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

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Individuals may write to the Secretary of Education requesting clarification or interpretation of the IDEA statute or regulations. The Department of Education publishes responses to these queries quarterly in the Federal Register. The OSEP Director has shared some letters with the OSEP TA projects before their scheduled publication. NECTAC reviews all letters and posts letters that specifically address Part C and Part B-Section 619 on this page. In addition, NECTAC posts other letters that address Part B of the IDEA that may also be relevant to preschool-aged children. To view the entire collection of OSEP policy letters dealing with all ages from 2000 to the present go to http://www.ed.gov/policy/speced/guid/idea/index.html. A topical index to these letters is available at http://www.ed.gov/policy/speced/guid/idea/letters/revpolicy/index.html.

Early Childhood - July 2000 - March 2008 (Most Recent Available)
Date Recipient State Topic Section of IDEA
3/17/08 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.
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.
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.
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.
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.
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.
04/12/2007 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
11/04/05 Danita Munday MS Early Intervention Programs Part C, Section 615 - Procedural Safeguards - 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.
11/04/05 Linda Pippins LA Early Intervention Programs Part C, Section 615 - Procedural Safeguards - 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.
11/04/05 Janice Kane FL Early Intervention Programs Part C, Section 615 - Procedural Safeguards - 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.
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.
06/20/05 Dr. Rebecca Cort NY Allocation of Funds Part B, Section 611P - Authorization; Allotment; Use of Funds; Authorization of Appropriations; Section 619 - Preschool Grants - 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.
06/07/05 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
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.
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 .
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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