool EI agency must identify children
Letter must explain that parents have option to register child in
kindergarten program or have child remain in preschool EI program for another year and inform parents that their children are no longer eligible for EI services when they reach the age of 1st grade.
By end of Feb., preschool EI agency must hold transition meeting
More info on Transition of Preschool Children to School Age
January 11, 2014 52
January 11, 2014 53
Your child should be receiving all the services listed on
There should be no gaps in service. Waiting lists for EI services or programs are illegal.
If you hear:
“This is the way we always provide this service.” “This is the program that we give all of our students.” “We don't have the money to do that.” “We don't have the staff to do that.” “We only provide group therapies. We don’t provide 1:1
53
Conflict Resolution (voluntary)
Contact MH/MR orally or in writing Meeting with county administrative staff must be held
Mediation (voluntary)
Contact ODR (800-992-4334) Must take place within 10 days Discussions are confidential No lawyers present
Complaint
Legal violations (ex: timelines/IFSP not followed) How: in writing, to regional OMR office
SE region: 215-560-2247 (call to help file complaint)
60 calendar days to investigate/issue decision
Due process
Disputes over eligibility, amount/type of services How: letter to MH/MR (or service coordinator) 30 calendar days to hold hearing/issue decision
Parent may be offered conflict resolution and/or mediation but
those are voluntary & can’t delay hearing
During conflict resolution, mediation, and/or due
Child must continue to receive EI services currently
If child is new to the system, during dispute child receives
Key differences in Pre-School EI:
Responsible Agency
PDE and MAWA agencies (usually the Intermediate Unit (IU), in
Philly & Chester it is Elwyn)
Eligibility: from age 3 to “beginners”
Child must have a developmental delay or
a qualifying disability (autism, MR, sensory impairment, emotional disturbance, etc.)
AND, as a result of the delay/disability, require specialized
instruction
Key differences in Pre-School EI:
Services
No nutrition counseling or service coordination (But, may get service coordination if qualify for MH/MR &/or
Elwyn offers some service coordination)
Program:
Individualized Education Plan (IEP)
Placement:
Infant/Toddler EI: “natural environments” Pre-school EI: “least restrictive environment”
Transition Process:
Before child turns 3, IFSP must address child’s transition
If parent consents, past IFSPs & evaluations are shared
At least 90 days before 3rd birthday:
(If family consents) MH/MR, preschool EI agency and
family meet to discuss the services child will receive upon turning 3 and to develop an IEP for the child.
Special Transition Process:
Children who are identified by MH/MR within 60 days
Disputes re: proposed preschool IEP:
The child has a right to continue receiving the services in
Although the same type and amount of services
Clarified and added definitions, inc.
Native language Service coordination Screening procedures
New regulatory requirements for:
Child find IFSP
January 11, 2014 61
States that accepts Part C funds must make appropriate early
A State, through its interagency coordinating council, could
Screenings:
All children under three years of age who are homeless and whose family has been accepted for service must be screened for developmental delays with the use of the Ages and Stages Questionnaire (ASQ ) and the ASQ: Social and Emotional (ASQ-SE )
If such screening demonstrates that the child has a qualifying score, the
child must be referred to the local I/T agency in the county where the child resides; Children & Youth must document the referral and, with the consent
delivery of EI services.
C&Y must also develop policies to insure that these children are screened,
evaluated & receive services.
AMENDMENT TO ACT 212
Young children experiencing homelessness must be screened.
Jane is a 18-month old toddler whose mother is an
Question #1: Is this child entitled to any services from the EI
system?
Question #2: Following a referral to Early Intervention, what
does the Service Coordination agency have to do?
Question #3: If child gets an IFSP, when do services have to
start?
Jane is evaluated and found eligible based on fetal
When she is 2 ½ years old, a reevaluation by a
At the transition meeting 90 days before her 3rd
Question #4: Is Jane eligible for preschool EI services? Question #5: While Jane’s parent and Elwyn fight about
ChildLink (Philly) Intake Office: 215-731-2110 CONNECT (Other) 800-692-7288 Elwyn 215-222-8054 (Children ages 3-5) N.J. Statewide Toll Free Referral Hotline: 1-888-
Make sure that families know where they can go for help Families need independent information about how the child’s condition
affects the learning process, and how the child’s plan should change. Evaluations and recommendations from psychologists (especially certified school psychologists), therapists, and physicians can be critically important. For an evaluation to be really helpful, the health practitioners must be familiar with the applicable legal standards, and must tease out the implications of the child’s condition for the educational experience.
Families need expert opinions, and sometimes testimony, at hearings
and court proceedings. While hearings and court cases occur rarely, they can almost never be won without expert testimony.
Health care providers need to help the child make the transition to the
school environment.
68
Disability Rights Network 800-692-7443 Hispanics United for Exceptional Children (HUNE)
Parents Exchange 610-962-0337 Parent Education Network 800-522-5827 Parent Education & Advocacy Leadership (PEAL)
Make notes of any conversations you have. Prepare for meetings in advance, if possible. Know your
Bring someone with you to meetings – don’t go it alone! Have
Always be polite and respectful, but don’t be afraid to ask
If you ask for something and are told “we always do it this way”
Don’t sign anything you don’t understand.
70
State Interagency Coordinating Council (SICC)
Consists of 15 voting members appointed by the Governor
Several powers & duties, including:
Reviewing and commenting on draft regulations & standards Making recommendations to DPW, PDE, State Board of Education,
and DPH
Submit an annual report to the Governor and Legislature
Local Interagency Coordinating Councils (LICCs)
January 11, 2014 71
72
January 11, 2014 73