Get on Top of the New Part C Regs! Changes in the 2011 IDEA Part C

Regulations and the Impact on ESIT Program Policies and Procedures

Anne Lucas, Joicey Hurth, Kathi Gillaspy and Karen Walker

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Special Thanks

Presentation adapted from presentation developed by Sharon Walsh for the

IDEA Infant Toddler Coordinators Association and the

Division of Early Childhood Council for Exceptional Children

Expected Outcomes

• To understand the major changes in the 2011 regulations compared to the 1999 regulations

• To understand the implications of these changes to ESIT program policies and procedures

• To think about the application of these changes on local program policies, procedures and practices

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Part C Regulations • Final regulations were published in Federal

Register September 28, 2011• Became effective October 28, 2011• New regulations must be implemented by July

1, 2012• Written policies and procedures must be in

place July 1, 2013• Public comment and hearings required

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IDEA Part C Side-By-Side Comparison http://www.ideainfanttoddler.org/pdf/

2011_Part_C_Regulations_Side_by_Side.pdf

• Released October 14, 2011 by:– Council for Exceptional Children

www.cec.sped.org– Division for Early Childhood of CEC (DEC)

www.dec-sped.org– IDEA Infant Toddler Coordinators Association

www.ideainfanttoddler.org

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Session Topics

• Program and Service Components (Screening, Evaluation and Assessment, IFSP)

• Transition• Finance• Other changes and additions• Group Discussion

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Program and Service Components

(Screening, Evaluation and Assessment, IFSP)

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Key Changes: Program and Service Components

• Child Find• Primary Referral Sources• Referral• Definition of Evaluation• Evaluation Procedures• Timelines• Screening• Evaluation• Definition of Assessment

• Informed Clinical Opinion

• Family Assessment• IFSP Content• IFSP Service• Other Services• Natural Environments• Transition

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Program and Service Components

• Pre-referralPublic awarenessChild find

• Referral• Post-referral

ScreeningEvaluation and assessmentDevelopment, review & implementation of IFSPs

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Changes to Child Find• Requires “rigorous standards” to appropriately

identify children to reduce need for future services

• Added programs for coordination of child find effortsHome VisitingChild Protection and Welfare including CAPTAFamily Violence Prevention and Services Act Early Hearing Detection and Intervention (EHDI)Children’s Health Insurance Program (CHIP)Child Care

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Referral

• Added CAPTA language with clarification that intent is not to include siblings of child, but only child “substantiated”

• Requires referral as soon as possible, but in no case more than 7 days, after the child has been identified

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Primary Referral Sources

• Emphasis on word “include”• Added:

Public agencies and staff in the child welfare system, including child protective services and foster care

Homeless family sheltersDomestic violence shelters and agencies

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Timeline

• Retains 45 day timeline from date the lead agency or EIS provider receives a referral to the IFSP meeting

• Establishes two circumstances in which 45 day timeline would not apply:Child or parent is unavailable due to exceptional

family circumstancesParent has not provided consent despite

documented repeated attempts

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Screening Policies and Procedures

• Lead agency may adopt screening • Screening procedures

Means activities …that are carried out by, or under the supervision of, the lead agency or EIS provider to identify, at earliest possible age, infants and toddlers suspected of having a disability and in need of early intervention services

Includes the administration of appropriate instruments by personnel trained to administer those instruments

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Screening Requirements• Must provide prior written notice of intent

to screen, including right to evaluation, and obtain parental consent

• If screening results indicate:“child is suspected of having a disability” must

provide written prior notice and obtain consent to conduct evaluation/assessment

“child is not suspected of having a disability” must provide written prior notice including right to request evaluation

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Evaluation• An evaluation is required unless eligibility has

been determined through review of records• If child is found eligible, the following are required:

Multidisciplinary assessment of child (including review of evaluation results, observation, etc.)

Family-directed assessment of the family (using assessment tool and interview with those family members who elect to participate)

• Evaluation and assessment must be conducted in native language unless clearly not feasible

Informed Clinical Opinion

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• Used by qualified personnel when conducting evaluation and assessment

• Used as independent basis to establish a child’s eligibility even when instruments do not establish eligibility

• In no event may ICO be used to negate the results of evaluation instruments

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Additional IFSP NE Language“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, must be--

(1) Made by the IFSP Team (which includes the parent and other team members);

(2) Consistent with the provisions in §§ 303.13(a)(8), 303.26, and 303.126; and

(3) Based on the child‘s outcomes that are identified …”

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IFSP Transition Language• Adds “and services” to “steps”• Confirmation that child find information

(notification) about the child has been transmitted to the LEA … and with parental consent … transmission of additional information needed by the LEA to ensure continuity of services from the Part C program to the Part B program, including a copy of the most recent evaluation and assessments of the child and the family and most recent IFSP …

• Identification of transition services and other activities that the IFSP Team determines are necessary to support the transition of the child

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Transition

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Transition

• Includes timelines for ONE notification of children who “may be eligible for special education”

• Includes option for an opt-out policy• Requires notification to LEA and SEA• Clarifies transition plan is not separate document

– part of IFSP• Requires interagency and intra-agency agreements• Transition conference must meet IFSP

requirements

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Transition Plan

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• Transition Plan must be developed in the IFSP not fewer than 90 days – and at the discretion of all parties, not more than 9 mos – before the toddlers 3rd birthday

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Transition Notification to SEA and LEA• No fewer than 90 days before 3rd birthday, if child “may

be eligible for preschool services under Part B”, must notify SEA and LEA of the child

• If Part C eligibility is determined more than 45 days but less than 90 days before 3rd birthday, and child “may be eligible for preschool”, must notify SEA and LEA as soon as possible after determining eligibility

• If child is referred fewer than 45 days before 3rd birthday, and child “may be eligible for preschool” with parental consent, must notify SEA and LEA – no eligibility determination for Part C required

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Transition Conference • For a child who “may be eligible” for preschool

services under Part B:Not fewer than 90 days, but not more than

9 months prior to the child’s third birthdayWith the approval of the family, must

convene conference with Lead agency, family, LEA

• For other children, the lead agency with approval of family, must make reasonable effort to convene a conference with family and other appropriate providers of service

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Finance

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Finance Provisions • Cannot require parent to enroll in Medicaid

or other public insurance program• Need consent to use Medicaid if parent not

already enrolled or will incur any cost• Requires written notice if state wants to use

Medicaid including consent to release personal information to Medicaid agency

• Requires consent for use of private insurance each time consent for services is required unless state legislation meets specified requirements

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Use of Public Benefit: Consent Required If –

• Decrease available lifetime coverage or any other insured benefit for child or parent under program

• Result in the child’s parents paying for services that would otherwise be covered by the public benefits or insurance program

• Result in any increase in premiums or discontinuation of public benefits or insurance for child or child’s parents or

• Risk loss of eligibility for the child or child’s parents for home and community-based waivers based on aggregate health-related expenditures

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Private Insurance

Consent does not apply if private insurance statute provides:• Use of private insurance does not count towards or result

in a loss of benefits due to annual or lifetime health insurance coverage caps for infant/toddler, parent, or child’s family members covered under insurance policy

• Use of private health insurance does not negatively affect availability of health insurance to infant/toddler, parent, or child’s family members covered under insurance policy, and insurance coverage may not be discontinued for these individuals due to use of insurance to pay for services and

• Use of private insurance is not be the basis for increasing insurance premiums of infant/toddler, parent, or child’s family members covered under insurance policy

Finance Provisions

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• Requires parents get copy of family cost participation policies and procedures, identifying potential costs that parent may incur

• Co-pays, deductibles and premiums are family costs

• Prohibits disproportionate family cost related to public and private insurance

• Cannot be charged more than actual cost of service

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Finance

“A State may establish, consistent with §§303.13(a)(3) and 303.203(b), a system of payments for early intervention services under Part C of the Act, including a schedule of sliding fees or cost participation fees (such as co-payments, premiums, or deductibles) required to be paid under Federal, State, local, or private programs of insurance or benefits for which the infant or toddler with a disability or the child’s family is enrolled, that meets the requirements of §§303.520 and 303.521.”

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Certification of Financial Responsibility

• 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

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Other Changes and Additions

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Data Reporting

• “…the lead agency must conduct its own child count or use EIS providers to complete its child count. If the lead agency uses EIS providers to complete its child count, then the lead agency must:Establish procedures to be used by EIS providers in

counting the number of children with disabilities receiving early intervention services

Establish dates by which those EIS providers must report to the lead agency to ensure that the State complies with §303.721(a)

Obtain certification from each EIS provider that an unduplicated and accurate count has been made

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Discussion Activity• Write down on worksheet the impact of

Regulation changes: 3 key things that will benefit children and families 3 key things that will impact practice or require a

significant change in practice • Share with 1 other person• Write down on worksheet what supports are

needed to implement new regulations • Full group sharing

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Resources

Overview and Discussion of 2011 Part C Regs:http://osep-part-c.tadnet.org/materials

IDEA 2004 – Building the Legacy (Regs, resources):http://idea.ed.gov/part-c/search/new

ITCA Regs Webpage (Side-by-Side, PPTs)http://www.ideainfanttoddler.org/regulations.htm

ESIT website:www.del.wa.gov/esit

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For More Information on the Regs

• Contact ESIT Program Consultant• Participate in LLA calls and meetings• Watch for more information through email or

ESIT website

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Contact Information

Anne Lucas, NECTAC/WRRCAnne.Lucas@unc.edu

Joicey Hurth, NECTAC/NERRCJoicey.Hurth@unc.edu

Kathi Gillaspy, NECTACKathi.Gillaspy@unc.edu

Karen Walker, ESITKaren.Walker@del.wa.gov