Improving Systems, Practices and Outcomes

OSEP Policy Letters of Clarification Related to Part C and Section 619

Individuals may write to the Secretary of Education requesting clarification or interpretation of the Individuals with Disabilities Education Act (IDEA) statute or regulations. The Department of Education (ED) publishes a summary of responses to these queries quarterly in the Federal Register. The full letters published quarterly from July 2000 on are publicly available at WWW: http://www2.ed.gov/policy/speced/guid/idea/index.html.

The following table includes links to letters from OSEP that specifically address issues related to the early childhood provisions of the IDEA (Part C and Part B-Section 619). Most of the summaries provided are from the Federal Register notices for these letters.

The Office of Special Education Programs (OSEP) has published a new memo, OSEP Memorandum 16-07 (April 29, 2016), which clarifies
July 1997 - April 29, 2016 (most recent available online)
Date Recipient State Topic Section of IDEA
PDF: 04/29/2016 State Directors of Special Education, Preschool/619 State Coordinators, Head Start Directors All Response to Intervention (RTI) and Preschool Services Clarifying that states and local education agencies (LEAs) have an obligation under the IDEA to ensure that evaluations of all children suspected of having a disability, including evaluations of 3-, 4-, or 5-year-old children enrolled in preschool programs, are not delayed or denied because of implementation of a Response to Intervention (RTI) strategy.
PDF: 10/23/2015 Colleagues All Use of Terms Dyslexia, Dyscalculia, and Dysgraphia Clarifying that there is nothing in the IDEA that would prohibit the use of the terms dyslexia, dyscalculia, and dysgraphia in IDEA evaluation, eligibility determinations or IEP documents.
PDF: 07/27/2015 Chief State School Officers, State Directors of Special Education All Maintenance of Effort Answers questions on the final Local Educational Agency (LEA) Maintenance of Effort (MOE) regulations that were published in the Federal Register on April 28, 2015.
PDF: 07/06/2015 Colleagues All Services for Children with ASD Addresses concerns about speech and language Services for children with autism spectrum disorder (ASD), clarifying requirements of the IDEA related to the provision of services for children with disabilities, including children with ASD.
PDF: 04/17/2015 State Directors of Special Education All Children with Disabilities with High Cognition Regarding determining eligibility for special education and related services under the Individuals with Disabilities Education Act (IDEA) for children with disabilities with high cognition. Refers to December 20, 2013 letter to Dr. Jim Delisle regarding children who Delisle terms "twice exceptional students" or "2E students."
PDF: 04/15/2015 Colleagues All Due Process Procedures Provides guidance that States, hearing officers, school districts, school staff, parents, and other stakeholders may find helpful in determining how to follow the IDEA dispute resolution procedures.
PDF: 07/10/2014 Kim Wedel TX Part C finance Provides clarification on the provisions in the regulations implementing Part C of the IDEA regarding 34 CFR §§303.520 and 303.521, State systems of payments (SOP), and 34 CFR §303.510, payor of last resort.
PDF: 05/27/2014 Chief State School Officers All Uninterrupted Scholars Act Provides guidance on the Uninterrupted Scholars Act (USA) (Public Law 112-278), which amends the Family Educational Rights and Privacy Act (FERPA). These changes affect the confidentiality provisions that apply to Parts B and C of the Individuals with Disabilities Education Act (IDEA).
PDF: 03/21/2014 Janice Breton ME Use of Email Provides clarification in response to a question about the use of email to provide parents with their child's individualized education programs (IEPs) and related documentation, such as progress reports, provided the parents and the school district agree to use the electronic mail option, and the States take the necessary steps to ensure that there are appropriate safeguards to protect the integrity of the process.
PDF: 03/13/2014 Chief State School Officers All Part B LEA Maintenance of Effort (MOE) Informs Chief State School Officers about a provision of the Consolidated Appropriations Act, 2014, which states that the level of effort a local educational agency must meet under section 613(a)(2)(A)(iii) of the IDEA, in the year after it fails to maintain effort is the level of effort that would have been required in the absence of that failure and not the LEA's reduced level of expenditures.
PDF: 09/24/13 Marilyn Arons NJ Part C Central Directory Provides clarification on the central directory requirements of the regulations implementing Part C of the Individuals with Disabilities Education Act (IDEA).
PDF: 08/20/13 Colleagues All Bullying Provides an overview of school districts' responsibilities under the IDEA to address bullying of students with disabilities. Includes an enclosure on Effective Evidence-based Practices for Preventing and Addressing Bullying.
PDF: 08/05/13 Diana Bowman NC Children who are Homeless Responding to questions regarding a child's school of origin and the transportation of children with disabilities who are homeless.
PDF: 07/23/13 Chief State School Officers & State Directors of Special Education All Dispute Resolution Part B Dispute Resolution - provides guidance on mediation, State complaint procedures, due process complaints and hearing procedures, the resolution process and expedited due process hearings.The Q&A updates three previous memoranda, as well as a previous Q&A document.
PDF: 07/19/13 Maureen Greer, IDEA Infant and Toddler Coordinators Association -- System of Payments Part C System of Payments - responding to state questions about implementing the system of payments (SOP) provisions of the 2011 Part C regulations of the IDEA, specifically about: (1) parental consent requirements (and use of electronic signatures); (2) parental consent for the use of private insurance to pay for Part C services; and (3) the SOP and fees provisions under the 2011 Part C regulations.
PDF: 05/08/13 Charlcie Flinn TX Part C, FERPA, HIPAA Part C, FERPA, HIPAA - regarding the applicability of the Family Educational Rights and Privacy Act (FERPA) and its regulations and the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule as those legal authorities relate to the early intervention records of a toddler who received early intervention services under Part C of IDEA.
PDF: 04/18/13 Marsha Johnson UT Natural Environments Part C, Section 636 - Individualized Family Service Plan - regarding settings that constitute natural environments for infants and toddlers with disabilities.
PDF: 12/07/12 Carmela N. Edmunds DC Procedural Safeguards Part C — Infants and Toddlers with Disabilities; Section 635 - clarifying whether the use of the term "early intervention records" under Part C of the Individuals with Disabilities Education Act (IDEA) regulations is the same as "education records" for purposes of IDEA, the Family Educational Rights and Privacy Act (FERPA), and the Health Insurance Portability and Accountability Act {HIPAA) Privacy Rule.
PDF: 04/04/12 Kathleen Boundy MA Maintenance of Effort Part B, Section 613 - Local Educational Agency Eligibility - regarding the local educational agency maintenance-of-effort requirement in Part B of the IDEA
PDF: 03/28/12 Individual (personally identifiable information redacted) -- State Residency Requirements Part C, Section 634 - Eligibility - regarding how State residency requirements may be implemented consistent with Part C of the IDEA.
PDF: 02/29/12 Colleagues All Least Restrictive Environment OSEP Dear Colleague Letter on Preschool LRE - reiterating that the least restrictive environment (LRE) requirements of Section 612(a)(5) of the IDEA apply to the placement of preschool children with disabilities.
PDF: 09/30/11 Ronald Stern - NM School for the Deaf NM Least Restrictive Environment / Natural Environments Part B, Section 612 (also Part C) - clarifying that the data reporting requirements for State Performance Plan/Annual Performance Report (SPP/APR) indicators regarding least restrictive environment and natural environments do not mandate particular placements for infants and toddlers or children with disabilities.
(04/04/12 - withdrawn) 06/16/11 Bill East VA Maintenance of Effort Part B, Section 613 - regarding the local educational agency maintenance-of-effort requirement in Part B of the IDEA.
PDF: 05/05/11 Michael Willden NV Nonsupplanting Part C, Section 637 - regarding the nonsupplanting/maintenance-of-effort requirement in Part C of the IDEA.
PDF: 05/04/11 Robert Moser & Pat Kuester KS Nonsupplanting Part C, Section 637 - regarding the nonsupplanting/maintenance-of-effort requirement in Part C of the IDEA.
PDF: 04/25/11 Lilly Rangel-Diaz FL Individualized Education Program Team Part B, Section 614 - regarding the participation of related services providers, including those invited by parents, in Individualized Education Program (IEP) Team meetings and resolution sessions.
PDF: 02/09/11 Brad Hutton & Bill East NY & VA Transition Part C and Part B - clarifying certain requirements in Parts B and C of the IDEA that were explained in OSEP's Early Childhood Transition Frequently Asked Questions (FAQ) document. Transition FAQ.
PDF: 01/21/11 State Directors of Special Education All Child Find OSEP Memorandum 11-07 - Part B, Section 612(a)(3) - clarifying that a Response to Intervention (RTI) process cannot be used to delay/deny an evaluation for eligibility under the IDEA.
PDF: 12/06/10 CSSOs and Lead Agency Directors All Monitoring of ARRA Funds OSEP Memorandum 11-6 - Part C and Part B - notifying states of new OSEP monitoring activities of funds provided through the IDEA under the American Recovery and Reinvestment Act of 2009 (ARRA).
PDF: 10/13/10 Lynne Marie Price FL Procedural Safeguards Part C, Section 639 - regarding whether a State must provide parents with a copy of a test protocol that contains personally identifiable information about their child as part of their child's Part C IDEA records.
PDF: 09/16/10 Pat Grosz FL SPP/APRs Part B, Section 616, Monitoring, Technical Assistance, and Enforcement and Section 642, Federal Administration - regarding requirements for States to establish targets of 100 percent for all compliance indicators in State Performance Plans and Annual Performance Reports under Part C of the IDEA.
PDF: 06/30/10 Heidi Atkins-Lieberman MO Maintenance of State Financial Support Part B, Section 612, State Eligibility - clarifying that a State that decides to discontinue participation in the IDEA Section 619 program may not reduce State financial support for special education and related services for children with disabilities.
PDF: 06/02/10 Linda Brekken CA Evaluations and Eligibility Determinations Part B, Section 614 - regarding the applicability of the Response to Intervention (RTI) requirements in Section 614(b)6(B) of Part B of the IDEA to children ages 3 through 5 enrolled in Head Start Programs.
PDF: 02/12/10 Janice M. Kane FL Individualized Family Service Plan Part C, Section 636 - clarifying the relationship of peer reviewed research to the frequency and intensity of the early intervention services to be included in an infant's or toddler's individualized family service plan.
PDF: 11/13/09 Rick Ingraham CA Evaluations, Parental Consent, and Reevaluations Part C, Section 639, Procedural Safeguards - regarding when parental consent must be obtained for changes in the individualized family service plan.
PDF: 10/27/09 Wendy Whipple NV Complaint Resolution Part C, Section 635, Requirements for Statewide System - regarding the obligation of the State lead agency to provide compensatory services under Part C of the IDEA for children who were denied early intervention services, even after they moved out of the State.
PDF: 06/19/09 Bradley Hutton NY Early Intervention Services Part C, Section 632, Definitions - regarding New York's policy on respite service.
PDF: 01/28/09 Dawn Wardyga RI State Interagency Coordinating Council Part C, Section 641, State Interagency Coordinating Council - concerning parent membership on the State Interagency Coordinating Council (SICC)
PDF: 11/17/08 Jeffrey F. Champagne PA Parental Consent Part B, Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements - clarifying the parental consent requirements in Part B of the IDEA that apply when children with disabilities receive special education and related services in preschool from an intermediate educational unit and subsequently receive special education and related services in kindergarten from a school district.
PDF: 10/17/08 CSSOs and Lead Agency Directors All Correction Of Noncompliance OSEP Memorandum 09-02 - Part C and Part B - reiterating the steps a State must take in order to report that previously identified noncompliance has been corrected and describing how evidence of correction will be factored into the analysis of whether the State has demonstrated substantial compliance for purposes of determinations under Sections 616 and 642 of the IDEA.
PDF: 07/01/08 Tracie Bullock Dickson DC Early Intervention Services Part C, Section 632, Definitions - concerning when nebulizer treatments may be considered a health service under Part C of the IDEA.
PDF: 03/17/08 Individual (personally identifiable information redacted) -- Children In Private Schools Part B, Section 612 - State Eligibility - regarding the interpretation of the requirements of Part B of IDEA that are applicable when a public agency places a preschool-age child with a disability in a private preschool that is not a school that is exclusively for children with disabilities as a means of providing FAPE to that child.
PDF: 11/28/07 Attorney Lawrence W. Berliner CT Complaint Resolution Part C, Section 635 - Requirements for a Statewide System - clarifying that the current Part C regulations do not give an early intervention services provider an opportunity to respond to a complaint.
PDF: 09/24/07 Individual (personally identifiable information redacted) -- Content of Plan Part C, Section 636 - Individualized Family Service Plan - ABA-DT therapy for child with autism - clarifying that the IFSP Team, which includes the child's parents, makes an individualized determination of whether a particular method of providing services is needed for a child to achieve the outcomes in the child's IFSP.
PDF: 09/04/07 Janice M. Kane FL Content of Plan Part C, Section 636 - Individualized Family Service Plan - Early intervention services and duplication of services - clarifying the State's obligation to provide any services that meet the Part C definition of early intervention.
PDF: 05/10/07 U.S. Representative Doris O. Matsui CA Evaluations and Reevaluations Part B, Section 614 - Eligibility determination - regarding how determinations are made about a child's eligibility for special education and related services under Part B of IDEA, including whether factors such as family history of substance abuse and other medical information can be considered as part of the eligibility determination.
PDF: 05/03/07 State Directors of Special Education All Methods of Ensuring Service Part B, Section 612 - State Eligibility - clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children and explaining that the LEA does not have to obtain a separate parental consent if parental consent is given directly to another agency, such as a State's Medicaid Agency.
PDF: 04/12/07 Paul S.Foreman CA Maintenance of Current Educational Placement Part B, Section 615 - Procedural Safeguards - regarding the child's status during the pendency of administrative or judicial proceedings when a child who is no longer eligible for services under Part C of IDEA seeks initial services under Part B of IDEA.
PDF: 03/23/07 Brian L. Talbot VA Children With Disabilities Enrolled by Their Parents In Private Schools Part B, Section 612 - State Eligibility - regarding the role of sending and receiving LEAs in completing child find activities and implementing equitable services for children with disabilities enrolled by their parents in private schools.
PDF: 03/08/07 Dixie S. Huefner UT Discipline Procedures Part B, Section 615 - Procedural Safeguards - regarding when a parent or an LEA may request an expedited due process hearing and the child's placement during an appeal.
PDF: 03/08/07 John D. Hill IN Methods of Ensuring Service Part B, Section 612 - State Eligibility - clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children and explaining that the local educational agency (LEA) does not have to obtain a separate parental consent if parental consent is given directly to another agency, such as a State's Medicaid Agency.
PDF: 03/08/07 Catherine D. Clarke DC Child With a Disability Part A, Section 602 - Definitions - regarding criteria for determining whether a speech or language impairment adversely affects a child's educational performance, how public agencies may respond when speech/language pathology sessions are missed due to the student's absence or the provider's absence, and an explanation of the requirements governing the continuum of alternative placements.
PDF: 03/06/07 Governor Rick Perry TX State Allocation Formula Part C, Section 643 - Allocation of Funds - regarding increased numbers of individuals and families displaced by Hurricane Katrina - clarifying that allocations to each State under Part C of IDEA are based on the ratio of the number of infants and toddlers in that State to the number of infants and toddlers in all States and calculations are based on the most recent data available from the Census Bureau. The Department cannot make adjustments in the formula allocations to States based on data provided by an individual State.
PDF: 03/06/07 Perry A. Zirkel PA Evaluations and Reevaluations Part B, Section 614 - Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements - regarding new requirements in the final regulations for Part B of IDEA that govern whether States may use the severe discrepancy model and clarifying the role of response to intervention in determining whether a child has a specific learning disability.
PDF: 02/02/07 Gerald L. Zahorchak PA Maintenance of Current Educational Placement Part B, Section 615 - Procedural Safeguards - regarding the child's status during the pendency of administrative or judicial proceedings when a child who is no longer eligible for services under Part C of IDEA seeks initial services under Part B of IDEA.
PDF: 01/23/07 Margaret A. Smith FL Methods of Ensuring Service Part B, Section 612 - State Eligibility - clarifying requirements for obtaining parental consent when a public agency seeks access to a child's public benefits or public insurance to pay for required special education and related services for Medicaid-eligible children.
PDF: 12/01/06 U.S. Representative Christopher Smith NJ Children with Disabilities Enrolled by Their Parents In Private Schools Part B, Section 612 - State Eligibility - regarding the applicability of equitable participation requirements to children with disabilities ages three through five enrolled by their parents in private schools or facilities.
PDF: 11/04/05 Danita Munday MS Early Intervention Programs Part C, Section 636 - Individualized Family Service Plan - regarding challenges in meeting the early intervention needs of infants and toddlers with disabilities and their families in the wake of Hurricane Katrina, clarifying the parent consent, interim individualized family service plan, residency, natural environments, and personnel standards requirements under Part C of IDEA; and providing an extension of the timeline for submission of the SPP granted pursuant to the Secretary's transition authority in section 303 of the Individuals with Disabilities Education Improvement Act of 2004.
PDF: 11/04/05 Linda Pippins LA Early Intervention Programs Part C, Section 636 - Individualized Family Service Plan - regarding challenges in meeting the early intervention needs of infants and toddlers with disabilities and their families in the wake of Hurricane Katrina, clarifying the parent consent, interim individualized family service plan, residency, natural environments, and personnel standards requirements under Part C of IDEA; and providing an extension of the timeline for submission of the SPP granted pursuant to the Secretary's transition authority in section 303 of the Individuals with Disabilities Education Improvement Act of 2004.
PDF: 11/04/05 Janice Kane FL Early Intervention Programs Part C, Section 636 - Individualized Family Service Plan - regarding challenges in meeting the early intervention needs of infants and toddlers with disabilities and their families in the wake of Hurricane Katrina, clarifying the parent consent, interim individualized family service plan, residency, natural environments, and personnel standards requirements under Part C of IDEA; and providing an extension of the timeline for submission of the SPP granted pursuant to the Secretary's transition authority in section 303 of the Individuals with Disabilities Education Improvement Act of 2004.
10/07/05 B. Alan McGraw VA Protection of Education Records Providing guidance in response to a question about restricting physical access to education records.
PDF: 08/09/05 Eleanor Hirsh VI Evaluations Part B, Section 612 - State Eligibility - providing an explanation regarding new requirements relating to (1) pre-referral activities and timeliness of referrals for initial evaluation to determine eligibility for special education and related services; (2) use of evaluations conducted under Part C of IDEA to determine eligibility under Part B of IDEA; and (3) placement options for preschool-aged children with disabilities.
PDF: 06/20/05 Dr. Rebecca Cort NY Allocation of Funds Part B, Sections 611 and 619 - clarifying that the New York State Education Department may not require its local educational agencies (LEAs) to pass through Part B funds to private providers or counties in the form of a suballocation required under New York law, but that at an LEA's discretion, disbursements may be made to cover the cost of providing special education and related services to individual students with disabilities.
PDF: 06/02/05 Sandy L. Morris WA Natural Environments Part C, Section 636 - Individualized Family Service Plan - clarifying that IDEA 2004 continues the Department's longstanding interpretation that early intervention services must be provided in a natural environment, unless a written justification exists for providing these services in other settings
PDF: 07/12/04 Rick Ingraham CA Child Find Part C, Section 635 - Requirements for Statewide System - clarifying that Part C does not set forth a specific percentage of children that each State must serve, but States that establish numerical goals must ensure that only eligible children are identified and that eligible children and families are not denied services.
PDF: 04/28/04 Janet D. Gully IL Early Intervention Services Part C, Section 632 - Definitions - explaining regulations and other issues that should be taken into consideration when determining whether services provided after medical or surgical procedures are early intervention services that should be provided under Part C .
PDF: 02/12/04 Individual (personally identifiable information redacted) -- Child Find Part C, Section 635 - Requirements for Statewide System - regarding the State lead agency's child find responsibilities under Part C of IDEA and whether a hospital can disclose information regarding an infant or toddler to a State's lead agency.
PDF: 02/11/04 Mary Elder TX Transition Part C, Section 636 - Individualized Family Service Plan - regarding whether parental consent is required to disclose referral information from a lead agency under Part C of IDEA to the State education agency or local education agency about children who will shortly turn three and transition from receiving early intervention services under Part C to potentially receiving special education and related services under Part B.
PDF: 11/06/03 Linda Goodman CT Evaluations Part C, Section 634 - Eligibility - clarifying whether audiological evaluations must be provided to an infant or toddler referred to Part C, who is suspected of having a communication delay, whose hearing has not been tested, and for whom an audiology evaluation is determined to be needed.
PDF: 10/24/03 Linda Goodman CT Eligibility Criteria Part C, Section 635 - Requirements for Statewide System - regarding the State's obligation to evaluate and assess infants or toddlers who are suspected of having a disability and whether the State can deny services to families who refuse to pay or repeatedly fail to keep appointments.
PDF: 08/19/03 Individual (personally identifiable information redacted) -- Procedural Safeguards Part C, Section 635 - Requirements for Statewide System - regarding (1) the Office for Civil Rights' authority over complaints related to discrimination based on disability, (2) the resolution of individual complaints and the award of compensatory services under Part C of the IDEA, and (3) the lead agency's responsibility for general supervision of all Part C programs and activities, including the monitoring of agencies carrying out Part C services.
PDF: 06/30/03 Individual (personally identifiable information redacted) -- Early Intervention Services Part C, Section 636 - Individualized Family Service Plan - clarifying that the regulations implementing Part C require that (1) written parental consent be obtained before conducting the initial evaluation and placement of a child and before initiating the provision of early intervention services and (2) there is no provision authorizing public agencies to use mediation or due process procedures to override a parent's refusal to consent to the initial provision of early intervention or special education and related services.
PDF: 03/25/03 Moeolo Vaatausili AS Use of Funds Part B, Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations; Section 619 - Preschool Grants - regarding whether the purchase of vehicles to meet the transportation needs of children with disabilities using Part B funds is an allowable cost.
PDF: 03/25/03 Linda Goodman CT Early Intervention Services Part C, Section 636 - Individualized Family Service Plan - regarding whether assistive technology can be provided under Part C.
PDF: 03/13/03 David K. Steele SC Early Intervention Services Part C, Section 636 - Individualized Family Service Plan - clarifying that although the provision of respite or other care arrangements may be necessary for some families to participate in appropriate early intervention activities, the term respite is not intended to serve as child-care or baby-sitting assistance in ordinary circumstances.
PDF: 12/17/02 Marilyn M. Scott WA Distribution of Funds Provided to the Secretary of the Interior Part B, Section 619 - Preschool Grants - clarifying that under current law the State and the Bureau of Indian Affairs each have certain responsibilities regarding the provision of early intervention and special education and related services to Native American children with disabilities residing on reservations.
PDF: 11/20/02 Andrew Gomm NM Administration of Part C Funds Part C, Section 643 - Allocation of Funds - clarifying that the Education Department General Administrative Regulations require recipients of IDEA Part C Federal grant awards to have a restricted indirect cost rate.
PDF: 11/12/02 Rodney Watson LA Prohibition Against Supplanting Part C, Section 637- State Application and Assurances - discussing the non-supplanting requirements for Part C funds and indicating that the total State and local expenditures should be considered, and not just lead agency funds.
PDF: 08/13/02 Individual (personally identifiable information redacted) -- State Participation Part C, Section 634 - Eligibility - clarifying that participation by States in Part C is voluntary.
PDF: 07/30/02 Individual (personally identifiable information redacted) -- Natural Environments Part C, Section 636 - Individualized Family Service Plan - regarding the history of implementation of the natural environments requirements of Part C of the IDEA since the early intervention program was originally enacted, and clarifying that, based on the child's IFSP, appropriate services can be provided in other environments.
PDF: 06/11/02 Trish Howard KY Early Intervention Services Part C, Section 636 - Individualized Family Service Plan - clarifying that (1) guidelines established by a State to assist teams in developing an individualized family service plan (IFSP) may not be implemented in a manner that restricts the authority and responsibility of the IFSP team and (2) that the IFSP team makes the final determination of the frequency and intensity of early intervention services needed by the child.
PDF: 02/13/02 U.S. Congresswoman Judy Biggert DC Amendment of Regulations Part C, Section 631 - Findings and Policy - regarding the Department of Education's decision to delay the issuance of any new regulations for the Part C program until after the IDEA is reauthorized and to withdraw the Notice of Proposed Rulemaking published in the Federal Register on September 5, 2000.
PDF: 02/12/02 Kelly C. Wilson IL Early Intervention Services Part C, Section 636 - Individualized Family Service Plan - clarifying (1) that the IFSP may include a particular methodology or instructional approach that is considered by the IFSP team to be integral to the design of an individualized program of services to meet the unique needs of the individual child and (2) that the State is required to provide all services identified in the IFSP and to ensure that those services are implemented according to the IFSP.
PDF: 12/18/01 U.S. Congressman Charles F. Bass DC Allocation of Grants Part B, Section 619 - regarding implementation of the Preschool Grants and Assistance to States formulas and the options available for distribution of funds under sections 611 and 619.
PDF: 08/06/01 U.S. Senator Richard Shelby DC Natural Environments Part C, Section 636 - Individualized Family Service Plan - regarding the history of implementation of the natural environments requirements of Part C of the IDEA since the early intervention program was originally enacted, and clarifying that, based on the child's IFSP, appropriate services can be provided in center-based programs.
PDF: 06/29/01 Paul Flinter CT Use of Funds Part B, Section 619 - Preschool Grants - regarding allowable uses of Preschool Grant State set-aside funds
PDF: 06/14/01 U.S. Senator Ike Skelton DC Natural Environments Part C, Section 636 - Individualized Family Service Plan - regarding the history and changes to the natural environments requirements of Part C of IDEA since the early intervention program was originally enacted, and clarifying that the need for parent networking and parent training could be addressed through the provision of appropriate services in the child's IFSP.
PDF: 05/17/01 Deborah Barnett, Joanne Wounded Head SD Eligibility Criteria Part C, Section 635 - Requirements for a Statewide System - regarding the use of informed clinical opinion in determining eligibility, the provision of respite care and transportation as part of early intervention services, and the need for appropriately trained staff.
PDF: 05/03/01 Kurt Knickrehm AR Eligibility Criteria Part C, Section 635 - Requirements for a Statewide System - clarifying the need to review public awareness and child find activities to ensure that culturally appropriate materials are provided to all populations in the State and that States can establish initial eligibility criteria but cannot set additional criteria for individual services for a child who has already been determined to be eligible under Part C.
PDF: 05/02/01 Garry Gardner IL Eligibility Criteria Part C, Section 635 - Requirements for a Statewide System - regarding the flexibility that Part C provides States in defining the developmental delay category for determining the eligibility of infants and toddlers with disabilities and the procedures that States must follow in making changes to this category.
PDF: 04/16/01 U.S. Senator Robert C. Byrd DC Early Intervention Services Part C, Section 636 - Individualized Family Service Plan - regarding the individualized family service plan (IFSP) process in determining the intensity and frequency of early intervention services under Part C, along with the financial responsibility for these services.
PDF: 01/17/01 H. James T. Sears (TRICARE) VA Federal Interagency Coordinating Council Part C, Sections 631-641 - regarding the FICC's development of a service guide, TRICARE and IDEA Part C: A Guide to Services, that addresses the interface between TRICARE, the Department of Defense's military health system, and Part C of IDEA.
PDF: 01/02/01 Colleagues -- Federal Interagency Coordinating Council Part C, Sections 631-641 - regarding principles of family involvement and suggested standards of practice developed by the Federal Interagency Coordinating Council (FICC) to encourage meaningful involvement of family members at all levels of policy and service delivery planning.
PDF: 12/19/00 Office of CHAMPUS Management Activity CO Payor of Last Resort Part C, Sections 631-641 - regarding proposed CHAMPUS regulations (including its ``pay first'' and ``medical services'' provisions) and their relationship to Part C's ``payor of last resort'' and other provisions.
PDF: 11/01/00 Individual (personally identifiable information redacted) -- Natural Environments Part C, Sections 631-641 - regarding the requirements of providing early intervention services in natural environments and including appropriate justifications on the IFSP.
PDF: 10/19/00 Cecil Picard LA State Lead Agency General Supervisory Responsibility Part C, Sections 631-641 - regarding the lead agency's responsibility under Part C concerning general administration and supervision, together with assigning financial responsibility among appropriate agencies.
PDF: 09/25/00 Individual (personally identifiable information redacted) -- Infant or Toddler with a Disability Part C, Sections 631-641 - regarding the flexibility Part C provides States in defining the developmental delay category of eligibility of infants and toddlers with disabilities and in establishing standards that exceed Federal requirements.
PDF: 09/18/00 Linda Renee Baker IL Definitions Part C, Sections 631-641 - regarding the State's inability to serve as a "parent" under the Part C regulatory definition for a child who is a "ward" of the State.
PDF: 09/18/00 Lisa Graham Keegan AZ Allocation of Grants Part B, Section 619 - Preschool Grants, Section 611 - Authorization; Allotment; Use of Funds; Authorization of Appropriations - regarding adjustments to Arizona's distribution of the population payment allocation under sections 611 and 619.
PDF: 08/16/00 Julie Goings (Bureau of Indian Affairs) SD Early Intervention Services Part C, Sections 631-641 - regarding the role and responsibilities of the Bureau of Indian Affairs, States and tribes in providing services to children with disabilities from birth to age five who are members of the tribe.
PDF: 08/11/00 Joanne C. Holmes ME Federal Interagency Coordinating Council Part C, Sections 631-641 - regarding application of Section 644 of the IDEA and other Federal requirements to activities of the Federal Interagency Coordinating Council.
PDF: 07/28/00 Rebecca Walk WY Allocation of Grants Part B, Section 619 - Preschool Grants - regarding Wyoming's implementation of the new Preschool Grants and Grants to States formulas and the options available for distribution.
PDF: 07/17/00 Part C Lead Agencies All Procedural Safeguards Part C, Sections 631-641 - regarding guidance on State complaint resolution procedures under Part C of IDEA.
PDF: 05/17/00 Susan Cano VT Provision of FAPE to Children With Disabilities Below Age 3 Part C, Sections 631-641 - clarifying that when a child below age three receives FAPE, States must comply with the requirements of: (1) Both Parts B and C of IDEA when Part B funds are used, and (2) with Part C even if no IDEA Part B or C funds are used for that child as long as the State receives any Part C funds.
PDF: 05/12/00 Individual (personally identifiable information redacted) -- Natural Environments Part C, Sections 631-641 - regarding a State's responsibility to ensure the provision of early intervention services in natural environments, to the maximum extent appropriate to the needs of the child, and the Individualized Family Service Plan Team's responsibility to determine the location in which those services are provided.
PDF: 03/22/00 James R. Nelson IL Part C Funds, Private Insurance, Medicaid Part C, Section 640, Payor of Last Resort - explaining that (1) with respect to the use of a family's private insurance for services under Part C of IDEA, pending further regulatory action, the Department will accept a State's reasonable interpretation of Part C of IDEA, including OSEP's prior policy letters and the position set out in the Department's Notice of Proposed Rulemaking on this issue; (2) with respect to the use of public insurance, Part C of IDEA funds are the payor of last resort; and (3) if a family does not permit access to its Medicaid payments, Part C of IDEA requires that a State ensure that the inability of a family to pay for required services does not result in the denial of services under Part C of IDEA to the child or to the child's family.
PDF: 03/21/00 U.S. Senator Dianne Feinstein DC Natural Environments Part C, Sections 631-641 - responding to separate inquiries from constituents, regarding the history and changes to the natural environments requirements of Part C of IDEA since the law was originally enacted, and clarifying that the need for parent networking and parent training could be addressed through the provision of appropriate services in the child's Individualized Family Service Plan (IFSP).
PDF: 03/21/00 U.S. Congressman Mike Thompson DC Natural Environments Part C, Sections 631-641 - regarding the history of and changes to the natural environments provisions of Part C of IDEA and the requirement that decisions about the provision of required early intervention services in natural environments must be individually determined by the child's IFSP team, and clarifying that determinations regarding services, including services for parents and the location of services to a child, are made by the child's IFSP team.
PDF: 03/21/00 U.S. Congresswoman Lynn Woolsey DC Natural Environments Part C, Sections 631-641 - regarding the natural environments provision of Part C of IDEA, and clarifying, in general, that providing services to an infant or toddler with a disability in a setting such as a centerbased program that is limited exclusively to infants and toddlers with disabilities would not constitute a natural environment, but that early intervention services may be provided in a center-based program serving only children with disabilities, if the IFSP team justifies in the IFSP that this location is necessary to meet the individual needs of a child for a particular service.
PDF: 12/21/99 TRICARE, Office of the General Counsel DOD Payments by CHAMPUS and TRICARE Program Part C, Section 640 - Payor of Last Resort - requesting clarification of, and amendment to, a Department of Defense proposed regulation to provide that CHAMPUS and TRICARE is first payor for early intervention services under Part C of IDEA, as required by the IDEA Amendments of 1997.
PDF: 12/15/99 E.F. Thompson, Jr. MS State Lead Agency General Supervisory Responsibility Part C, Section 635 - Requirements for Statewide System - regarding a Part C State lead agency's general supervisory responsibility to ensure State-wide compliance within its Part C system and to identify whether deficiencies in some districts exist in other districts and to correct all identified deficiencies.
PDF: 12/15/99 Sheryl Dicker Definitions Part C, Sections 631-641 - clarifying that the Part C regulatory definition of "parent," like the statutory definition applicable under both Parts B and C of IDEA, does not include the "State" if the State is the child's guardian.
PDF: 11/24/99 Lawrence Gloeckler NY Procedures for Allocating Preschool Grants Part B, Section 619-Preschool Grants - regarding the State's discretion to require its local educational agencies that place preschool age students with disabilities in approved private preschool special education programs to provide those programs with an amount equal to the flow-through dollars generated by the individual students, and clarifying that if LEAs provide section 619 funds to those schools, those funds must be used in accordance with the requirements of Part B of IDEA, including the applicable cost principles.
PDF: 10/21/99 Lawrence Gloeckler NY Procedures for Allocating Preschool Grants Part B, Section 619-Preschool Grants - regarding New York's distribution of section 619 funds to eligible entities, and confirming that ineligible entities cannot receive future awards under the Preschool Grants program.
PDF: 07/27/99 Howard K. Koh MA State Allocation Formula Part C, Sections 631-641 - regarding population basis for calculating State allocations of Part C funds.
PDF: 07/09/99 Lisa Graham Keegan AZ Procedures for Allocating Subgrants to Eligible Entities Part B, Section 619 - Preschool Grants - regarding the formula for the Preschool Grants program and how State educational agencies allocate subgrants to local educational agencies, procedures for calculating base payments and population and poverty payments, and clarifying that there are no provisions in Part B of IDEA authorizing waivers of these requirements.
PDF: 06/11/99 U.S. Congressman Martin Meehan DC Natural Environments Part C, Sections 631-641 - regarding serving infants and toddlers with disabilities in natural environments appropriate for the individual child and his or her family.
PDF: 05/26/99 John B. Heskett MO Natural Environments Part C, Sections 631-641 - regarding States' obligations to ensure that early intervention services are provided to infants and toddlers with disabilities in natural environments,including the home or community settings in which typically developing children participate, and that individualized determinations must be made by the individualized family service plan team (which includes the parent or parents) as to whether the setting in which the services are being offered would be the natural environment for the particular child.
PDF: 04/30/99 Julie Curry IA FAPE for Children With Disabilities Below Age 3 Part C, Sections 631-641 - confirming that when a child below age three receives a free appropriate public education, states must comply with the requirements of: (1) both Parts B and C of IDEA when Part B funds are used, and (2) with Part C even if no IDEA Part B or C funds are used for that child as long as the State receives any Part C funds.
PDF: 12/30/98 Ginny Duncan PA Evaluations Part C, Sections 631-641 - regarding the role of a service coordinator on the Multidisciplinary Evaluation Team and the exclusion of service providers from initial evaluations.
PDF: 12/16/98 Mary Miller IL Implementation of a Statewide System Part C, Sections 631-641 - regarding the obligation to ensure that early intervention services are available to all eligible infants and toddlers and their families.
PDF: 12/04/98 Ellenmorris Tiegerman NY Free Appropriate Public Education Part B, Section 612 - State Eligibility - explaining that a public agency is not obligated to reimburse for tuition costs for nondisabled preschool aged children in order to provide integrated settings to implement the individualized education programs of preschool aged children with disabilities.
PDF: 10/05/98 Wayne Fox & Mary Alice Leonard-Heath VT State Interagency Coordinating Council Part C, Sections 631-641 - regarding ICC membership of a representative of a State lead agency.
PDF: 09/16/98 Ellenmorris Tiegerman NY Free Appropriate Public Education Part B, Section 612 - State Eligibility - regarding when a State is responsible for paying tuition costs for integrated placements for preschoolaged children with disabilities.
PDF: 07/17/98 Mary Elder TX Natural Environments Part C, Section 636, Individualized Family Service Plan - regarding use of Part C and State funds to provide early intervention services to a child with a disability in a setting which has been determined by the child's Individualized Family Service Team not to be the child's natural environment..
PDF: 06/05/98 James T. Howell FL Implementation of a System of Payments Part C, Sections 631-641 - regarding imposition of a system of payments in a State that uses Part B funds to pay for early intervention services for infants and toddlers with disabilities.
PDF: 05/19/98 Howard A. Peters IL Obligation of Funds Part C, Sections 631-641 - regarding the Department's lack of authority to grant a State's request for an extension of the period of obligation of any Federal grant funds.
PDF: 04/27/98 Individual (personally identifiable information redacted) -- Natural Environments Part C, Section 636 - Individualized Family Service Plan - regarding a State's responsibility to ensure the provision of early intervention services in natural environments, to the maximum extent appropriate to the needs of the child, and the Individualized Family Service Plan Team's responsibility to determine the location in which those services are provided.
PDF: 03/06/98 Ouida Holder AL Personnel Standards Part C, Section 635 - Requirements for Statewide System - regarding personnel standards for providers of special instruction.
PDF: 03/04/98 Maureen Greer IN Statutory Changes Made to Part C by IDEA Amendments of 1997 Part C - regarding when States can access Medicaid and private insurance in ensuring the provision of appropriate early intervention services
PDF: 01/07/98 Carlos Flores CA Obligation to Serve All Eligible Children in the State Part C, Section 634, Eligibility - regarding the relationship between the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and Part H, now Part C.
PDF: 07/01/97 Howard Klebanoff CT Pendency Placement Part B, Section 615 Procedural Safeguards - regarding whether a school district is required to maintain a placement developed for a two-year-old child with a disability under the Part H program during the pendency of a due process hearing conducted under Part B of IDEA.
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Early Childhood Technical Assistance Center

  • CB 8040
  • Chapel Hill, NC 27599-8040
  • phone: 919.962.2001
  • fax: 919.966.7463
  • email: ectacenter@unc.edu

The ECTA Center is a program of the FPG Child Development Institute of the University of North Carolina at Chapel Hill, funded through cooperative agreement number H326P120002 from the Office of Special Education Programs, U.S. Department of Education. Opinions expressed herein do not necessarily represent the Department of Education's position or policy.

  • FPG Child Development Institute
  • OSEP's TA&D Network:IDEAs that Work