C.  Early Childhood Services



Different sections of IDEA cover services for young children, depending on their age. These are discussed below.



















20 U.S.C. § 1431(a) (2005).
1.  Part C of IDEA

Part C of IDEA governs early intervention services for infants and toddlers under age three. Congress found an urgent and substantial need for services:

  • “to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life;”
  • “to reduce the educational costs to our society, including our Nation’s schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age;”
  • "to maximize the potential for individuals with disabilities to live independently in society;"
  • “to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; ”and
  • “to enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of all children, particularly minority, low-income, inner city, and rural children, and infants and toddlers in foster care.”










20 U.S.C. § 1432(5) (2005).
An infant or toddler with a disability is defined as an individual under the age of three who needs early intervention services because of:
  • developmental delays in one or more of a number of areas;
  • a diagnosed physical or mental condition that has a high probability of resulting in developmental delay;
  • at a state’s discretion, at-risk infants and toddlers, who would be at risk of experiencing a substantial developmental delay if early intervention services are not provided; and/or
  • at a state’s discretion, children with disabilities who are eligible for services under preschool grants.
Rule 2.08(10)(a).
Developmental delays are described in more detail in Rule 2.08(10)(a), as are various “identifiable conditions known to have a high probability of resulting in significant developmental delays.” Examples are low birth weight, Down’s syndrome, and fetal alcohol syndrome.

20 U.S.C. § 1434(1) (2005).
Under Part C, early intervention services must be available to infants and toddlers with disabilities who are homeless or who are wards of the State. 

20 U.S.C. § 1435(a)(3) (2005);
See
C.R.S § 27-10.5-701;
C.R.S § 27-10.5-702;
C.R.S § 27-10.5-703;
C.R.S § 27-10.5-704.
Colorado statutes defining early intervention services clarify the division of responsibilities between the Department of Human Services and the Department of Education and coordinate payment.

See 42 U.S.C. § 5106a(b)(2)(A)(xxi) (2003).
Under the Child Abuse Prevention and Treatment Act (CAPTA), child welfare caseworkers can make referrals for early intervention services for substantiated abuse and neglect cases. 

Reference
For that matter, anyone involved with the child can request a referral.

Reference
Colorado has a well-established Early Intervention Program. “The Colorado Department of Human Services, Division for Developmental Disabilities (DDD) is the lead agency for Part C in Colorado, and the program is referred to as Early Intervention Colorado.” 

Id. at pp. 11-12.
In Colorado, Child Find responsibilities are shared between the DDD and the Colorado Department of Education. Generally, school districts identify and evaluate children, and local Community Centered Boards (CCB) provide service coordination and IFSP services and coordinate efforts among interagency groups.



Chapman, supra note 15 at 93.
Under Part C Early Childhood Services, an Individualized Family Service Plan (IFSP) is developed. “The IFSP process emphasizes services to meet the child’s and family’s needs and considers the resources, priorities and concerns of the family.”










Early Intervention Colorado State Plan Under Part C, supra note 56 at pp. 20-21.
The IFSP addresses the following in writing:
  1. eligibility determination of the child;
  2. an objective statement of development; 
  3. the resources and priorities of the family related to the child;
  4. outcomes to measure the child’s progress; and
  5. necessary supports and services to achieve the outcomes. 

The IFSP is reviewed at least every six months.   


Chapman, supra note 15 at 93, 96.
Early intervention services should be provided in natural environments, such as home and community settings.











20 U.S.C. § 1436(a) (2005).
An infant or toddler with a disability must be provided with:
  • “a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs;”
  • “a family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the infant or toddler; and”
  • “a written individualized family service plan developed by a multidisciplinary team, including the parents.”
20 U.S.C. § 1436(e).
For more details on the content of an IFSP, see 20 U.S.C. § 1436(d). Parents must give informed written consent before the child can be provided with services.



20 U.S.C. § 1436(e).
Parental consent is different under Part C than other parts of IDEA.  Parents may accept or decline any early intervention service without jeopardizing other services.



20 U.S.C. § 1439(a)(3);
34 C.F.R. § 303.405.
In addition, when early intervention services are revised, parental consent must be given before the revised services are provided.

Chapman, supra note 15 at 98.
The IFSP will identify a Service Coordinator, who is responsible for implementing the plan, and who coordinates a variety of local service providers and service agencies. 

Reference
The plan must be reevaluated and reviewed at least every six months, but may be done in person or by other means, such as a conference call.



Id. at 98-99; 20 U.S.C. § 1436(d)(8); 20 U.S.C. § 1437(a)(9)(A)(i) (2005).
The transition from Part C Early Intervention Services must be planned, including whether the child is eligible for preschool services under Part B, or entitled to FAPE and an IEP under Part B.

McNaught, supra note 16 at 79.
The IFSP can be continued for children age three to five, if appropriate.

Chapman, supra note 15 at 100-101; 20 U.S.C. § 1439(a) (2005).
Part C also includes certain procedural safeguards.


20 U.S.C. § 1419(a) (2005).
2. Part B of IDEA

IDEA funds may be used under Part B for preschool grants, for children with disabilities aged three through five, inclusive, and, at the state’s discretion, for two year old children with disabilities who will turn three during the school year.  


Rule 2.08(9)(a)(ii).
Children with developmental delays, or conditions “associated with significant delays in development” are included in Colorado.

20 U.S.C. § 1413(f)(1) (2005).
IDEA funds may also be used for early intervention services, with a particular emphasis on students in kindergarten through grade three, “who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment.”