IDEA Part C – Infants & Toddlers

The U.S. Department of Education (ED) has issued proposed rules regarding the early intervention program for infants and toddlers with disabilities. The proposed regulations implement the changes made to Part C of the Individuals with Disabilities Education Act (IDEA) in 2004. These include: (1) permitting mediation to be available to parents even when they have not requested a due process hearing and requiring that settlement agreements be enforceable in court; (2) allowing states to offer parents of children aged 3-5 the option of continuing to receive early intervention services instead of a "free appropriate public education"; (3) providing clarity regarding confidentiality and the use of public and private insurance to pay for early intervention services and state responsibilities for children with surgically implanted devices. They also incorporate the new "child find" and early interventions provisions of IDEA requiring states have in place referral, public awareness, or other child find policies for children under the age of 3 who are: (1) involved in a substantiated case of abuse and neglect; (2) identified as affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure; (3) homeless; (4) in foster care; (5) wards of the state; and (6) for states that choose to allow parents to continue early intervention services for children age 3 and older, children who experience a substantiated case of trauma due to exposure to family violence. Because these additional child find requirements will substantially increase the number of referrals, the proposed regulations abandon as impractical the current requirement that referral occur within two working days of a child’s identification. Referral would instead be required "as soon as possible." Comments to the proposed regulations are due July 23, 2007.

72 Fed. Reg. 26,456 (May 9, 2007)
[ED proposed regulation]
[ED summary page]