Monday, July 30, 2012

SpecialEdPost ? Special Education Rights Begin at Birth

Special Education Rights Begin at Birth

by Lillian E. Wong

Recently the U.S. Department of Education released new regulations that govern the?rights of infants and toddlers?(birth through two years)? with disabilities (Part C of the Individuals with Disabilities Education Act).

The regulations are over?900 pages?long and will take effect soon.

What are some of the important changes?

  • Referral Timeline: Referral for early intervention must be made as soon as possible, and no more than seven days after the child has been identified.
  • Evaluation Timeline: Initial evaluations and first IFSP meeting must occur within 45-days of a referral to early intervention.
  • Transition Plan: IFSP must include a transition plan at least 90 days before the transition from early intervention but no more than 9 months before.? The IFSP must ensure a ?smooth transition.?

Special Education rights begin at birth.? From birth until age three, children who qualify for special education services under Part C of the Individuals with Disabilities Education Act (IDEA) receive supports and services through Early Intervention.? In most states, the agency responsible for implementing Early Intervention services is the state Department of Health and Human Services.??

Just as the IEP main document for programming the services to be given a child with disabilities under Part B of the IDEA, the principal document for identifying services for an infant or toddler under Part C is the Individualized Family Service Plan (IFSP).

The IFSP must provide the child with a Free Appropriate Public Education (FAPE).? If you believe Early Intervention is denying your child a Free Appropriate Public Education, you have the right to request a Due Process Hearing and have an impartial hearing officer decide if your child is receiving FAPE through Early Intervention.? IDEA also provides parents of children in Early Intervention other rights, including the right of Parental Participation.

Read more at?Category: 1

Tags: Early Intervention services, IFSP meeting, Individualized Family Service Plan, Individuals with Disabilities Education Act, McKenzie-Graye Evan, Referral Timeline, rights of infants and toddlers, special education rights, U.S. Department of Education

Source: http://specialedpost.com/2012/07/29/special-education-rights-begin-at-birth/

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