Current through Register No. 40, October 3, 2024
(a) With
parental consent, FCESS may begin prior to the completion of the
multidisciplinary evaluation if an interim IFSP is in place that contains the
name of the service provider responsible for the interim services and a
description of the services needed immediately and the elements described in
(h) below. Such an interim IFSP shall not preclude the requirement in (b) below
of completing the multidisciplinary evaluation and developing a full IFSP
within 45 calendar days from the initial date of the referral.
(b) For a child who has been evaluated for
the first time and determined to be eligible, a meeting to complete the initial
IFSP shall be conducted within 45 calendar days from the initial date of
referral received by the IFSP team, described in (c) below.
(c) The IFSP team shall be multidisciplinary
and include the following participants:
(1)
The parent(s);
(2) The service
coordinator;
(3) The person or
persons directly involved in conducting the evaluation or assessment;
(4) Providers, as appropriate; and
(5) As requested by the parent:
a. Other family members; and
b. An advocate, or person outside the
family.
(d)
The initial IFSP meeting shall be held at a time and place mutually agreed upon
by the IFSP team and convenient for the family.
(e) At all IFSP team meetings, including
reviews required pursuant to He- M 510.08(d), if the person or persons
identified in (c)(3) above is unable to attend, the FCESS program shall make
arrangements for their involvement through other means including:
(1) Participating in telephone or virtual
conference call;
(2) Having a
knowledgeable authorized representative attend the meeting; or
(3) Making pertinent records available at the
meeting.
(f) All IFSP
team meetings shall be 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.
(g) The IFSP shall be based
on the results of the multidisciplinary evaluation.
(h) The IFSP shall include:
(1) Information about the child's status in
the domains noted in He-M 510.06
(k)(10);
(2) To the extent the family agrees, a
statement of the family's concerns, priorities, and resources related to
enhancing the family's capacity to meet the developmental needs of the
child;
(3) A statement of the
measurable results or measurable outcomes expected to be achieved for the child
and family, including pre-literacy and language skills as developmentally
appropriate for the child;
(4) The
criteria, procedures, and timelines used to determine the degree to which
progress toward achieving the outcomes is being made and whether modifications
or revisions of the expected results, outcomes, or services are
necessary;
(5) A detailed statement
of the specific FCESS that are necessary to meet the unique needs of the child
and family to achieve the outcomes identified in the IFSP;
(6) The length, frequency, intensity,
anticipated duration, method of delivery, location, and payment arrangement, if
any, for each support and service;
(7) A statement that each FCESS is provided
in the natural environment for that child to the maximum extent
appropriate;
(8) Identification of
the natural environments in which the FCESS will be provided;
(9) A justification of the extent, if any, as
to why a support or service cannot be provided in a natural environment,
including:
a. An explanation of why the
supports or services cannot be provided satisfactorily for the child in a
natural environment;
b. A plan of
action that identifies how supports and services can be provided in a natural
environment in the future; and
c. A
time frame in which this plan will be implemented;
(10) A summary of the documented medical
services such as hospitalization, surgery, medication, and other supports that
the child needs or is receiving through other sources but that are neither
required nor funded under He-M 510;
(11) For services described in (10) above
that are not currently being provided, a description of the steps the service
coordinator or family can take to assist the child and family in securing and
funding those other services;
(12)
The name(s) and credentials of the person(s) responsible for implementing the
supports and services;
(13) The
earliest possible projected start date for each support and service as agreed
upon by the IFSP team, including the family;
(14) The name, telephone number, agency, and
location of the service coordinator;
(15) The names of the members of the IFSP
team participating in the development of the plan;
(16) The steps to be taken to support the
transition described in
He-M
510.09, including:
a. Discussions with, and training of,
parents, as appropriate, regarding future placements and other matters related
to the child's transition;
b.
Procedures to prepare the child for changes in service delivery, including
steps to help the child adjust to, and function in, a new setting;
c. Confirmation that child find system
information, in accordance with
34 CFR
303.115,
303.302, and
303.303, about the child has been
transmitted to the LEA or other relevant agency in accordance with
He-M
510.09 (f) and (g); and
d. Identification of transition services and
other activities that the IFSP team determines are necessary to support the
transition of the child; and
(17) Services to be provided to support the
smooth transition of the child in accordance with
He-M
510.09 to:
a.
Preschool special education services to the extent that those services are
appropriate; or
b. Other
appropriate services.
(i) The steps and services referred to in
(h)(16)-(17) above shall be listed in a document called a transition plan as
described in He-M 510.09
(a).
(j) Through discussion, all IFSP team members
shall consider the advantages and disadvantages of each FCESS suggested during
the development of the IFSP.
(k)
The FCESS program shall explain the contents of the IFSP to the family prior to
the family consenting to the document.
(l) Parents may elect to provide consent with
respect to some FCESS and withhold consent for others.
(m) Parents may withdraw consent for some
services without jeopardizing other FCESS.
(n) The IFSP shall be considered complete
when the family has given consent by signing the IFSP.
(o) The following services shall be provided
to each child at public expense at no cost to the parent:
(1) Implementing child find system
requirements in accordance with 34 CFR Part 303.115, 303.302, and 303.303
;
(2) Evaluation and
assessment;
(3) Service
coordination;
(4) Development,
review, and evaluation of IFSPs; and
(5) Implementation of procedural safeguards
available under He-M 203 and Part C of
Public Law
102-119, Individuals with Disabilities Education
Act, 20 U.S.C.
1400 et seq.
(p) A meeting shall be conducted by the IFSP
team, described in (c) above, on at least an annual basis to evaluate and
revise, as appropriate, the IFSP for the child and the child's family,
according to the following:
(1) The annual
IFSP meeting shall be held at a time and place mutually agreed upon by the IFSP
team and convenient for the family; and
(2) The results of any current evaluations or
current assessments of the child shall be used in determining the early
intervention services that are needed or provided.
(See Revision Note at part heading for He-M 510) #5745,
eff 12-1-93, EXPIRED: 12-1-99
New. #7234, eff 4-22-00; amd by
#7822, eff 2-8-03; ss by #9135, INTERIM, eff 4-22-08, EXPIRED 10-19-08
New. #9594, eff 11-11-09; ss by
#10325, eff 4-26-13
