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6. Creates rules of construction on state flexibility.
If a statewide system includes the option under Section 635(c)(1), a state that provides services in accordance with Section 635(c) to a child with a disability who is eligible for services under Section 619 shall not be required to provide the child with FAPE under Part B for the period of time in which the child is receiving services under Part C. Nothing in Section 635(c) shall be construed to require a provider of services under Part C to provide a child served under Part C with FAPE. [635(c)(5)]

A state that provides early intervention services in accordance with Part C to a child who is eligible for services under Section 619, is not required to provide such child with FAPE. [612(a)(1)(C)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why do you think states are not required to provide FAPE if children eligible for Section 619, choose to continue to receive services under Part C?

  2. What might be some of the implications for families that choose to transition from Part C to Part B but later wish to return to Part C?

  3. What individual family factors might preclude a family from transitioning from Part C to Part B or keep them from remaining in Part C?

Application Questions

  1. What type of anticipatory guidance might be helpful to agencies to adequately inform parents of the differences and costs of services provided under Part C and Part B?

  2. What policies and procedures would assist programs in documenting parental choice?

    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