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3. Adds requirements in implementing this option.
If a statewide system includes the option under Section 635(c)(1), the statewide system shall ensure that:
  • Parents of children with disabilities served pursuant to Section 635(c) are provided annual notice that contains:
    • A description of the rights of such parents to elect to receive early intervention services pursuant to Section 635(c) or under Part B; and
    • An explanation of the differences between services provided pursuant to Section 635(c) and services provided under Part B, including: (1) types of services and the locations at which the services are provided; (2) applicable procedural safeguards; and (3) possible costs (including any fees to be charged to families as described in Section 632(4)(B)), if any, to parents of infants or toddlers with disabilities;
  • Services provided pursuant to Section 635(c) include an educational component that promotes school readiness and incorporates preliteracy, language and numeracy skills;
  • The state policy will not affect the right of any child served pursuant to Section 635(c) to instead receive a free appropriate public education (FAPE) under Part B;
  • All early intervention services outlined in the child's individualized family service plan (IFSP) under Section 636 are continued while any eligibility determination is being made for services under Section 635(c);
  • The parents of infants or toddlers with disabilities (as defined in Section 632(5)(A)) provide informed written consent to the state, before such infants or toddlers reach 3 years of age, as to whether such parents intend to choose the continuation of early intervention services pursuant to Section 635(c) for such infants or toddlers;
  • The requirements under Section 637(a)(9) shall not apply with respect to a child who is receiving services in accordance with Section 635(c) until not less than 90 days (and at the discretion of the parties to the conference, not more than nine months) before the time the child will no longer receive those services; and
  • There will be a referral for evaluation for early intervention services of a child who experiences a substantiated case of trauma due to exposure to family violence (as defined in Section 320 of the Family Violence Prevention and Services Act).

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. If a state pursues this option, how might this impact collaborative relationships, common policies, and braided funding streams across departments and agencies?

  2. How might this new provision (if the state pursues this option) impact service delivery models?

  3. How might this new policy impact programming for early Intervention providers and LEA providers?

Application Questions

  1. Who should be involved in crafting state policy if a state selects to pursue the Flexible Part C option?

  2. In your state, do you know whether state legislation be necessary in order to enact these changes? How can you find out?

  3. What system infrastructure requirements might be in place to ensure the development, implementation, and appropriate monitoring of required state policies consistent with this policy?

  4. How might a state’s kindergarten eligibility guideline affect the transition conference planning requirement (637)(a)(9))?

  5. How might Part C programs or LEAs notify parents of the option for their child to continue receiving services under Part C?

  6. How might Part C programs or LEAs explain the options of remaining in Part C or transitioning to Part B?

    These questions were developed by the following stakeholders working together:

    Role: National Health Organization
    Location: Ohio
    Role: Related Services Provider
    Location: Ohio
    Role: Researcher
    Location: Kentucky
    Role: National TA Provider
    Location: North Carolina
    Role: Early Childhood Provider
    Location: Kansas