POLICY LETTER: August 6, 2001 to U.S. Senator Richard Shelby

Dated August 6, 2001Honorable Richard Shelby110 Hart BuildingWashington, DC 20510-0103Dear Senator Shelby:This is in response to your letter dated May 2, 2001, to Rod Paige, Secretary, U.S. Department of Education. Your letter was referred to the Office of Special Education Programs (OSEP) for response because OSEP has responsibility for the administration of Part C under the Individuals with Disabilities Education Act (IDEA). You requested that the U.S. Department of Education reconsider the Part C regulations that require early intervention services for infants and toddlers with disabilities to be provided in a child's home or a day care center where there are other children without disabilities. You also expressed concern that parents should have the freedom to have early intervention services at home or at centers specifically designed to meet the needs of disabled children and that the Part C regulations place a heavy burden on rural early intervention providers that must travel long distances to serve children and families. The requirement to provide early intervention services in natural environments is not a new requirement. In the 1991 Amendments to IDEA, Congress added the requirement of natural environments as part of the definition of early intervention services, as well as making it a required part of an individualized family service plan (IFSP). The statute governing the Early Intervention Program (Part C) requires each State to have policies and procedures to ensure that: (1) to the maximum extent appropriate, early intervention services are provided in natural environments including the home, and community settings in which children without disabilities participate; and (2) the provision of early intervention services for an infant or toddler occurs in a setting other than a natural environment only if early intervention cannot be achieved satisfactorily for the infant or toddler in a natural environment. (IDEA sections 632(4)(G) and 635(a)(16)). In addition, an IFSP must contain a justification of the extent, if any, to which the services will not be provided in a natural environment. (IDEA section 636(d)(5)). The regulations implementing these statutory requirements are found at 34 CFR 303.12(b), 303.18, 303.167(c) and 303.344(d)(1)(ii). Natural environments means settings that are natural or normal for the child's age peers who have no disabilities. (34 CFR 303.18).Early intervention services provided to infants and toddlers with disabilities and their families are designed to meet the unique needs of the child, taking into consideration the strengths and challenges of the child and the child's family. After careful evaluation of the child and significant input from the family as to itPatricia J. GuardActing DirectorOffice of Special Education ProgramsPage PAGE 2-Honorable Richard Shelby