Early Intervention Laws & Advocacy Education Law Center-PA Maura McInerney, Esq.
Overview What This Matters The Law How EI System works in Pennsylvania Eligibility and Evaluation Developing the IFSP/IEP Inclusive Early Intervention Transitions at 3 and at 5 Dispute Resolution – Problem Solving Basic Advocacy Tips 2
Early Intervention Defined Services, education and support to children ages birth to five who have an existing delay; a physical or mental condition with a high probability of a developmental delay; or are “at - risk” of developing a delay or special need that may affect their development or impede their education.
Purpose of Early Intervention Minimize the effects of disability or delay & increase the child’s developmental potential. Physical, cognitive, communication, social or emotional, and adaptive development. Minimize need for school-age special ed services. Enhance potential for independent living and reduce number of individuals with disabilities in institutions. Assist families to meet their children’s special needs. Improve functioning of families Increase long-term benefits for society 4
Why This Matters Rate of human learning/development is most rapid. Timing of intervention is critical because child runs the risk of “missing” opportunities to learn. Increases developmental and educational gains for the child: (a) Fewer children need special ed. and other rehab services (b) Fewer retained in grade less often; (c) Improves life outcomes.
Does It Really Work? Yes. Says 50 years of research Longitudinal data shows that children maintain significant gains at age 19: More finished high school and went on to postsecondary programs and employment than other children Scored higher on reading, arithmetic, and language achievement tests at all grade levels 50% reduction in the need for special education services through end of high school Exhibited fewer anti-social or delinquent behaviors outside of school.
The Early Intervention Laws Federal Law Individuals with Disabilities Education Act (IDEA) Part C - 20 U.S.C. § § 1431-1444 (Infants & Toddlers) Part B - 20 U.S.C. § § 1411-1419 (Preschoolers & School-Age) Federal Regulations IDEA Regulations 34 C.F.R. Part 300 and Part 303 Pennsylvania State Law Act 212 of 1990 Early Intervention Services Systems Act 11 P.S. § 875-101 Pennsylvania Regulations Birth to 3 3 to Age of Beginners 55 Pa. Code Chapter 4226 22 Pa. Code Chapter 14 OCDEL Announcements/Basic Education Circulars 7
Useful Early Intervention Websites Federal: IDEA Law & Regulations: www.wrightslaw.com State: Act 212 - Early Intervention Services System Act - 11 P.S. § 875-101 55 Pa. Code Chapter 4226 (Infants & Toddlers) – www.pacode.com 22 Pa. Code Chapter 14 (School-Age and Preschoolers) – www.pacode.com OCDEL Announcements & Basic Education Circulars from PDE - http://www.education.state.pa.us/portal/server.pt/community/Early_ Intervention/8710/ Early Intervention Forms - www.pattan.net (click on “Legal” then “Forms”) January 11, 2014 8
Governor Department of Department of Public Welfare Education Office of Child Development & Early Learning Bureau of Bureau of Bureau of Bureau of Early Early Learning Certification Subsidy Intervention Services Services Infant Toddler EI Programs Preschool EI Programs County based IUs, School Districts Direct Service Staff/Early Intervention Providers
Similarities between Birth-3 and Preschool EI Systems Both programs are voluntary Both follow the same process and have same Services are free general requirements: “Parents” have important Evaluation (to decide rights called “procedural eligibility) safeguards” and are IFSP/IEP development if members of their child’s child is eligible Team in both systems IFSP/IEP Review Right to access & review Reevaluation records & keep private Transition or Exit from Right to Prior Written Notice Services ( Parents Rights Agreement & NOREP ) Right to agree or disagree 10
Differences between Birth-3 and Preschool EI Systems Types of available services Eligibility criteria Early Interventionist – only in Timelines Birth-3 system Service Coordination – only Definition of Appropriate mandated for Birth-3 system Program (Slide 10) Nutrition Services – not required in preschool EI Focus of Two Systems system I&T focuses more on helping Where services are provided the family help the child Natural Environment Preschool EI programs focus Least Restrictive more on child’s “educational” Environment needs 11
What Does the Law Require? (The Mandate) Birth to 3: Appropriate Early Intervention Services 3 to Age of Beginners: Free Appropriate Public Education (FAPE) Question to ask: Was the IFSP/IEP reasonably calculated to confer meaningful (educational) benefit to the child gauged in relation to the child’s potential? 12
Who Is Responsible? PA: State Dept. of Public Welfare (DPW) OCDEL – Bureau of Early Intervention County Mental Health/Mental Retardation (MH/MR) Agencies are responsible for EI but the County usually contracts with other agencies to provide services Philadelphia also contracts out its intake and evaluation functions to ChildLink NJ: New Jersey Early Intervention System Division of Family Health Services
“Child Find” Duty DPW & MH/MR agencies have a legal duty to locate eligible children, including: Children who are homeless & Children who are wards of the State Mandatory referrals for evaluation: The State must have a system to refer child if: Substantiated case of child abuse or neglect Affected by illegal substance abuse or withdrawal due to prenatal drug exposure Substantiated trauma from family violence.
“Child Find”: State Law Adds at State Option: Definition of “at risk”: (category of children who also should be tracked by DPW) Birth weight under 1,500 grams (3.3 lbs) Neonatal intensive care unit Born to chemically dependent mother And referred by doctor and parent Seriously abused and neglected As substantiated and referred by children & youth agency
Special Populations: Children in Foster Care Over half experience developmental delays – this is four to five times the rate found in the general population Nearly 80 percent are “at risk” for a wide range of medical and developmental problems. More than 40 percent are born with low birthweight and/or premature, two factors which increase the likelihood of developmental delays.
Who Is Eligible in New Jersey? Children birth to age 3 Developmental delay, Child must have at least 25% delay in 2 areas of development or at least a 33% delay in one area of development Diagnosed physical or mental condition that has a high probability of resulting in developmental delay AND condition is specifically recognized as having a high probability of developmental delay
Eligibility for EI Services: Infants & Toddlers Who is eligible for I&T EI Services? A child age birth to 3 rd birthday with a developmental delay is eligible; or A specialist decides that there is a delay even though it doesn’t show up on assessments (called informed clinical opinion ); or A child age birth to 3 rd birthday with a diagnosed physical or mental condition that has a high probability of resulting in a DD (even if not yet DD). Examples: Down Syndrome, Fetal Alcohol Syndrome, Metabolic Disorders 18
Eligibility for EI Services: Infants & Toddlers (cont.) Developmental delay in at least one of these areas of development: Communication Cognition Adaptive (self-help) Social and emotional Physical development (including vision and/or hearing) Developmental delay defined: 25% or more delay for child’s age; or Based on appropriate diagnostic instruments and procedures Tests reveal 1.5 standard deviation below the norm; or On accepted or recognized standardized tests for infants and toddlers Informed clinical opinion indicates a delay, esp. when there are no standardized measures or standardized measures are not appropriate for the child’s chronological age or the developmental area 19
Tracking “At Risk” Children Below Age 3 “At Risk” Children are: Birth weigh less than 1500 grams Cared for in NICU Born to a chemically dependent mother & was referred by a physician Experienced substantiated case of abuse & neglect and was referred by C&Y agency Confirmed dangerous levels of lead poisoning as set by the Department of Public Health Tracking Services: MH/MR must contact child’s family by phone, in writing, or in a meeting at least once every 3 months Must use standardized developmental checklist to review need for: Further tracking Further evaluation/reevaluation for EI eligibility and services Tracking requires parental consent! January 11, 2014 20
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