Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES
Section 92-52-004 - Responsibility for Early Intervention

004.01A Early identification of infants and toddlers with disabilities is provided by the Co-Lead Agencies through a public awareness campaign and a central directory.

004.01B School districts and approved cooperatives shall provide early identification of infants and toddlers with disabilities through the child find activities described in Section 006.01 through 006.01C of this Chapter.

004.01C School districts and approved cooperatives shall provide, at no cost to families, evaluations and assessments of infants and toddlers who are referred because of possible disabilities in order to determine eligibility for early intervention services.

004.01D Services coordination services and the development of the IFSPs are provided to infants and toddlers with disabilities at no cost to families by the Department of Health and Human Services pursuant to 480 NAC 10.

004.01E School districts and approved cooperatives shall provide FAPE early intervention services (those early intervention services that are part of FAPE under 92 NAC 51) to eligible infants and toddlers with disabilities at no cost to families.

004.01F For other early intervention services not mandated by the Special Education Act (early intervention services that are not part of FAPE under 92 NAC 51) and not paid for through any other source, including, but not limited to, insurance, Medicaid, or third-party payor, payment for such services shall be the responsibility of the parent, guardian, or other person responsible for the eligible infant or toddler.

004.01G Each school district or approved cooperative that has a direct role in the provision of FAPE early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child's IFSP. However, 92 NAC 52 does not require that any school district or approved cooperative be held accountable if an eligible child does not achieve the growth projected in the child's IFSP.

004.02A All school districts and approved cooperatives must comply with the requirements of this Chapter concerning the provision of FAPE early intervention services to infants and toddlers with disabilities and will be monitored for compliance with such regulations at least once every three years.

004.02B Failure to comply with the provisions of state and federal statute and administrative rules concerning FAPE early intervention services for infants and toddlers with disabilities shall result in notification to the school district or approved cooperative of specific program deficiencies by the NDE Office of Special Education.

004.02C School districts or approved cooperatives providing FAPE early intervention services shall be afforded 45 calendar days to respond to the initial notification with a report of the resolution of deficiencies or a plan for resolution.

004.02D School districts or approved cooperatives failing to respond as set forth in 92 NAC 52-004.02C shall be afforded an additional 30 calendar days following contact from the Administrator of the NDE Office of Special Education or the designee of the Administrator to submit a plan for resolution of deficiencies.

004.02E Deficiencies must be corrected as soon as possible, and in no case later than one year after the school district or approved cooperative has been notified of the non-compliance. Deficiencies not corrected according to the timelines set forth in 92 NAC 52-004.02 shall be subject to the procedures outlined in 92 NAC 51-004.09.

004.02F School districts or approved cooperatives not meeting the requirements of this Chapter concerning the provision of FAPE early intervention services to infants and toddlers shall be in violation of the law. No state or federal funds shall be paid as long as such violation exists, but no deduction shall be made from any funds required by the Constitution of the State of Nebraska to be paid to such program.

004.03A Individual child information shall be reported electronically via the NDE Portal.

Each school district or approved cooperative shall maintain and report the following information for infants and toddlers with disabilities receiving services according to an Individual Family Service Plan (IFSP).

004.03B This data shall be updated at least annually to reflect change(s) in the information in 92 NAC 52-004.03C and 004.03D.

004.03C School districts, approved cooperatives and state operated schools shall prepare an accurate and unduplicated child count as of October 1 of each year. The October 1 child count must be approved and submitted by the district administrator or designee via the portal on or before October 31 of each year.

004.03D School districts, approved cooperatives and state operated schools shall prepare an accurate and unduplicated year-end child count as of June 30 of each year. The June 30 year-end child count must be approved and submitted by the district administrator or designee via the portal on or before June 30 of each year.