Section 1437 (a)

(a) Application

A State desiring to receive a grant under section 1433 of this title shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall contain—

  • (1) a designation of the lead agency in the State that will be responsible for the administration of funds provided under section 1433 of this title;
  • (2) a certification to the Secretary that the arrangements to establish financial responsibility for services provided under this subchapter pursuant to section 1440(b) of this title are current as of the date of submission of the certification;
  • (3) information demonstrating eligibility of the State under section 1434 of this title, including—
    • (A) information demonstrating to the Secretary’s satisfaction that the State has in effect the statewide system required by section 1433 of this title; and
    • (B) a description of services to be provided to infants and toddlers with disabilities and their families through the system;


  • (4) if the State provides services to at-risk infants and toddlers through the statewide system, a description of such services;
  • (5) a description of the uses for which funds will be expended in accordance with this subchapter;
  • (6) a description of the State policies and procedures that require the referral for early intervention services under this subchapter of a child under the age of 3 who—
    • (A) is involved in a substantiated case of child abuse or neglect; or
    • (B) is identified as affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure;


  • (7) a description of the procedure used to ensure that resources are made available under this subchapter for all geographic areas within the State;
  • (8) a description of State policies and procedures that ensure that, prior to the adoption by the State of any other policy or procedure necessary to meet the requirements of this subchapter, there are public hearings, adequate notice of the hearings, and an opportunity for comment available to the general public, including individuals with disabilities and parents of infants and toddlers with disabilities;
  • (9) a description of the policies and procedures to be used—
    • (A) to ensure a smooth transition for toddlers receiving early intervention services under this subchapter (and children receiving those services under section 1435(c) of this title) to preschool, school, other appropriate services, or exiting the program, including a description of how—
      • (i) the families of such toddlers and children will be included in the transition plans required by subparagraph (C); and
      • (ii) the lead agency designated or established under section 1435(a)(10) of this title will—
        • (I) notify the local educational agency for the area in which such a child resides that the child will shortly reach the age of eligibility for preschool services under subchapter II, as determined in accordance with State law;
        • (II) in the case of a child who may be eligible for such preschool services, with the approval of the family of the child, convene a conference among the lead agency, the family, and the local educational agency not less than 90 days (and at the discretion of all such parties, not more than 9 months) before the child is eligible for the preschool services, to discuss any such services that the child may receive; and
        • (III) in the case of a child who may not be eligible for such preschool services, with the approval of the family, make reasonable efforts to convene a conference among the lead agency, the family, and providers of other appropriate services for children who are not eligible for preschool services under subchapter II, to discuss the appropriate services that the child may receive;


    • (B) to review the child’s program options for the period from the child’s third birthday through the remainder of the school year; and
    • (C) to establish a transition plan, including, as appropriate, steps to exit from the program;


  • (10) a description of State efforts to promote collaboration among Early Head Start programs under section 9840a of title 42, early education and child care programs, and services under this subchapter; and
  • (11) such other information and assurances as the Secretary may reasonably require.

    • Severe Discrepancy
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    Last modified on November 7, 2019