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IDEA / Related Legislation

The Infants and Toddlers Program* (and the IDEA)

By Susan Goodman, Esq.

Assistive Technology in Special Education

Question -- My daughter recently adopted a nine-month-old baby boy with cerebral palsy. I have heard that he can get different types of therapy that he needs through a special program for infants with disabilities. Is that true?

Answer -- Your grandson may be eligible for services under "Part C" (formerly Part H) of the Individuals with Disabilities Education Act (IDEA). A state that participates in the Part C program (receives federal funds for children with disabilities ages birth to three) must develop a "statewide system of coordinated, comprehensive, multi-disciplinary interagency programs" to provide early intervention services for infants and toddlers.

Question -- How is the decision made about who is eligible for this program?

Answer -- To be eligible for services a child must be under the age of three and have a developmental delay in one of five areas of development:

  1. physical (including vision and hearing);
  2. cognitive;
  3. communication;
  4. social or emotional; and
  5. adaptive development.

The definition for developmental delay in the District of Columbia, for example, requires that an infant or toddler demonstrates a 50% delay in one or more of the areas listed above. In addition, services may be provided to children under the age of three who would be "at risk" of experiencing a substantial developmental delay if early intervention services are not provided.

To determine whether your child is eligible to receive services, an evaluation will be conducted by professionals experienced in the areas of your child's disability. This evaluation is free. The information gathered about your child may come from several sources including doctors reports, developmental tests administered to your child, behavioral checklists, medical history, your observations and feedback from all of the members of the multi-disciplinary team. In addition, the evaluation should be conducted in the child's natural setting, if at all possible.

Question -- My son is eligible for services under the Infant and Toddler program. I have been told that my husband and I must pay for some services. Is that legal?

Answer -- If the state has a system of payments for families, fees may be charged. This includes a sliding fee scale. Services should not be denied to children from low-income families. Some services must be provided free, including evaluation and on-going assessment, service coordination, the development and review of the IFSP, and due process.

Question -- Who do I contact to get find out about getting services?

Answer -- Each state decides which of its agencies will be the lead agency in charge of early intervention services. A list is attached with contact people in each state.

Question -- What happens when I contact the state agency that runs the program?

Answer -- A service coordinator is assigned to the family after a referral is made. The service coordinator is responsible for overall implementation and coordination of the services that will be provided. The service coordinator must be from the profession most relevant to the child or family's needs or otherwise qualified to carry out all of his or her responsibilities.

The service coordinator's role is to serve as a contact point for the family and he or she should remain involved to ensure that the ongoing and changing needs of the child are met.

Question -- What kinds of services will my child receive from this program?

Answer -- The services that a child will receive are determined by the results of a comprehensive, multi-disciplinary evaluation of the functioning of the child and a "family-directed" identification of the needs of each family to enable the family to assist in the development of the child. These specific services are identified on an Individual Family Services Plan (IFSP) developed by an early intervention team. This plan should be designed to meet the unique needs of the child and family.

Some common services available are:

    • Early Identification, Screening and Assessment
    • Medical Services for Diagnosis and Evaluation
    • Health Services to Allow the Child to Benefit from Early Intervention
    • Nursing Services
    • Family Training, Counseling, Home Visits, Parent Support Groups
    • Special Instruction
    • Speech Pathology and Audiology
    • Psychological Services
    • Nutritional Services
    • Service Coordination
    • Social Work
    • Vision Services
    • Assistive Technology Devices and Services Transportation
    • Respite and other family support services
    • Physical and Occupational Therapy

Question -- What, specifically, is an IFSP?

Answer -- An IFSP is the blueprint for the services you and your child will receive. The guiding principle behind the IFSP is that a family is the child's greatest resource and that the needs of the child are closely tied to the needs of the family. The IFSP, therefore, is a family plan and parents are the most important part of the process. It includes:

  1. the child's current developmental levels;
  2. family information;
  3. a statement of the major outcomes expected, timeliness for achieving those outcomes, progress being made and modification or revision of the outcomes or services;
  4. a statement of specific early intervention services needed;
  5. a statement of the natural environment in which the services will be provided and justification if services are not provided in the natural environment;
  6. the projected dates for initiation of and expected duration of services;
  7. the identification of the service coordinator; and,
  8. the steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services.

Each state has specific guidelines for its IFSP. The service coordinator assigned to your family has this information.

Question -- Where will my child receive the services on his IFSP?

Answer -- The law states that services should be delivered in the child's natural environment. This can include, but is not limited to home, daycare center, a clinic, hospital, or preschool program.

Question -- I have been told by my pediatrician that my daughter might benefit from a talking computer system. Will I be able to get one through this program?

Answer -- If the multi-disciplinary team determines from the evaluation that the device will help meet the developmental needs of your daughter, then it should be provided. While the multi-disciplinary team is supposed to help identify funding sources, the "lead agency" in the state would have ultimate responsibility for providing the device. A professional who is knowledgeable about assistive technology should be part of your multi-disciplinary team. Your service coordinator has the responsibility ensuring that this happens.

Question -- I believe that my child would benefit from an assistive device but no one on the evaluation team has expertise in the area? Do I have any rights in this matter.

Answer -- If you disagree with a decision made by the team or the service coordinator, you have the right to appeal and have the issue resolved administratively through a process designed by the state. Parents ultimately have the right to file a lawsuit.

*Adapted in part from - "Early Intervention Services Under Part H of IDEA," Neighborhood Legal Services, Buffalo, New York, December 1996/January 1997.

The opinions expressed herein do not necessarily reflect the position or the policy of the U.S. Department of Education, and no official endorsement by the U.S. Department of Education of the opinions expressed herein should be inferred.