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 92-52-007 - Individual Family Service Plan (IFSP)

Universal Citation: 92 NE Admin Rules and Regs ch 52 ยง 007

Current through March 20, 2024

007.01 For each infant or toddler with a disability, the school district or approved cooperative shall participate in the development, review, and implementation of an Individualized Family Service Plan (IFSP) developed by a multidisciplinary team, which includes the parent.

007.02 Procedure for IFSP development, review and evaluation

007.02A For a child referred for early intervention services and determined to be eligible as an infant or toddler with a disability, the school district or approved cooperative shall participate in a meeting to develop the initial IFSP within the 45 calendar day time period described in 92 NAC 52-006.02.

007.02B The school district or approved cooperative shall participate in a review of the IFSP for a child and the child's family every six months, or more frequently if conditions warrant, or if the family requests such a review. The purpose of the periodic review is to determine: the degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and whether modification or revision of the results, outcomes, or early intervention services identified in the IFSP is necessary.

007.02C The school district or approved cooperative shall participate on at least an annual basis in the meeting to evaluate and revise, as appropriate, the IFSP for a child and the child's family. The results of any current evaluations and other information available from the assessments of the child and family conducted under 92 NAC 52-006 shall be used by the school district or approved cooperative in determining the FAPE early intervention services that are appropriate and will be provided.

007.02D The school district or approved cooperative shall ensure that all IFSP meetings and reviews are conducted in the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so.

007.02E The school district or approved cooperative shall provide each FAPE early intervention service as soon as possible but in no case later than 30 days after the parent provides consent for that service. The school district or approved cooperative is not responsible for providing early intervention services that are not FAPE early intervention services.

007.03 Initial and Annual IFSP Team Meetings

007.03A The district or approved cooperative shall ensure that the following individuals participate in each initial IFSP meeting and each annual IFSP Team meeting.
007.03A1 A person or persons directly involved in conducting the evaluations and assessments in 92 NAC 52-006;

007.03A2 As appropriate, persons who will be providing FAPE early intervention services under this Chapter to the child or family; and

007.03A3 A representative of the school district or approved cooperative who has the authority to commit resources.

007.03B If a person listed in 92 NAC 52-007.03A 1 is unable to attend a meeting, arrangements must be made for the person's involvement through other means, including one of the following:
007.03B1 Participating in a telephone conference call;

007.03B2 Having a knowledgeable authorized representative attend the meeting; or

007.03B3 Making pertinent records available at the meeting.

007.04 The school district or approved cooperative shall provide information to assist in the development of an IFSP: 480 NAC 10 requires that the IFSP contains the following components:

007.04A A statement of the infant or toddler with a disability's present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development based on the information from that child's evaluation and assessments conducted under 92 NAC 52-006.05.

007.04B A statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre-literacy and language skills, as developmentally appropriate for the child) and family and the criteria, procedures, and timelines used to determine:
007.04B1 The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and

007.04B2 Whether modifications or revisions of the expected results or outcomes, or early intervention services identified in the IFSP are necessary.

007.04C A statement of the specific early intervention services, based on peer reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in 92 NAC 52-007.04B including:
007.04C1 The length, duration, frequency, intensity, and method of delivering the early intervention services;
007.04C1a Frequency and intensity mean the number of days or sessions that a service will be provided, and whether the service is provided on an individual or group basis;

007.04C1b Method means how a service is provided (such as individually or in a group);

007.04C1c Length means the length of time the service is provided during each session of that service (such as an hour or other specified time period);

007.04C1d Duration means projecting when a given service will no longer be provided (such as when the child is expected to achieve the results or outcomes of his or her IFSP).

007.04C2 A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, consistent with 92 NAC 52-003.06, 003.18, and 007.06 or subject to 007.04C3, a justification as to why an early intervention service will not be provided in the natural environment.

007.04C3 The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service that must be:
007.04C3a Made by the IFSP Team (which includes the parent and other team members);

007.04C3b Consistent with the provisions in 92 NAC 52-003.14 and 92 NAC 52-007.06; and

007.04C3c Based on the child's outcomes that are identified by the IFSP Team in 92 NAC 52-007.04B.

007.04C4 The location of the early intervention services;

007.04C5 For children who are at least three years of age, an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills.

007.04D The projected date for the initiation of each early intervention service in 92 NAC 52-007.04C, which date must be as soon as possible after the parent consents to the service, but not later than 30 days of receipt of parental consent, as required in 92 NAC 52-007.02E.

007.05 Interim IFSPs

A school district or approved cooperative may commence FAPE early intervention services for an eligible child and the child's family before the completion of the evaluation and assessments in 92 NAC 52-006.05 through 006.07, if the following conditions are met:

007.05A1 Parental consent is obtained by the services coordinator.

007.05A2 An interim IFSP is developed that includes:
007.05A2a The name of the services coordinator who will be responsible for implementing the interim IFSP and coordinating with other agencies and persons;

007.05A2b The name of the school district or approved cooperative representative who has the authority to commit district resources; and

007.05A2c The FAPE early intervention services that have been determined to be needed immediately by the child and the child's family.

007.05A3 Evaluations and assessments are completed within the 45 calendar day timeline in 92 NAC 52-006.02.

007.06 Natural Environments

007.06A To the maximum extent appropriate, FAPE early intervention services provided by the school district or approved cooperative shall be provided in natural environments including home and community settings in which children without disabilities participate.

007.06B The provision of FAPE early intervention services for any infant or toddler may occur in a setting other than a natural environment only when FAPE early intervention cannot be achieved satisfactorily in a natural environment, as determined by the parent and the IFSP Team.

007.07 Year Round Continuous Services

007.07A FAPE early intervention services provided by the school district or approved cooperative may not be interrupted or modified or otherwise changed for reasons unrelated to the child's needs such as service provider availability or scheduling.

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