cfr_sections
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178 rows where part_number = 303 and title_number = 34 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 34:34:2.1.1.1.2.1.101.1 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.1 Purpose of the early intervention program for infants and toddlers with disabilities. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.101.2 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.2 Eligible recipients of an award and applicability of this part. | ED | (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. | |||||
| 34:34:2.1.1.1.2.1.101.3 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.3 Applicable regulations. | ED | [76 FR 60244, Sept. 28, 2011, as amended at 79 FR 76097, Dec. 19, 2014 | (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. | ||||
| 34:34:2.1.1.1.2.1.102.10 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.10 Developmental delay. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.11 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.11 Early intervention service program. | ED | Early intervention service program or EIS program means an entity designated by the lead agency for reporting under §§ 303.700 through 303.702. | |||||
| 34:34:2.1.1.1.2.1.102.12 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.12 Early intervention service provider. | ED | (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. | |||||
| 34:34:2.1.1.1.2.1.102.13 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.13 Early intervention services. | ED | (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 t… | |||||
| 34:34:2.1.1.1.2.1.102.14 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.14 Elementary school. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.15 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.15 Free appropriate public education. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.16 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.16 Health services. | ED | (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. | |||||
| 34:34:2.1.1.1.2.1.102.17 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.17 Homeless children. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.18 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.18 Include; including. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.19 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.19 Indian; Indian tribe. | ED | (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. | |||||
| 34:34:2.1.1.1.2.1.102.20 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.20 Individualized family service plan. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.21 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.21 Infant or toddler with a disability. | ED | (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 progra… | |||||
| 34:34:2.1.1.1.2.1.102.22 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.22 Lead agency. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.23 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.23 Local educational agency. | ED | (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 scho… | |||||
| 34:34:2.1.1.1.2.1.102.24 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.24 Multidisciplinary. | ED | 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)). | |||||
| 34:34:2.1.1.1.2.1.102.25 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.25 Native language. | ED | (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). | |||||
| 34:34:2.1.1.1.2.1.102.26 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.26 Natural environments. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.27 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.27 Parent. | ED | (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. | |||||
| 34:34:2.1.1.1.2.1.102.28 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.28 Parent training and information center. | ED | Parent training and information center means a center assisted under section 671 or 672 of the Act. | |||||
| 34:34:2.1.1.1.2.1.102.29 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.29 Personally identifiable information. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.30 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.30 Public agency. | ED | As used in this part, public agency means the lead agency and any other agency or political subdivision of the State. | |||||
| 34:34:2.1.1.1.2.1.102.31 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.31 Qualified personnel. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.32 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.32 [Reserved] | ED | ||||||
| 34:34:2.1.1.1.2.1.102.33 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.33 Secretary. | ED | Secretary means the Secretary of Education. | |||||
| 34:34:2.1.1.1.2.1.102.34 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.34 Service coordination services (case management). | ED | (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 servi… | |||||
| 34:34:2.1.1.1.2.1.102.35 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.35 State. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.36 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.36 State educational agency. | ED | (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. | |||||
| 34:34:2.1.1.1.2.1.102.37 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.37 Ward of the State. | ED | (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. | |||||
| 34:34:2.1.1.1.2.1.102.4 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.4 Act. | ED | Act means the Individuals with Disabilities Education Act, as amended. | |||||
| 34:34:2.1.1.1.2.1.102.5 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.5 At-risk infant or toddler. | ED | 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). | |||||
| 34:34:2.1.1.1.2.1.102.6 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.6 Child. | ED | 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. | |||||
| 34:34:2.1.1.1.2.1.102.7 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.7 Consent. | ED | 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). | |||||
| 34:34:2.1.1.1.2.1.102.8 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.8 Council. | ED | Council means the State Interagency Coordinating Council that meets the requirements of subpart G of this part. | |||||
| 34:34:2.1.1.1.2.1.102.9 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | A | Subpart A—General | § 303.9 Day. | ED | Day means calendar day, unless otherwise indicated. | |||||
| 34:34:2.1.1.1.2.2.103.1 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.100 General authority. | ED | 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. | |||||
| 34:34:2.1.1.1.2.2.103.2 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.101 State eligibility—requirements for a grant under this part. | ED | 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. | |||||
| 34:34:2.1.1.1.2.2.104.3 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.102 State conformity with Part C of the Act. | ED | 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. | |||||
| 34:34:2.1.1.1.2.2.104.4 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.103 Abrogation of State sovereign immunity. | ED | (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. | |||||
| 34:34:2.1.1.1.2.2.105.5 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.104 Acquisition of equipment and construction or alteration of facilities. | ED | (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”). | |||||
| 34:34:2.1.1.1.2.2.106.6 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.105 Positive efforts to employ and advance qualified individuals with disabilities. | ED | 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. | |||||
| 34:34:2.1.1.1.2.2.107.10 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.113 Evaluation, assessment, and nondiscriminatory procedures. | ED | (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. | |||||
| 34:34:2.1.1.1.2.2.107.11 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.114 Individualized family service plan (IFSP). | ED | 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. | |||||
| 34:34:2.1.1.1.2.2.107.12 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.115 Comprehensive child find system. | ED | Each system must include a comprehensive child find system that meets the requirements in §§ 303.302 and 303.303. | |||||
| 34:34:2.1.1.1.2.2.107.13 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.116 Public awareness program. | ED | 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. | |||||
| 34:34:2.1.1.1.2.2.107.14 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.117 Central directory. | ED | Each system must include a central directory that is accessible to the general public ( i.e., through the lead agency's Web site and other appropriate means) and includes accurate, up-to-date information about— (a) Public and private early intervention services, resources, and experts available in the State; (b) Professional and other groups (including parent support, and training and information centers, such as those funded under the Act) that provide assistance to infants and toddlers with disabilities eligible under part C of the Act and their families; and (c) Research and demonstration projects being conducted in the State relating to infants and toddlers with disabilities. | |||||
| 34:34:2.1.1.1.2.2.107.15 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.118 Comprehensive system of personnel development (CSPD). | ED | Each system must include a comprehensive system of personnel development, including the training of paraprofessionals and the training of primary referral sources with respect to the basic components of early intervention services available in the State. A comprehensive system of personnel development— (a) Must include— (1) Training personnel to implement innovative strategies and activities for the recruitment and retention of EIS providers; (2) Promoting the preparation of EIS providers who are fully and appropriately qualified to provide early intervention services under this part; and (3) Training personnel to coordinate transition services for infants and toddlers with disabilities who are transitioning from an early intervention service program under part C of the Act to a preschool program under section 619 of the Act, Head Start, Early Head Start, an elementary school program under part B of the Act, or another appropriate program. (b) May include— (1) Training personnel to work in rural and inner-city areas; (2) Training personnel in the emotional and social development of young children; and (3) Training personnel to support families in participating fully in the development and implementation of the child's IFSP; and (4) Training personnel who provide services under this part using standards that are consistent with early learning personnel development standards funded under the State Advisory Council on Early Childhood Education and Care established under the Head Start Act, if applicable. | |||||
| 34:34:2.1.1.1.2.2.107.16 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.119 Personnel standards. | ED | (a) General. Each system must include policies and procedures relating to the establishment and maintenance of qualification standards to ensure that personnel necessary to carry out the purposes of this part are appropriately and adequately prepared and trained. (b) Qualification standards. The policies and procedures required in paragraph (a) of this section must provide for the establishment and maintenance of qualification standards that are consistent with any State-approved or State-recognized certification, licensing, registration, or other comparable requirements that apply to the profession, discipline, or area in which personnel are providing early intervention services. (c) Use of paraprofessionals and assistants. Nothing in part C of the Act may be construed to prohibit the use of paraprofessionals and assistants who are appropriately trained and supervised in accordance with State law, regulation, or written policy to assist in the provision of early intervention services under part C of the Act to infants and toddlers with disabilities. (d) Policy to address shortage of personnel. A State may adopt a policy that includes making ongoing good-faith efforts to recruit and hire appropriately and adequately trained personnel to provide early intervention services to infants and toddlers with disabilities, including, in a geographic area of the State where there is a shortage of such personnel, the most qualified individuals available who are making satisfactory progress toward completing applicable course work necessary to meet the standards described in paragraphs (a) and (b) of this section. | |||||
| 34:34:2.1.1.1.2.2.107.17 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.120 Lead agency role in supervision, monitoring, funding, interagency coordination, and other responsibilities. | ED | Each system must include a single line of responsibility in a lead agency designated or established by the Governor that is responsible for the following: (a)(1) The general administration and supervision of programs and activities administered by agencies, institutions, organizations, and EIS providers receiving assistance under part C of the Act. (2) The monitoring of programs and activities used by the State to carry out part C of the Act (whether or not the programs or activities are administered by agencies, institutions, organizations, and EIS providers that are receiving assistance under part C of the Act), to ensure that the State complies with part C of the Act, including— (i) Monitoring agencies, institutions, organizations, and EIS providers used by the State to carry out part C of the Act; (ii) Enforcing any obligations imposed on those agencies, institutions, organizations, and EIS providers under part C of the Act and these regulations; (iii) Providing technical assistance, if necessary, to those agencies, institutions, organizations, and EIS providers; (iv) Correcting any noncompliance identified through monitoring as soon as possible and in no case later than one year after the lead agency's identification of the noncompliance; and (v) Conducting the activities in paragraphs (a)(2)(i) through (a)(2)(iv) of this section, consistent with §§ 303.700 through 303.707, and any other activities required by the State under those sections. (b) The identification and coordination of all available resources for early intervention services within the State, including those from Federal, State, local, and private sources, consistent with subpart F of this part. (c) The assignment of financial responsibility in accordance with subpart F of this part. (d) The development of procedures in accordance with subpart F of this part to ensure that early intervention services are provided to infants and toddlers with disabilities and their families under part C of the Act in a timely manner, pending the resolu… | |||||
| 34:34:2.1.1.1.2.2.107.18 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.121 Policy for contracting or otherwise arranging for services. | ED | [76 FR 60244, Sept. 28, 2011, as amended at 79 FR 76097, Dec. 19, 2014] | Each system must include a policy pertaining to the contracting or making of other arrangements with public or private individuals or agency service providers to provide early intervention services in the State, consistent with the provisions of part C of the Act, including the contents of the application, and the conditions of the contract or other arrangements. The policy must— (a) Include a requirement that all early intervention services must meet State standards and be consistent with the provisions of this part; and (b) Be consistent with 2 CFR part 200, as adopted at 2 CFR part 3474. | ||||
| 34:34:2.1.1.1.2.2.107.19 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.122 Reimbursement procedures. | ED | Each system must include procedures for securing the timely reimbursement of funds used under part C of the Act, in accordance with subpart F of this part. | |||||
| 34:34:2.1.1.1.2.2.107.20 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.123 Procedural safeguards. | ED | Each system must include procedural safeguards that meet the requirements of subpart E of this part. | |||||
| 34:34:2.1.1.1.2.2.107.21 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.124 Data collection. | ED | (a) Each statewide system must include a system for compiling and reporting timely and accurate data that meets the requirements in paragraph (b) of this section and §§ 303.700 through 303.702 and 303.720 through 303.724. (b) The data system required in paragraph (a) of this section must include a description of the process that the State uses, or will use, to compile data on infants or toddlers with disabilities receiving early intervention services under this part, including a description of the State's sampling methods, if sampling is used, for reporting the data required by the Secretary under sections 616 and 618 of the Act and §§ 303.700 through 303.707 and 303.720 through 303.724. | |||||
| 34:34:2.1.1.1.2.2.107.22 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.125 State interagency coordinating council. | ED | Each system must include a State Interagency Coordinating Council (Council) that meets the requirements of subpart G of this part. | |||||
| 34:34:2.1.1.1.2.2.107.23 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.126 Early intervention services in natural environments. | ED | Each system must include policies and procedures to ensure, consistent with §§ 303.13(a)(8) (early intervention services), 303.26 (natural environments), and 303.344(d)(1)(ii) (content of an IFSP), that early intervention services for infants and toddlers with disabilities are provided— (a) To the maximum extent appropriate, in natural environments; and (b) In settings other than the natural environment that are most appropriate, as determined by the parent and the IFSP Team, only when early intervention services cannot be achieved satisfactorily in a natural environment. | |||||
| 34:34:2.1.1.1.2.2.107.7 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.110 Minimum components of a statewide system. | ED | Each statewide system (system) must include, at a minimum, the components described in §§ 303.111 through 303.126. | |||||
| 34:34:2.1.1.1.2.2.107.8 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.111 State definition of developmental delay. | ED | 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). | |||||
| 34:34:2.1.1.1.2.2.107.9 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | B | Subpart B—State Eligibility for a Grant and Requirements for a Statewide System | § 303.112 Availability of early intervention services. | ED | 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. | |||||
| 34:34:2.1.1.1.2.3.108.1 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.200 State application and assurances. | ED | Each application must contain— (a) The specific State application requirements (including certifications, descriptions, methods, and policies and procedures) required in §§ 303.201 through 303.212; and (b) The assurances required in §§ 303.221 through 303.227. | |||||
| 34:34:2.1.1.1.2.3.109.10 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.209 Transition to preschool and other programs. | ED | (a) Application requirements. Each State must include the following in its application: (1) A description of the policies and procedures it will use to ensure a smooth transition for infants and toddlers with disabilities under the age of three and their families from receiving early intervention services under this part to— (i) Preschool or other appropriate services (for toddlers with disabilities); or (ii) Exiting the program for infants and toddlers with disabilities. (2) A description of how the State will meet each of the requirements in paragraphs (b) through (f) of this section. (3)(i)(A) If the lead agency is not the SEA, an interagency agreement between the lead agency and the SEA; or (B) If the lead agency is the SEA, an intra-agency agreement between the program within that agency that administers part C of the Act and the program within the agency that administers section 619 of the Act. (ii) To ensure a seamless transition between services under this part and under part B of the Act, an interagency agreement under paragraph (a)(3)(i)(A) of this section or an intra-agency agreement under paragraph (a)(3)(i)(B) of this section must address how the lead agency and the SEA will meet the requirements of paragraphs (b) through (f) of this section (including any policies adopted by the lead agency under § 303.401(d) and (e)), § 303.344(h), and 34 CFR 300.101(b), 300.124, 300.321(f), and 300.323(b). (4) Any policy the lead agency has adopted under § 303.401(d) and (e). (b) Notification to the SEA and appropriate LEA. (1) The State lead agency must ensure that— (i) Subject to paragraph (b)(2) of this section, not fewer than 90 days before the third birthday of the toddler with a disability if that toddler may be eligible for preschool services under part B of the Act, the lead agency notifies the SEA and the LEA for the area in which the toddler resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordan… | |||||
| 34:34:2.1.1.1.2.3.109.11 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.210 Coordination with Head Start and Early Head Start, early education, and child care programs. | ED | (a) Each application must contain a description of State efforts to promote collaboration among Head Start and Early Head Start programs under the Head Start Act (42 U.S.C. 9801, et seq., as amended), early education and child care programs, and services under this part. (b) The State lead agency must participate, consistent with section 642B(b)(1)(C)(viii) of the Head Start Act, on the State Advisory Council on Early Childhood Education and Care established under the Head Start Act. | |||||
| 34:34:2.1.1.1.2.3.109.12 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.211 State option to make services under this part available to children ages three and older. | ED | (a) General. (1) Subject to paragraphs (a)(2) and (b) of this section, a State may elect to include in its application for a grant under this part a State policy, developed and implemented jointly by the lead agency and the SEA, under which a parent of a child with a disability who is eligible for preschool services under section 619 of the Act and who previously received early intervention services under this part, may choose the continuation of early intervention services under this part for his or her child after the child turns three until the child enters, or is eligible under State law to enter, kindergarten or elementary school. (2) A State that adopts the policy described in paragraph (a)(1) of this section may determine whether it applies to children with disabilities— (i) From age three until the beginning of the school year following the child's third birthday; (ii) From age three until the beginning of the school year following the child's fourth birthday; or (iii) From age three until the beginning of the school year following the child's fifth birthday. (3) In no case may a State provide services under this section beyond the age at which the child actually enters, or is eligible under State law to enter, kindergarten or elementary school in the State. (b) Requirements. If a State's application for a grant under this part includes the State policy described in paragraph (a) of this section, the system must ensure the following: (1) Parents of children with disabilities who are eligible for services under section 619 of the Act and who previously received early intervention services under this part will be provided an annual notice that contains— (i) A description of the rights of the parents to elect to receive services pursuant to this section or under part B of the Act; and (ii) An explanation of the differences between services provided pursuant to this section and services provided under part B of the Act, including— (A) The types of services and the locations at which the services… | |||||
| 34:34:2.1.1.1.2.3.109.13 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.212 Additional information and assurances. | ED | Each application must contain— (a) A description of the steps the State is taking to ensure equitable access to, and equitable participation in, the part C statewide system as required by section 427(b) of GEPA; and (b) Other information and assurances as the Secretary may reasonably require. | |||||
| 34:34:2.1.1.1.2.3.109.2 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.201 Designation of lead agency. | ED | Each application must include the name of the State lead agency, as designated under § 303.120, that will be responsible for the administration of funds provided under this part. | |||||
| 34:34:2.1.1.1.2.3.109.3 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.202 Certification regarding financial responsibility. | ED | Each application must include a certification to the Secretary that the arrangements to establish financial responsibility for the provision of part C services among appropriate public agencies under § 303.511 and the lead agency's contracts with EIS providers regarding financial responsibility for the provision of part C services both meet the requirements in subpart F of this part (§§ 303.500 through 303.521) and are current as of the date of submission of the certification. | |||||
| 34:34:2.1.1.1.2.3.109.4 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.203 Statewide system and description of services. | ED | Each application must include — (a) A description of services to be provided under this part to infants and toddlers with disabilities and their families through the State's system; (b) The State's policies and procedures regarding the identification and coordination of all available resources within the State from Federal, State, local, and private sources as required under subpart F of this part and including— (1) Policies or procedures adopted by the State as its system of payments that meet the requirements in §§ 303.510, 303.520 and 303.521 (regarding the use of public insurance or benefits, private insurance, or family costs or fees); and (2) Methods used by the State to implement the requirements in § 303.511(b)(2) and (b)(3); and (c) The State's rigorous definition of developmental delay as required under §§ 303.10 and 303.111. | |||||
| 34:34:2.1.1.1.2.3.109.5 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.204 Application's definition of at-risk infants and toddlers and description of services. | ED | If the State provides services under this part to at-risk infants and toddlers through the statewide system, the application must include— (a) The State's definition of at-risk infants and toddlers with disabilities who are eligible in the State for services under part C of the Act (consistent with §§ 303.5 and 303.21(b)); and (b) A description of the early intervention services provided under this part to at-risk infants and toddlers with disabilities who meet the State's definition described in paragraph (a) of this section. | |||||
| 34:34:2.1.1.1.2.3.109.6 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.205 Description of use of funds. | ED | (a) General. Each State application must include a description of the uses for funds under this part for the fiscal year or years covered by the application. The description must be presented separately for the lead agency and the Council and include the information required in paragraphs (b) through (e) of this section. (b) State administration funds including administrative positions. For lead agencies other than State educational agencies (SEAs), each application must include the total— (1) Amount of funds retained by the lead agency for administration purposes, including the amount in paragraph (b)(2) of this section; and (2) Number of full-time equivalent administrative positions to be used to implement part C of the Act, and the total amount of salaries (including benefits) for those positions. (c) Maintenance and implementation activities. Each application must include a description of the nature and scope of each major activity to be carried out under this part, consistent with § 303.501, and the approximate amount of funds to be spent for each activity. (d) Direct services. Each application must include a description of any direct services that the State expects to provide to infants and toddlers with disabilities and their families with funds under this part, consistent with § 303.501, and the approximate amount of funds under this part to be used for the provision of each direct service. (e) Activities by other public agencies. If other public agencies are to receive funds under this part, the application must include— (1) The name of each agency expected to receive funds; (2) The approximate amount of funds each agency will receive; and (3) A summary of the purposes for which the funds will be used. | |||||
| 34:34:2.1.1.1.2.3.109.7 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.206 Referral policies for specific children. | ED | Each application must include the State's policies and procedures that require the referral for early intervention services under this part of specific children under the age of three, as described in § 303.303(b). | |||||
| 34:34:2.1.1.1.2.3.109.8 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.207 Availability of resources. | ED | Each application must include a description of the procedure used by the State to ensure that resources are made available under this part for all geographic areas within the State. | |||||
| 34:34:2.1.1.1.2.3.109.9 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.208 Public participation policies and procedures. | ED | (a) Application. At least 60 days prior to being submitted to the Department, each application for funds under this part (including any policies, procedures, descriptions, methods, certifications, assurances and other information required in the application) must be published in a manner that will ensure circulation throughout the State for at least a 60-day period, with an opportunity for public comment on the application for at least 30 days during that period. (b) State Policies and Procedures. Each application must include a description of the policies and procedures used by the State to ensure that, before adopting any new policy or procedure (including any revision to an existing policy or procedure) needed to comply with part C of the Act and these regulations, the lead agency— (1) Holds public hearings on the new policy or procedure (including any revision to an existing policy or procedure); (2) Provides notice of the hearings held in accordance with paragraph (b)(1) of this section at least 30 days before the hearings are conducted to enable public participation; and (3) Provides an opportunity for the general public, including individuals with disabilities, parents of infants and toddlers with disabilities, EIS providers, and the members of the Council, to comment for at least 30 days on the new policy or procedure (including any revision to an existing policy or procedure) needed to comply with part C of the Act and these regulations. | |||||
| 34:34:2.1.1.1.2.3.110.14 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.220 Assurances satisfactory to the Secretary. | ED | Each application must contain assurances satisfactory to the Secretary that the State has met the requirements in §§ 303.221 through 303.227. | |||||
| 34:34:2.1.1.1.2.3.110.15 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.221 Expenditure of funds. | ED | The State must ensure that Federal funds made available to the State under section 643 of the Act will be expended in accordance with the provisions of this part, including §§ 303.500 and 303.501. | |||||
| 34:34:2.1.1.1.2.3.110.16 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.222 Payor of last resort. | ED | The State must ensure that it will comply with the requirements in §§ 303.510 and 303.511 in subpart F of this part. | |||||
| 34:34:2.1.1.1.2.3.110.17 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.223 Control of funds and property. | ED | The State must ensure that— (a) The control of funds provided under this part, and title to property acquired with those funds, will be in a public agency for the uses and purposes provided in this part; and (b) A public agency will administer the funds and property. | |||||
| 34:34:2.1.1.1.2.3.110.18 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.224 Reports and records. | ED | The State must ensure that it will— (a) Make reports in the form and containing the information that the Secretary may require; and (b) Keep records and afford access to those records as the Secretary may find necessary to ensure compliance with the requirements of this part, the correctness and verification of reports, and the proper disbursement of funds provided under this part. | |||||
| 34:34:2.1.1.1.2.3.110.19 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.225 Prohibition against supplanting; indirect costs. | ED | (a) Each application must provide satisfactory assurance that the Federal funds made available under section 643 of the Act to the State: (1) Will not be commingled with State funds; and (2) Will be used so as to supplement the level of State and local funds expended for infants and toddlers with disabilities and their families and in no case to supplant those State and local funds. (b) To meet the requirement in paragraph (a) of this section, the total amount of State and local funds budgeted for expenditures in the current fiscal year for early intervention services for children eligible under this part and their families must be at least equal to the total amount of State and local funds actually expended for early intervention services for these children and their families in the most recent preceding fiscal year for which the information is available. Allowance may be made for— (1) A decrease in the number of infants and toddlers who are eligible to receive early intervention services under this part; and (2)) Unusually large amounts of funds expended for such long-term purposes as the acquisition of equipment and the construction of facilities. (c) Requirement regarding indirect costs. (1) Except as provided in paragraph (c)(2) of this section, a lead agency under this part may not charge indirect costs to its part C grant. (2) If approved by the lead agency's cognizant Federal agency or by the Secretary, the lead agency must charge indirect costs through either— (i) A restricted indirect cost rate that meets the requirements in 34 CFR 76.560 through 76.569; or (ii) A cost allocation plan that meets the non-supplanting requirements in paragraph (b) of this section and 34 CFR part 76 of EDGAR. (3) In charging indirect costs under paragraph (c)(2)(i) and (c)(2)(ii) of this section, the lead agency may not charge rent, occupancy, or space maintenance costs directly to the part C grant, unless those costs are specifically approved in advance by the Secretary. | |||||
| 34:34:2.1.1.1.2.3.110.20 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.226 Fiscal control. | ED | The State must ensure that fiscal control and fund accounting procedures will be adopted as necessary to ensure proper disbursement of, and accounting for, Federal funds paid under this part. | |||||
| 34:34:2.1.1.1.2.3.110.21 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.227 Traditionally underserved groups. | ED | The State must ensure that policies and practices have been adopted to ensure— (a) That traditionally underserved groups, including minority, low-income, homeless, and rural families and children with disabilities who are wards of the State, are meaningfully involved in the planning and implementation of all the requirements of this part; and (b) That these families have access to culturally competent services within their local geographical areas. | |||||
| 34:34:2.1.1.1.2.3.111.22 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.228 Subsequent State application and modifications of application. | ED | (a) Subsequent State application. If a State has on file with the Secretary a policy, procedure, method, or assurance that demonstrates that the State meets an application requirement in this part, including any policy, procedure, method, or assurance filed under this part (as in effect before the date of enactment of the Act, December 3, 2004), the Secretary considers the State to have met that requirement for purposes of receiving a grant under this part. (b) Modification of application. An application submitted by a State that meets the requirements of this part remains in effect until the State submits to the Secretary such modifications as the State determines necessary. This section applies to a modification of an application to the same extent and in the same manner as this paragraph applies to the original application. (c) Modifications required by the Secretary. The Secretary may require a State to modify its application under this part to the extent necessary to ensure the State's compliance with this part if— (1) An amendment is made to the Act or to a Federal regulation issued under the Act; (2) A new interpretation of the Act is made by a Federal court or the State's highest court; or (3) An official finding of noncompliance with Federal law or regulations is made with respect to the State. | |||||
| 34:34:2.1.1.1.2.3.111.23 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.229 Determination by the Secretary that a State is eligible. | ED | If the Secretary determines that a State is eligible to receive a grant under part C of the Act, the Secretary notifies the State of that determination. | |||||
| 34:34:2.1.1.1.2.3.111.24 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.230 Standard for disapproval of an application. | ED | The Secretary does not disapprove an application under this part unless the Secretary determines, after notice and opportunity for a hearing in accordance with the procedures in §§ 303.231 through 303.236, that the application fails to comply with the requirements of this part. | |||||
| 34:34:2.1.1.1.2.3.112.25 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.231 Notice and hearing before determining that a State is not eligible. | ED | (a) General. (1) The Secretary does not make a final determination that a State is not eligible to receive a grant under part C of the Act until providing the State— (i) Reasonable notice; and (ii) An opportunity for a hearing. (2) In implementing paragraph (a)(1)(i) of this section, the Secretary sends a written notice to the lead agency by certified mail with a return receipt requested. (b) Content of notice. In the written notice described in paragraph (a)(2) of this section, the Secretary— (1) States the basis on which the Secretary proposes to make a final determination that the State is not eligible; (2) May describe possible options for resolving the issues; (3) Advises the lead agency that it may request a hearing and that the request for a hearing must be made not later than 30 days after it receives the notice of the proposed final determination that the State is not eligible; and (4) Provides the lead agency with information about the hearing procedures that will be followed. | |||||
| 34:34:2.1.1.1.2.3.112.26 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.232 Hearing Official or Panel. | ED | (a) If the lead agency requests a hearing, the Secretary designates one or more individuals, either from the Department or elsewhere, not responsible for or connected with the administration of this program, to conduct a hearing. (b) If more than one individual is designated, the Secretary designates one of those individuals as the Chief Hearing Official of the Hearing Panel. If one individual is designated, that individual is the Hearing Official. | |||||
| 34:34:2.1.1.1.2.3.112.27 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.233 Hearing procedures. | ED | (a) As used in §§ 303.231 through 303.235, the term party or parties means any of the following: (1) A lead agency that requests a hearing regarding the proposed disapproval of the State's eligibility under this part. (2) The Department official who administers the program of financial assistance under this part. (3) A person, group, or agency with an interest in, and having relevant information about, the case that has applied for and been granted leave to intervene by the Hearing Official or Hearing Panel. (b) Within 15 days after receiving a request for a hearing, the Secretary designates a Hearing Official or Hearing Panel and notifies the parties. (c) The Hearing Official or Hearing Panel may regulate the course of proceedings and the conduct of the parties during the proceedings. The Hearing Official or Panel takes all steps necessary to conduct a fair and impartial proceeding, to avoid delay, and to maintain order, including the following: (1) The Hearing Official or Hearing Panel may hold conferences or other types of appropriate proceedings to clarify, simplify, or define the issues or to consider other matters that may aid in the disposition of the case. (2) The Hearing Official or Hearing Panel may schedule a prehearing conference with the Hearing Official or Hearing Panel and the parties. (3) Any party may request the Hearing Official or Hearing Panel to schedule a prehearing or other conference. The Hearing Official or Hearing Panel decides whether a conference is necessary and notifies all parties. (4) At a prehearing or other conference, the Hearing Official or Hearing Panel and the parties may consider subjects such as— (i) Narrowing and clarifying issues; (ii) Assisting the parties in reaching agreements and stipulations; (iii) Clarifying the positions of the parties; (iv) Determining whether an evidentiary hearing or oral argument should be held; and (v) Setting dates for— (A) The exchange of written documents; (B) The receipt of comments from the parties on the need for oral… | |||||
| 34:34:2.1.1.1.2.3.112.28 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.234 Initial decision; final decision. | ED | (a) The Hearing Official or Hearing Panel prepares an initial written decision that addresses each of the points in the notice sent by the Secretary to the lead agency under § 303.231, including any amendments to or further clarification of the issues under § 303.233(c). (b) The initial decision of a Hearing Panel is made by a majority of Hearing Panel members. (c) The Hearing Official or Hearing Panel mails, by certified mail with return receipt requested, a copy of the initial decision to each party (or to the party's counsel) and to the Secretary, with a notice stating that each party has an opportunity to submit written comments regarding the decision to the Secretary. (d) Each party may file comments and recommendations on the initial decision with the Hearing Official or Hearing Panel within 15 days of the date the party receives the Panel's decision. (e) The Hearing Official or Hearing Panel sends a copy of a party's initial comments and recommendations to the other parties by certified mail with return receipt requested. Each party may file responsive comments and recommendations with the Hearing Official or Hearing Panel within seven days of the date the party receives the initial comments and recommendations. (f) The Hearing Official or Hearing Panel forwards the parties' initial and responsive comments on the initial decision to the Secretary who reviews the initial decision and issues a final decision. (g) The initial decision of the Hearing Official or Hearing Panel becomes the final decision of the Secretary unless, within 25 days after the end of the time for receipt of written comments, the Secretary informs the Hearing Official or Hearing Panel and the parties to a hearing in writing that the decision is being further reviewed for possible modification. (h) The Secretary rejects or modifies the initial decision of the Hearing Official or Hearing Panel if the Secretary finds that it is clearly erroneous. (i) The Secretary conducts the review based on the initial decision, the written recor… | |||||
| 34:34:2.1.1.1.2.3.112.29 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.235 Filing requirements. | ED | (a) Any written submission by a party under §§ 303.230 through 303.236 must be filed with the Secretary by hand-delivery, by mail, or by facsimile transmission. The Secretary discourages the use of facsimile transmission for documents longer than five pages. (b) The filing date under paragraph (a) of this section is the date the document is— (1) Hand-delivered; (2) Mailed; or (3) Sent by facsimile transmission. (c) A party filing by facsimile transmission is responsible for confirming that a complete and legible copy of the document was received by the Department. (d) If a document is filed by facsimile transmission, the Secretary, the Hearing Official, or the Panel, as applicable, may require the filing of a follow-up hard copy by hand-delivery or by mail within a reasonable period of time. (e) If agreed upon by the parties, service of a document may be made upon the other party by facsimile transmission. | |||||
| 34:34:2.1.1.1.2.3.112.30 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | C | Subpart C—State Application and Assurances | § 303.236 Judicial review. | ED | If a State is dissatisfied with the Secretary's final decision with respect to the eligibility of the State under part C of the Act, the State may, not later than 60 days after notice of that decision, file with the United States Court of Appeals for the circuit in which that State is located a petition for review of that decision. A copy of the petition must be transmitted by the clerk of the court to the Secretary. The Secretary then files in the court the record of the proceedings upon which the Secretary's action was based, as provided in 28 U.S.C. 2112. | |||||
| 34:34:2.1.1.1.2.4.113.1 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | D | Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans | § 303.300 General. | ED | The statewide comprehensive, coordinated, multidisciplinary interagency system to provide early intervention services for infants and toddlers with disabilities and their families referenced in § 303.100 must include the following components: (a) Pre-referral policies and procedures that include— (1) A public awareness program as described in § 303.301; and (2) A comprehensive child find system as described in § 303.302. (b) Referral policies and procedures as described in § 303.303. (c) Post-referral policies and procedures that ensure compliance with the timeline requirements in § 303.310 and include— (1) Screening, if applicable, as described in § 303.320; (2) Evaluations and assessments as described in §§ 303.321 and 303.322; and (3) Development, review, and implementation of IFSPs as described in §§ 303.340 through 303.346. | |||||
| 34:34:2.1.1.1.2.4.113.2 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | D | Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans | § 303.301 Public awareness program—information for parents. | ED | (a) Preparation and dissemination. In accordance with § 303.116, each system must include a public awareness program that requires the lead agency to— (1)(i) Prepare information on the availability of early intervention services under this part, and other services, as described in paragraph (b) of this section; and (ii) Disseminate to all primary referral sources (especially hospitals and physicians) the information to be given to parents of infants and toddlers, especially parents with premature infants or infants with other physical risk factors associated with learning or developmental complications; and (2) Adopt procedures for assisting the primary referral sources described in § 303.303(c) in disseminating the information described in paragraph (b) of this section to parents of infants and toddlers with disabilities. (b) Information to be provided. The information required to be prepared and disseminated under paragraph (a) of this section must include— (1) A description of the availability of early intervention services under this part; (2) A description of the child find system and how to refer a child under the age of three for an evaluation or early intervention services; and (3) A central directory, as described in § 303.117. (c) Information specific to toddlers with disabilities. Each public awareness program also must include a requirement that the lead agency provide for informing parents of toddlers with disabilities of the availability of services under section 619 of the Act not fewer than 90 days prior to the toddler's third birthday. | |||||
| 34:34:2.1.1.1.2.4.113.3 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | D | Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans | § 303.302 Comprehensive child find system. | ED | (a) General. Each system must include a comprehensive child find system that— (1) Is consistent with part B of the Act (see 34 CFR 300.111); (2) Includes a system for making referrals to lead agencies or EIS providers under this part that— (i) Includes timelines; and (ii) Provides for participation by the primary referral sources described in § 303.303(c); (3) Ensures rigorous standards for appropriately identifying infants and toddlers with disabilities for early intervention services under this part that will reduce the need for future services; and (4) Meets the requirements in paragraphs (b) and (c) of this section and §§ 303.303, 303.310, 303.320, and 303.321. (b) Scope of child find. The lead agency, as part of the child find system, must ensure that— (1) All infants and toddlers with disabilities in the State who are eligible for early intervention services under this part are identified, located, and evaluated, including— (i) Indian infants and toddlers with disabilities residing on a reservation geographically located in the State (including coordination, as necessary, with tribes, tribal organizations, and consortia to identify infants and toddlers with disabilities in the State based, in part, on the information provided by them to the lead agency under § 303.731(e)(1)); and (ii) Infants and toddlers with disabilities who are homeless, in foster care, and wards of the State; and (iii) Infants and toddlers with disabilities that are referenced in § 303.303(b); and (2) An effective method is developed and implemented to identify children who are in need of early intervention services. (c) Coordination. (1) The lead agency, with the assistance of the Council, as defined in § 303.8, must ensure that the child find system under this part— (i) Is coordinated with all other major efforts to locate and identify children by other State agencies responsible for administering the various education, health, and social service programs relevant to this part, including Indian tribes that receive … | |||||
| 34:34:2.1.1.1.2.4.114.4 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | D | Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans | § 303.303 Referral procedures. | ED | (a) General. (1) The lead agency's child find system described in § 303.302 must include the State's procedures for use by primary referral sources for referring a child under the age of three to the part C program. (2) The procedures required in paragraph (a)(1) of this section must— (i) Provide for referring a child as soon as possible, but in no case more than seven days, after the child has been identified; and (ii) Meet the requirements in paragraphs (b) and (c) of this section. (b) Referral of specific at-risk infants and toddlers. The procedures required in paragraph (a) of this section must provide for requiring the referral of a child under the age of three who— (1) Is the subject of a substantiated case of child abuse or neglect; or (2) Is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. (c) Primary referral sources. As used in this subpart, primary referral sources include— (1) Hospitals, including prenatal and postnatal care facilities; (2) Physicians; (3) Parents, including parents of infants and toddlers; (4) Child care programs and early learning programs; (5) LEAs and schools; (6) Public health facilities; (7) Other public health or social service agencies; (8) Other clinics and health care providers; (9) Public agencies and staff in the child welfare system, including child protective service and foster care; (10) Homeless family shelters; and (11) Domestic violence shelters and agencies. | |||||
| 34:34:2.1.1.1.2.4.114.5 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | D | Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans | §§ 303.304-303.309 [Reserved] | ED | ||||||
| 34:34:2.1.1.1.2.4.115.10 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | D | Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans | § 303.322 Determination that a child is not eligible. | ED | If, based on the evaluation conducted under § 303.321, the lead agency determines that a child is not eligible under this part, the lead agency must provide the parent with prior written notice required in § 303.421, and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms under § 303.430, such as requesting a due process hearing or mediation or filing a State complaint. | |||||
| 34:34:2.1.1.1.2.4.115.6 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | D | Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans | § 303.310 Post-referral timeline (45 days). | ED | (a) Except as provided in paragraph (b) of this section, any screening under § 303.320 (if the State has adopted a policy and elects, and the parent consents, to conduct a screening of a child); the initial evaluation and the initial assessments of the child and family under § 303.321; and the initial IFSP meeting under § 303.342 must be completed within 45 days from the date the lead agency or EIS provider receives the referral of the child. (b) Subject to paragraph (c) of this section, the 45-day timeline described in paragraph (a) of this section does not apply for any period when— (1) The child or parent is unavailable to complete the screening (if applicable), the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due to exceptional family circumstances that are documented in the child's early intervention records; or (2) The parent has not provided consent for the screening (if applicable), the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the lead agency or EIS provider to obtain parental consent. (c) The lead agency must develop procedures to ensure that in the event the circumstances described in (b)(1) or (b)(2) of this section exist, the lead agency or EIS provider must— (1) Document in the child's early intervention records the exceptional family circumstances or repeated attempts by the lead agency or EIS provider to obtain parental consent; (2) Complete the screening (if applicable), the initial evaluation, the initial assessments (of the child and family), and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described in paragraph (b)(1) of this section no longer exist or parental consent is obtained for the screening (if applicable), the initial evaluation, and the initial assessment of the child; and (3) Develop and implement an interim IFSP, to the extent appropriate and consistent with § 303.345. (d) The initial family assessment must be … | |||||
| 34:34:2.1.1.1.2.4.115.7 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | D | Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans | §§ 303.311-303.319 [Reserved] | ED | ||||||
| 34:34:2.1.1.1.2.4.115.8 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | D | Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans | § 303.320 Screening procedures (optional). | ED | (a) General. (1) The lead agency may adopt procedures, consistent with the requirements of this section, to screen children under the age of three who have been referred to the part C program to determine whether they are suspected of having a disability under this part. If the lead agency or EIS provider proposes to screen a child, it must— (i) Provide the parent notice under § 303.421 of its intent to screen the child to identify whether the child is suspected of having a disability and include in that notice a description of the parent's right to request an evaluation under § 303.321 at any time during the screening process; and (ii) Obtain parental consent as required in § 303.420(a)(1) before conducting the screening procedures. (2) If the parent consents to the screening and the screening or other available information indicates that the child is— (i) Suspected of having a disability, after notice is provided under § 303.421 and once parental consent is obtained as required in § 303.420, an evaluation and assessment of the child must be conducted under § 303.321; or (ii) Not suspected of having a disability, the lead agency or EIS provider must ensure that notice of that determination is provided to the parent under § 303.421, and that the notice describes the parent's right to request an evaluation. (3) If the parent of the child requests and consents to an evaluation at any time during the screening process, evaluation of the child must be conducted under § 303.321, even if the lead agency or EIS provider has determined under paragraph (a)(2)(ii) of this section that the child is not suspected of having a disability. (b) Definition of screening procedures. Screening procedures — (1) Means activities under paragraphs (a)(1) and (a)(2) of this section that are carried out by, or under the supervision of, the lead agency or EIS provider to identify, at the earliest possible age, infants and toddlers suspected of having a disability and in need of early intervention services; and (2) Includes the … | |||||
| 34:34:2.1.1.1.2.4.115.9 | 34 | Education | III | 303 | PART 303—EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES | D | Subpart D—Child Find, Evaluations and Assessments, and Individualized Family Service Plans | § 303.321 Evaluation of the child and assessment of the child and family. | ED | (a) General. (1) The lead agency must ensure that, subject to obtaining parental consent in accordance with § 303.420(a)(2), each child under the age of three who is referred for evaluation or early intervention services under this part and suspected of having a disability, receives— (i) A timely, comprehensive, multidisciplinary evaluation of the child in accordance with paragraph (b) of this section unless eligibility is established under paragraph (a)(3)(i) of this section; and (ii) If the child is determined eligible as an infant or toddler with a disability as defined in § 303.21-- (A) A multidisciplinary assessment of the unique strengths and needs of that infant or toddler and the identification of services appropriate to meet those needs; (B) A family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of that infant or toddler. The assessments of the child and family are described in paragraph (c) of this section and these assessments may occur simultaneously with the evaluation, provided that the requirements of paragraph (b) of this section are met. (2) As used in this part— (i) Evaluation means the procedures used by qualified personnel to determine a child's initial and continuing eligibility under this part, consistent with the definition of infant or toddler with a disability in § 303.21. An initial evaluation refers to the child's evaluation to determine his or her initial eligibility under this part; (ii) Assessment means the ongoing procedures used by qualified personnel to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility under this part and includes the assessment of the child, consistent with paragraph (c)(1) of this section and the assessment of the child's family, consistent with paragraph (c)(2) of this section… |
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