POLICY LETTER: September 4, 2007 to Florida Early Steps Bureau Chief Janice M. Kane
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POLICY LETTER: September 4, 2007 to Florida Early Steps Bureau Chief Janice M. Kane MS Word
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POLICY LETTER: September 4, 2007 to Florida Early Steps Bureau Chief Janice M. Kane MS Word
Dated September 4, 2007Janice M. Kane, M.S.W.Bureau ChiefEarly Steps, Children's Medical Services Department of Health4052 Bald Cypress WayBin A60Tallahassee, Florida 32399Dear Ms. Kane:This is in response to your letter dated June 25, 2007, addressed to Patricia J. Guard, Acting Director, Office of Special Education Programs (OSEP). In your letter, you asked several questions regarding the provision of early intervention services. Under Part C of the IDEA, appropriate early intervention services must he available to all eligible children and their families. Early intervention services means services that (1) Are designed to meet the developmental needs of each child eligible under this part and the needs of the family related to enhancing the child's development;(2) Are selected in collaboration with the parents;(3) Arc provided --Under public supervision;By qualified personnel, as defined in 303.21, including the types of personnel listed in paragraph (c) of this section;In conformity with an individualized family service plan; andAt no cost, unless, subject to 34 CFR 303.520(b)(3), Federal or State law provides for a system of payments by families, including a schedule of sliding fees; and(4) Meet the standards of the State, including the requirements of this part. 34 CFR 303.12(a).Question: Is duplication of early intervention services specifically prohibited in the IDEA statute and regulations?Response: The Individuals with Disabilities Education Act of 2004 and the current Part C regulations are silent regarding "duplication of early intervention services."Question: When a family whose child is eligible for and receiving Part C early intervention services wishes to pursue additional services beyond those identified on the individualized family services plan (IFSP) with their own personal resources, is it allowable for the IFSP Team to reduce the level of services to the family based on what the family may have accessed outside the IFSP process?Page 2 - Janice M. Kane, M.S.W.Response: No. Under Part C, early intervention services needed by a particular child are determined through the IFSP process. The participants at the IFSP meeting, which include the parent(s), identify the early intervention services that meet the unique developmental needs of the child and the child's family related to enhancing their child's development (34 CFR 303.343). The need for such sBased on section 607(e) of the IDEA, we arc informing you that our response is provided as informal guidance and is not legally binding, but represents an interpretation by the U.S. Department of Education of the IDEA in the context of the specific facts presented.We hope this response provides the necessary clarifications. Please do not hesitate to contact my office if you have any further questions.Sincerely,/s/Patricia J. GuardActing DirectorOffice of Special Education Programs
TOPIC ADDRESSED: Content of Plan
SECTION OF IDEA: Part C—Infants and Toddlers with Disabilities Section 636 - Individualized Family Service Plan
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Last modified on April 26, 2017