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Los artículos de documentación indican los requerimientos que deben ser documentados en el proceso de educación especial. Pueden ser llenados en formas o por una declaración representativa en un diálogo por escrito.

Los artículos de práctica son requisitos, que deben de reflejarse en la práctica.

Texas Education Code § 29.009. Public Notice Concerning Preschool Programs for Students with Disabilities. 

Each school district shall develop a system to notify the population in the district with children who are at least three years of age but younger than six years of age and who are eligible for enrollment in a special education program of the availability of the program.

Last Amended:  74th Leg., ch. 260, Sec. 1, eff. May 30, 1995
Entered:  January 24, 2011
SBS

19 Texas Administrative Code § 89.1035. Age Ranges for Student Eligibility.

(a)  Pursuant to state and federal law, services provided in accordance with this subchapter must be available to all eligible students ages 3-21. Services will be made available to eligible students on their third birthday. Graduation with a regular high school diploma pursuant to §89.1070 (b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title (relating to Graduation Requirements) terminates a student's eligibility to receive services in accordance with this subchapter. An eligible student receiving special education services who is 21 years of age on September 1 of a school year will be eligible for services through the end of that school year or until graduation with a regular high school diploma pursuant to §89.1070 (b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title, whichever comes first. 
. . . 

Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

Texas Education Code § 29.003. Eligibility Criteria.  

. . . 
(b)  A student is eligible to participate in a school district's special education program if the student:
(1)  is not more than 21 years of age and has a visual or auditory impairment that prevents the student from being adequately or safely educated in public school without the provision of special services; or
(2)  is at least three but not more than 21 years of age and has one or more of the following disabilities that prevents the student from being adequately or safely educated in public school without the provision of special services:
(A)  physical disability;
(B)  intellectual or developmental disability;
(C)  emotional disturbance;
(D)  learning disability;
(E)  autism;
(F)  speech disability; or
(G)  traumatic brain injury.   

Last Amended: 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 2, eff. September 1, 2019
Entered: February 24, 2022

34 Code of Federal Regulations § 300.101  Free appropriate public education (FAPE).   

(a) General.  
A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in §300.530(d).  
. . . 


Last Amended:  71 FR 46762, Aug. 14, 2006
Entered:  May 28, 2009

19 Texas Administrative Code § 89.1035. Age Ranges for Student Eligibility

. . . 
(b)  In accordance with the Texas Education Code (TEC), §§29.003, 30.002(a), and 30.081, a free appropriate public education must be available from birth to students with visual impairments or who are deaf or hard of hearing. 

Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

Texas Education Code § 29.003. Eligibility Criteria.

. . .

(b)  A student is eligible to participate in a school district's special education program if the student:
(1)  is not more than 21 years of age and has a visual or auditory impairment that prevents the student from being adequately or safely educated in public school without the provision of special services; or

. . .

Last Amended: 86th Leg., R.S., Ch. 1279 (H.B. 965), Sec. 2, eff. September 1, 2019
Entered: April 19, 2022

Texas Government Code § 392.002.  Use of Person First Respectful Language Required. 

(a)  The legislature and the Texas Legislative Council are directed to avoid using the following terms and phrases in any new statute or resolution and to change those terms and phrases used in any existing statute or resolution as sections including those terms and phrases are otherwise amended by law:
(1)  disabled;
(2)  developmentally disabled;
(3)  mentally disabled;
(4)  mentally ill;
(5)  mentally retarded;
(6)  handicapped;
(7)  cripple; and
(8)  crippled.

(b)  In enacting or revising statutes or resolutions, the legislature and the Texas Legislative Council are directed to replace, as appropriate, terms and phrases listed by Subsection (a) with the following preferred phrases or appropriate variations of those phrases:
(1)  "persons with disabilities";
(2)  "persons with developmental disabilities";
(3)  "persons with mental illness"; and
(4)  "persons with intellectual disabilities."

(b-1)  In addition to the terms and phrases listed in Subsection (a), the legislature and the Texas Legislative Council are directed to avoid using in any new statute or resolution "hearing impaired," "auditory impairment," and "speech impaired" in reference to a deaf or hard of hearing person, and the legislature and the Texas Legislative Council are directed to replace, when enacting or revising a statute or resolution, those phrases with "deaf" or "hard of hearing," as appropriate.

(c)  A statute or resolution is not invalid solely because it does not employ this section's preferred phrases.  
                                                          

Last Amended: 86th Leg., R.S., Ch. 233, Sec. 1, eff. September 1, 2019
Entered:  Sept. 10, 2019

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(c)  Eligibility definitions.
. . . 
(13)  Noncategorical. A student between the ages of 3-5 who is evaluated as having an intellectual disability, an emotional disturbance, a specific learning disability, or autism may be described as noncategorical early childhood.

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

. . . 
(b)  For a student from birth through two years of age with a visual impairment or who is deaf or hard of hearing, an individualized family services plan (IFSP) meeting must be held in place of an ARD committee meeting in accordance with 34 CFR, §§300.320-300.324, and the memorandum of understanding between the Texas Education Agency and the Texas Health and Human Services Commission. For students three years of age and older, school districts must develop an IEP. 
. . . 


Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.24  Individualized family service plan. 

Individualized family service plan or IFSP has the meaning given the term in section 636 of the Act.


Last Amended:  71 FR 46759, Aug. 14, 2006
Entered:  June 8, 2009
SBS

34 Code of Federal Regulations §303.20   Individualized family service plan.

Individualized family service plan or IFSP means a written plan for providing early intervention services to an infant or toddler with a disability under this part and the infant's or toddler's family that—

(a) Is based on the evaluation and assessment described in §303.321;

(b) Includes the content specified in §303.344;

(c) Is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained (consistent with §303.420); and

(d) Is developed in accordance with the IFSP procedures in §§303.342, 303.343, and 303.345.


Last Amended:  76 FR 60249, Sept. 28, 2011 
Entered:  Dec. 19, 2013

20 United States Code § 1436. Individualized family service plan.  

(a) Assessment and program development A statewide system described in section 1433 of this title shall provide, at a minimum, for each infant or toddler with a disability, and the infant’s or toddler’s family, to receive— 
   (1) a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs; 
   (2) 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 
   (3) a written individualized family service plan developed by a multidisciplinary team, including the parents, as required by subsection (e), including a description of the appropriate transition services for the infant or toddler. 

(b) Periodic review The individualized family service plan shall be evaluated once a year and the family shall be provided a review of the plan at 6-month intervals (or more often where appropriate based on infant or toddler and family needs).

(c) Promptness after assessment The individualized family service plan shall be developed within a reasonable time after the assessment required by subsection (a)(1) is completed. With the parents’ consent, early intervention services may commence prior to the completion of the assessment.

(d) Content of plan The individualized family service plan shall be in writing and contain— 
   (1) a statement of the infant’s or toddler’s present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria;    
   (2) a statement of the family’s resources, priorities, and concerns relating to enhancing the development of the family’s infant or toddler with a disability; 
   (3) a statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre-literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary; 
   (4) a statement of specific early intervention services based on peer-reviewed research, to the extent practicable, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services; 
   (5) a statement of the natural environments in which early intervention services will appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment; 
   (6) the projected dates for initiation of services and the anticipated length, duration, and frequency of the services; 
   (7) the identification of the service coordinator from the profession most immediately relevant to the infant’s or toddler’s or family’s needs (or who is otherwise qualified to carry out all applicable responsibilities under this subchapter) who will be responsible for the implementation of the plan and coordination with other agencies and persons, including transition services; and    
   (8) the steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services.

(e) Parental consent The contents of the individualized family service plan shall be fully explained to the parents and informed written consent from the parents shall be obtained prior to the provision of early intervention services described in such plan. If the parents do not provide consent with respect to a particular early intervention service, then only the early intervention services to which consent is obtained shall be provided.


Last Amended:  Pub. L. 108-446, title I, Sec. 101, Dec. 3, 2004, 118 Stat. 2751 
Entered:  May 26, 2009

34 Code of Federal Regulations § 303.344   Content of an IFSP.

(a) Information about the child's status. The IFSP must include a statement of the infant or toddler with a disability's present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development based on the information from that child's evaluation and assessments conducted under §303.321.

(b) Family information. With the concurrence of the family, the IFSP must include a statement of the family's resources, priorities, and concerns related to enhancing the development of the child as identified through the assessment of the family under §303.321(c)(2).

(c) Results or outcomes. The IFSP must include a statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre-literacy and language skills, as developmentally appropriate for the child) and family, and the criteria, procedures, and timelines used to determine—
(1) The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and
(2) Whether modifications or revisions of the expected results or outcomes, or early intervention services identified in the IFSP are necessary.

(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
(i) The length, duration, frequency, intensity, and method of delivering the early intervention services;
(ii)
(A) A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, consistent with §§303.13(a)(8), 303.26 and 303.126, or, subject to paragraph (d)(1)(ii)(B) of this section, a justification as to why an early intervention service will not be provided in the natural environment.
(B) The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be—
(1) Made by the IFSP Team (which includes the parent and other team members);
(2) Consistent with the provisions in §§303.13(a)(8), 303.26, and 303.126; and
(3) Based on the child's outcomes that are identified by the IFSP Team in paragraph (c) of this section;
(iii) The location of the early intervention services; and
(iv) The payment arrangements, if any.
(2) As used in paragraph (d)(1)(i) of this section—
(i) Frequency and intensity mean the number of days or sessions that a service will be provided, and whether the service is provided on an individual or group basis;
(ii) Method means how a service is provided;
(iii) Length means the length of time the service is provided during each session of that service (such as an hour or other specified time period); and
(iv) Duration means projecting when a given service will no longer be provided (such as when the child is expected to achieve the results or outcomes in his or her IFSP).
(3) As used in paragraph (d)(1)(iii) of this section, location means the actual place or places where a service will be provided.
(4) For children who are at least three years of age, the IFSP must include an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills.

(e) Other services. To the extent appropriate, the IFSP also must—
(1) Identify medical and other services that the child or family needs or is receiving through other sources, but that are neither required nor funded under this part; and
(2) If those services are not currently being provided, include a description of the steps the service coordinator or family may take to assist the child and family in securing those other services.

(f) Dates and duration of services. The IFSP must include—
(1) The projected date for the initiation of each early intervention service in paragraph (d)(1) of this section, which date must be as soon as possible after the parent consents to the service, as required in §§303.342(e) and 303.420(a)(3); and
(2) The anticipated duration of each service.

(g) Service coordinator. 
(1) The IFSP must include the name of the service coordinator from the profession most relevant to the child's or family's needs (or who is otherwise qualified to carry out all applicable responsibilities under this part), who will be responsible for implementing the early intervention services identified in a child's IFSP, including transition services, and coordination with other agencies and persons.
(2) In meeting the requirements in paragraph (g)(1) of this section, the term “profession” includes “service coordination.”

(h) Transition from Part C services. 
(1) The IFSP must include the steps and services to be taken to support the smooth transition of the child, in accordance with §§303.209 and 303.211(b)(6), from part C services to—
(i) Preschool services under part B of the Act, to the extent that those services are appropriate;
(ii) Part C services under §303.211; or
(iii) Other appropriate services.
(2) The steps required in paragraph (h)(1) of this section must include—
(i) Discussions with, and training of, parents, as appropriate, regarding future placements and other matters related to the child's transition;
(ii) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting;
(iii) Confirmation that child find information about the child has been transmitted to the LEA or other relevant agency, in accordance with §303.209(b) (and any policy adopted by the State under §303.401(e)) and, with parental consent if required under §303.414, transmission of additional information needed by the LEA to ensure continuity of services from the part C program to the part B program, including a copy of the most recent evaluation and assessments of the child and the family and most recent IFSP developed in accordance with §§303.340 through 303.345; and
(iv) Identification of transition services and other activities that the IFSP Team determines are necessary to support the transition of the child.


Last Amended:  76 FR 60264, Sept. 28, 2011  
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 300.323  When IEPs must be in effect. 

. . . 
(b) IEP or IFSP for children aged three through five. 
    (1) In the case of a child with a disability aged three through five (or, at the discretion of the SEA, a two-year- old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the Act and its implementing regulations (including an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is— 
. . . 
       (ii) Agreed to by the agency and the child’s parents. 
. . . 


Last Amended:  71 FR 46789, Aug. 14, 2006
Entered:  June 8, 2009

34 Code of Federal Regulations § 303.344   Content of an IFSP.

(a) Information about the child's status. The IFSP must include a statement of the infant or toddler with a disability's present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development based on the information from that child's evaluation and assessments conducted under §303.321. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.321   Evaluation of the child and assessment of the child and family.

(a) General. 
(1) The lead agency must ensure that, subject to obtaining parental consent in accordance with §303.420(a)(2), each child under the age of three who is referred for evaluation or early intervention services under this part and suspected of having a disability, receives—
(i) A timely, comprehensive, multidisciplinary evaluation of the child in accordance with paragraph (b) of this section unless eligibility is established under paragraph (a)(3)(i) of this section; and
(ii) If the child is determined eligible as an infant or toddler with a disability as defined in §303.21--
(A) A multidisciplinary assessment of the unique strengths and needs of that infant or toddler and the identification of services appropriate to meet those needs;
(B) 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 that infant or toddler. The assessments of the child and family are described in paragraph (c) of this section and these assessments may occur simultaneously with the evaluation, provided that the requirements of paragraph (b) of this section are met.
(2) As used in this part—
(i) Evaluation means the procedures used by qualified personnel to determine a child's initial and continuing eligibility under this part, consistent with the definition of infant or toddler with a disability in §303.21. An initial evaluation refers to the child's evaluation to determine his or her initial eligibility under this part;
(ii) Assessment means the ongoing procedures used by qualified personnel to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility under this part and includes the assessment of the child, consistent with paragraph (c)(1) of this section and the assessment of the child's family, consistent with paragraph (c)(2) of this section; and
(iii) Initial assessment refers to the assessment of the child and the family assessment conducted prior to the child's first IFSP meeting.
(3)
(i) A child's medical and other records may be used to establish eligibility (without conducting an evaluation of the child) under this part if those records indicate that the child's level of functioning in one or more of the developmental areas identified in §303.21(a)(1) constitutes a developmental delay or that the child otherwise meets the criteria for an infant or toddler with a disability under §303.21. If the child's part C eligibility is established under this paragraph, the lead agency or EIS provider must conduct assessments of the child and family in accordance with paragraph (c) of this section.
(ii) Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the lead agency must ensure that informed clinical opinion may be used as an independent basis to establish a child's eligibility under this part even when other instruments do not establish eligibility; however, in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility under paragraph (b) of this section.
(4) All evaluations and assessments of the child and family must be conducted by qualified personnel, in a nondiscriminatory manner, and selected and administered so as not to be racially or culturally discriminatory.
(5) Unless clearly not feasible to do so, all evaluations and assessments of a child must be conducted in the native language of the child, in accordance with the definition of native language in §303.25.
(6) Unless clearly not feasible to do so, family assessments must be conducted in the native language of the family members being assessed, in accordance with the definition of native language in §303.25.

(b) Procedures for evaluation of the child. In conducting an evaluation, no single procedure may be used as the sole criterion for determining a child's eligibility under this part. Procedures must include—
(1) Administering an evaluation instrument;
(2) Taking the child's history (including interviewing the parent);
(3) Identifying the child's level of functioning in each of the developmental areas in §303.21(a)(1);
(4) Gathering information from other sources such as family members, other care-givers, medical providers, social workers, and educators, if necessary, to understand the full scope of the child's unique strengths and needs; and
(5) Reviewing medical, educational, or other records.

(c) Procedures for assessment of the child and family. 
(1) An assessment of each infant or toddler with a disability must be conducted by qualified personnel in order to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs. The assessment of the child must include the following—
(i) A review of the results of the evaluation conducted under paragraph (b) of this section;
(ii) Personal observations of the child; and
(iii) The identification of the child's needs in each of the developmental areas in §303.21(a)(1).
(2) A family-directed assessment must be conducted by qualified personnel in order to identify the family's resources, priorities, and concerns and the supports and services necessary to enhance the family's capacity to meet the developmental needs of the family's infant or toddler with a disability. The family-directed assessment must—
(i) Be voluntary on the part of each family member participating in the assessment;
(ii) Be based on information obtained through an assessment tool and also through an interview with those family members who elect to participate in the assessment; and
(iii) Include the family's description of its resources, priorities, and concerns related to enhancing the child's development.


Last Amended:  76 FR 60263, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(b) Family information. With the concurrence of the family, the IFSP must include a statement of the family's resources, priorities, and concerns related to enhancing the development of the child as identified through the assessment of the family under §303.321(c)(2). 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.321   Evaluation of the child and assessment of the child and family.

. . . 
(c) Procedures for assessment of the child and family. 
. . . 
(2) A family-directed assessment must be conducted by qualified personnel in order to identify the family's resources, priorities, and concerns and the supports and services necessary to enhance the family's capacity to meet the developmental needs of the family's infant or toddler with a disability. The family-directed assessment must—
(i) Be voluntary on the part of each family member participating in the assessment;
(ii) Be based on information obtained through an assessment tool and also through an interview with those family members who elect to participate in the assessment; and
(iii) Include the family's description of its resources, priorities, and concerns related to enhancing the child's development.


Last Amended:  76 FR 60263, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(c) Results or outcomes. The IFSP must include a statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre-literacy and language skills, as developmentally appropriate for the child) and family, and the criteria, procedures, and timelines used to determine— 
(1) The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and 
(2) Whether modifications or revisions of the expected results or outcomes, or early intervention services identified in the IFSP are necessary. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(c) Results or outcomes. The IFSP must include a statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre-literacy and language skills, as developmentally appropriate for the child) and family, and the criteria, procedures, and timelines used to determine— 
(1) The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and 
. . .  


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(c) Results or outcomes. The IFSP must include a statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre-literacy and language skills, as developmentally appropriate for the child) and family, and the criteria, procedures, and timelines used to determine— 
. . .  
(2) Whether modifications or revisions of the expected results or outcomes, or early intervention services identified in the IFSP are necessary. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
(i) The length, duration, frequency, intensity, and method of delivering the early intervention services; 
(ii)
(A) A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, consistent with §§303.13(a)(8), 303.26 and 303.126, or, subject to paragraph (d)(1)(ii)(B) of this section, a justification as to why an early intervention service will not be provided in the natural environment. 
(B) The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be— 
(1) Made by the IFSP Team (which includes the parent and other team members); 
(2) Consistent with the provisions in §§303.13(a)(8), 303.26, and 303.126; and 
(3) Based on the child's outcomes that are identified by the IFSP Team in paragraph (c) of this section; 
(iii) The location of the early intervention services; and 
(iv) The payment arrangements, if any. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
(i) The length, duration, frequency, intensity, and method of delivering the early intervention services; 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
. . . 
(2) As used in paragraph (d)(1)(i) of this section— 
(i) Frequency and intensity mean the number of days or sessions that a service will be provided, and whether the service is provided on an individual or group basis; 
(ii) Method means how a service is provided; 
(iii) Length means the length of time the service is provided during each session of that service (such as an hour or other specified time period); and 
(iv) Duration means projecting when a given service will no longer be provided (such as when the child is expected to achieve the results or outcomes in his or her IFSP). 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
. . . 
(ii)
(A) A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, consistent with §§303.13(a)(8), 303.26 and 303.126, or, subject to paragraph (d)(1)(ii)(B) of this section, a justification as to why an early intervention service will not be provided in the natural environment. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.13   Early intervention services.

(a) General. Early intervention services means developmental services that—
. . . 
(8) To the maximum extent appropriate, are provided in natural environments, as defined in §303.26 and consistent with §§303.126 and 303.344(d); and
. . . 


Last Amended:  76 FR 60247, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.26   Natural environments.

Natural environments means settings that are natural or typical for a same-aged infant or toddler without a disability, may include the home or community settings, and must be consistent with the provisions of §303.126.


Last Amended:  76 FR 60250, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.126   Early intervention services in natural environments.

Each system must include policies and procedures to ensure, consistent with §§303.13(a)(8) (early intervention services), 303.26 (natural environments), and 303.344(d)(1)(ii) (content of an IFSP), that early intervention services for infants and toddlers with disabilities are provided—
(a) To the maximum extent appropriate, in natural environments; and
(b) In settings other than the natural environment that are most appropriate, as determined by the parent and the IFSP Team, only when early intervention services cannot be achieved satisfactorily in a natural environment.


Last Amended:  76 FR 60254, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
. . .  
(iii) The location of the early intervention services; and 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
. . . 
(3) As used in paragraph (d)(1)(iii) of this section, location means the actual place or places where a service will be provided. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
. . . 
(iv) The payment arrangements, if any. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
. . . 
(4) For children who are at least three years of age, the IFSP must include an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(f) Dates and duration of services. The IFSP must include— 
(1) The projected date for the initiation of each early intervention service in paragraph (d)(1) of this section, which date must be as soon as possible after the parent consents to the service, as required in §§303.342(e) and 303.420(a)(3); and 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
(i) The length, duration, frequency, intensity, and method of delivering the early intervention services; 
(ii)
(A) A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, consistent with §§303.13(a)(8), 303.26 and 303.126, or, subject to paragraph (d)(1)(ii)(B) of this section, a justification as to why an early intervention service will not be provided in the natural environment. 
(B) The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be— 
(1) Made by the IFSP Team (which includes the parent and other team members); 
(2) Consistent with the provisions in §§303.13(a)(8), 303.26, and 303.126; and 
(3) Based on the child's outcomes that are identified by the IFSP Team in paragraph (c) of this section; 
(iii) The location of the early intervention services; and 
(iv) The payment arrangements, if any. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.342   Procedures for IFSP development, review, and evaluation.

. . . 
(e) Parental consent. The contents of the IFSP must be fully explained to the parents and informed written consent, as described in §303.7, must be obtained, as required in §303.420(a)(3), prior to the provision of early intervention services described in the IFSP. Each early intervention service must be provided as soon as possible after the parent provides consent for that service, as required in §303.344(f)(1).


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.420   Parental consent and ability to decline services.

(a) The lead agency must ensure parental consent is obtained before—
. . .  
(3) Early intervention services are provided to the child under this part;
. . . 


Last Amended:  76 FR 60268, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(f) Dates and duration of services. The IFSP must include— 
. . . 
(2) The anticipated duration of each service. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(g) Service coordinator. 
(1) The IFSP must include the name of the service coordinator from the profession most relevant to the child's or family's needs (or who is otherwise qualified to carry out all applicable responsibilities under this part), who will be responsible for implementing the early intervention services identified in a child's IFSP, including transition services, and coordination with other agencies and persons. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(g) Service coordinator. 
. . . 
(2) In meeting the requirements in paragraph (g)(1) of this section, the term “profession” includes “service coordination.” 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.34   Service coordination services (case management).

(a) General. 
(1) As used in this part, service coordination services mean services provided by a service coordinator to assist and enable an infant or toddler with a disability and the child's family to receive the services and rights, including procedural safeguards, required under this part.
(2) Each infant or toddler with a disability and the child's family must be provided with one service coordinator who is responsible for—
(i) Coordinating all services required under this part across agency lines; and
(ii) Serving as the single point of contact for carrying out the activities described in paragraphs (a)(3) and (b) of this section.
(3) Service coordination is an active, ongoing process that involves—
(i) Assisting parents of infants and toddlers with disabilities in gaining access to, and coordinating the provision of, the early intervention services required under this part; and
(ii) Coordinating the other services identified in the IFSP under §303.344(e) that are needed by, or are being provided to, the infant or toddler with a disability and that child's family.

(b) Specific service coordination services. Service coordination services include—
(1) Assisting parents of infants and toddlers with disabilities in obtaining access to needed early intervention services and other services identified in the IFSP, including making referrals to providers for needed services and scheduling appointments for infants and toddlers with disabilities and their families;
(2) Coordinating the provision of early intervention services and other services (such as educational, social, and medical services that are not provided for diagnostic or evaluative purposes) that the child needs or is being provided;
(3) Coordinating evaluations and assessments;
(4) Facilitating and participating in the development, review, and evaluation of IFSPs;
(5) Conducting referral and other activities to assist families in identifying available EIS providers;
(6) Coordinating, facilitating, and monitoring the delivery of services required under this part to ensure that the services are provided in a timely manner;
(7) Conducting follow-up activities to determine that appropriate part C services are being provided;
(8) Informing families of their rights and procedural safeguards, as set forth in subpart E of this part and related resources;
(9) Coordinating the funding sources for services required under this part; and
(10) Facilitating the development of a transition plan to preschool, school, or, if appropriate, to other services.

(c) Use of the term service coordination or service coordination services. The lead agency's or an EIS provider's use of the term service coordination or service coordination services does not preclude characterization of the services as case management or any other service that is covered by another payor of last resort (including Title XIX of the Social Security Act—Medicaid), for purposes of claims in compliance with the requirements of §§303.501 through 303.521 (Payor of last resort provisions).


Last Amended:  76 FR 60251, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

(a) Application requirements. Each State must include the following in its application:
(1) A description of the policies and procedures it will use to ensure a smooth transition for infants and toddlers with disabilities under the age of three and their families from receiving early intervention services under this part to—
(i) Preschool or other appropriate services (for toddlers with disabilities); or
(ii) Exiting the program for infants and toddlers with disabilities.
(2) A description of how the State will meet each of the requirements in paragraphs (b) through (f) of this section.
(3) (i) (A) If the lead agency is not the SEA, an interagency agreement between the lead agency and the SEA; or
(B) If the lead agency is the SEA, an intra-agency agreement between the program within that agency that administers part C of the Act and the program within the agency that administers section 619 of the Act.
(ii) To ensure a seamless transition between services under this part and under part B of the Act, an interagency agreement under paragraph (a)(3)(i)(A) of this section or an intra-agency agreement under paragraph (a)(3)(i)(B) of this section must address how the lead agency and the SEA will meet the requirements of paragraphs (b) through (f) of this section (including any policies adopted by the lead agency under §303.401(d) and (e)), §303.344(h), and 34 CFR 300.101(b), 300.124, 300.321(f), and 300.323(b).
(4) Any policy the lead agency has adopted under §303.401(d) and (e).

(b) Notification to the SEA and appropriate LEA. 
(1) The State lead agency must ensure that—
(i) Subject to paragraph (b)(2) of this section, not fewer than 90 days before the third birthday of the toddler with a disability if that toddler may be eligible for preschool services under part B of the Act, the lead agency notifies the SEA and the LEA for the area in which the toddler resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law;
(ii) Subject to paragraph (b)(2) of this section, if the lead agency determines that the toddler is eligible for early intervention services under part C of the Act more than 45 but less than 90 days before that toddler's third birthday and if that toddler may be eligible for preschool services under part B of the Act, the lead agency, as soon as possible after determining the child's eligibility, notifies the SEA and the LEA for the area in which the toddler with a disability resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law; or
(iii) Subject to paragraph (b)(2) of this section, if a toddler is referred to the lead agency fewer than 45 days before that toddler's third birthday and that toddler may be eligible for preschool services under part B of the Act, the lead agency, with parental consent required under §303.414, refers the toddler to the SEA and the LEA for the area in which the toddler resides; but, the lead agency is not required to conduct an evaluation, assessment, or an initial IFSP meeting under these circumstances.
(2) The State must ensure that the notification required under paragraphs (b)(1)(i) and (b)(1)(ii) of this section is consistent with any policy that the State has adopted, under §303.401(e), permitting a parent to object to disclosure of personally identifiable information.

(c) Conference to discuss services. The State lead agency must ensure that—
(1) If a toddler with a disability may be eligible for preschool services under part B of the Act, the lead agency, with the approval of the family of the toddler, convenes a conference, among the lead agency, the family, and the LEA not fewer than 90 days—and, at the discretion of all parties, not more than 9 months—before the toddler's third birthday to discuss any services the toddler may receive under part B of the Act; and.
(2) If the lead agency determines that a toddler with a disability is not potentially eligible for preschool services under part B of the Act, the lead agency, with the approval of the family of that toddler, makes reasonable efforts to convene a conference among the lead agency, the family, and providers of other appropriate services for the toddler to discuss appropriate services that the toddler may receive.

(d) Transition plan. The State lead agency must ensure that for all toddlers with disabilities—
(1) (i) It reviews the program options for the toddler with a disability for the period from the toddler's third birthday through the remainder of the school year; and
(ii) Each family of a toddler with a disability who is served under this part is included in the development of the transition plan required under this section and §303.344(h);
(2) It establishes a transition plan in the IFSP not fewer than 90 days—and, at the discretion of all parties, not more than 9 months—before the toddler's third birthday; and
(3) The transition plan in the IFSP includes, consistent with §303.344(h), as appropriate—
(i) Steps for the toddler with a disability and his or her family to exit from the part C program; and
(ii) Any transition services that the IFSP Team identifies as needed by that toddler and his or her family.

(e) Transition conference and meeting to develop transition plan. Any conference conducted under paragraph (c) of this section or meeting to develop the transition plan under paragraph (d) of this section (which conference and meeting may be combined into one meeting) must meet the requirements in §§303.342(d) and (e) and 303.343(a).

(f) Applicability of transition requirements. 
(1) The transition requirements in paragraphs (b)(1)(i) and (b)(1)(ii), (c)(1), and (d) of this section apply to all toddlers with disabilities receiving services under this part before those toddlers turn age three, including any toddler with a disability under the age of three who is served by a State that offers services under §303.211.
(2) In a State that offers services under §303.211, for toddlers with disabilities identified in §303.209(b)(1)(i), the parent must be provided at the transition conference conducted under paragraph (c)(1) of this section:
(i) An explanation, consistent with §303.211(b)(1)(ii), of the toddler's options to continue to receive early intervention services under this part or preschool services under section 619 of the Act.
(ii) The initial annual notice referenced in §303.211(b)(1).
(3) For children with disabilities age three and older who receive services pursuant to §303.211, the State must ensure that it satisfies the separate transition requirements in §303.211(b)(6)(ii).


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(h) Transition from Part C services. 
(1) The IFSP must include the steps and services to be taken to support the smooth transition of the child, in accordance with §§303.209 and 303.211(b)(6), from part C services to— 
(i) Preschool services under part B of the Act, to the extent that those services are appropriate; 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

(a) Application requirements. Each State must include the following in its application:
(1) A description of the policies and procedures it will use to ensure a smooth transition for infants and toddlers with disabilities under the age of three and their families from receiving early intervention services under this part to—
(i) Preschool or other appropriate services (for toddlers with disabilities); or
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(h) Transition from Part C services. 
(1) The IFSP must include the steps and services to be taken to support the smooth transition of the child, in accordance with §§303.209 and 303.211(b)(6), from part C services to— 
. . . 
(iii) Other appropriate services. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

(a) Application requirements. Each State must include the following in its application:
(1) A description of the policies and procedures it will use to ensure a smooth transition for infants and toddlers with disabilities under the age of three and their families from receiving early intervention services under this part to—
. . . 
(ii) Exiting the program for infants and toddlers with disabilities.
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(e) Other services. To the extent appropriate, the IFSP also must— 
(1) Identify medical and other services that the child or family needs or is receiving through other sources, but that are neither required nor funded under this part; and 
(2) If those services are not currently being provided, include a description of the steps the service coordinator or family may take to assist the child and family in securing those other services. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(e) Other services. To the extent appropriate, the IFSP also must— 
(1) Identify medical and other services that the child or family needs or is receiving through other sources, but that are neither required nor funded under this part; and 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(e) Other services. To the extent appropriate, the IFSP also must— 
. . . 
(2) If those services are not currently being provided, include a description of the steps the service coordinator or family may take to assist the child and family in securing those other services. 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.34   Service coordination services (case management).

(a) General. 
(1) As used in this part, service coordination services mean services provided by a service coordinator to assist and enable an infant or toddler with a disability and the child's family to receive the services and rights, including procedural safeguards, required under this part.
(2) Each infant or toddler with a disability and the child's family must be provided with one service coordinator who is responsible for—
(i) Coordinating all services required under this part across agency lines; and
(ii) Serving as the single point of contact for carrying out the activities described in paragraphs (a)(3) and (b) of this section.
(3) Service coordination is an active, ongoing process that involves—
(i) Assisting parents of infants and toddlers with disabilities in gaining access to, and coordinating the provision of, the early intervention services required under this part; and
(ii) Coordinating the other services identified in the IFSP under §303.344(e) that are needed by, or are being provided to, the infant or toddler with a disability and that child's family.

(b) Specific service coordination services. Service coordination services include—
(1) Assisting parents of infants and toddlers with disabilities in obtaining access to needed early intervention services and other services identified in the IFSP, including making referrals to providers for needed services and scheduling appointments for infants and toddlers with disabilities and their families;
(2) Coordinating the provision of early intervention services and other services (such as educational, social, and medical services that are not provided for diagnostic or evaluative purposes) that the child needs or is being provided;
(3) Coordinating evaluations and assessments;
(4) Facilitating and participating in the development, review, and evaluation of IFSPs;
(5) Conducting referral and other activities to assist families in identifying available EIS providers;
(6) Coordinating, facilitating, and monitoring the delivery of services required under this part to ensure that the services are provided in a timely manner;
(7) Conducting follow-up activities to determine that appropriate part C services are being provided;
(8) Informing families of their rights and procedural safeguards, as set forth in subpart E of this part and related resources;
(9) Coordinating the funding sources for services required under this part; and
(10) Facilitating the development of a transition plan to preschool, school, or, if appropriate, to other services.

(c) Use of the term service coordination or service coordination services. The lead agency's or an EIS provider's use of the term service coordination or service coordination services does not preclude characterization of the services as case management or any other service that is covered by another payor of last resort (including Title XIX of the Social Security Act—Medicaid), for purposes of claims in compliance with the requirements of §§303.501 through 303.521 (Payor of last resort provisions).


Last Amended:  76 FR 60251, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
. . .  
(ii)
. . .  
(B) The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be— 
(1) Made by the IFSP Team (which includes the parent and other team members); 
(2) Consistent with the provisions in §§303.13(a)(8), 303.26, and 303.126; and 
(3) Based on the child's outcomes that are identified by the IFSP Team in paragraph (c) of this section; 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
. . .  
(ii)
. . . 
(B) The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be— 
(1) Made by the IFSP Team (which includes the parent and other team members); 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
. . . 
(ii)
. . . 
(B) The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be— 
. . . 
(2) Consistent with the provisions in §§303.13(a)(8), 303.26, and 303.126; and 
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.13   Early intervention services.

(a) General. Early intervention services means developmental services that—
. . . 
(8) To the maximum extent appropriate, are provided in natural environments, as defined in §303.26 and consistent with §§303.126 and 303.344(d); and
. . . 


Last Amended:  76 FR 60247, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.26   Natural environments.

Natural environments means settings that are natural or typical for a same-aged infant or toddler without a disability, may include the home or community settings, and must be consistent with the provisions of §303.126.


Last Amended:  76 FR 60250, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.126   Early intervention services in natural environments.

Each system must include policies and procedures to ensure, consistent with §§303.13(a)(8) (early intervention services), 303.26 (natural environments), and 303.344(d)(1)(ii) (content of an IFSP), that early intervention services for infants and toddlers with disabilities are provided—
(a) To the maximum extent appropriate, in natural environments; and
(b) In settings other than the natural environment that are most appropriate, as determined by the parent and the IFSP Team, only when early intervention services cannot be achieved satisfactorily in a natural environment.


Last Amended:  76 FR 60254, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

. . . 
(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
. . .  
(ii)
. . . 
(B) The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be— 
. . . 
(3) Based on the child's outcomes that are identified by the IFSP Team in paragraph (c) of this section; 
. . .  


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.344   Content of an IFSP.

(a) Information about the child's status. The IFSP must include a statement of the infant or toddler with a disability's present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development based on the information from that child's evaluation and assessments conducted under §303.321.

(b) Family information. With the concurrence of the family, the IFSP must include a statement of the family's resources, priorities, and concerns related to enhancing the development of the child as identified through the assessment of the family under §303.321(c)(2).

(c) Results or outcomes. The IFSP must include a statement of the measurable results or measurable outcomes expected to be achieved for the child (including pre-literacy and language skills, as developmentally appropriate for the child) and family, and the criteria, procedures, and timelines used to determine—
(1) The degree to which progress toward achieving the results or outcomes identified in the IFSP is being made; and
(2) Whether modifications or revisions of the expected results or outcomes, or early intervention services identified in the IFSP are necessary.

(d) Early intervention services. 
(1) The IFSP must include a statement of the specific early intervention services, based on peer-reviewed research (to the extent practicable), that are necessary to meet the unique needs of the child and the family to achieve the results or outcomes identified in paragraph (c) of this section, including—
(i) The length, duration, frequency, intensity, and method of delivering the early intervention services;
(ii)
(A) A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, consistent with §§303.13(a)(8), 303.26 and 303.126, or, subject to paragraph (d)(1)(ii)(B) of this section, a justification as to why an early intervention service will not be provided in the natural environment.
(B) The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability and service, must be—
(1) Made by the IFSP Team (which includes the parent and other team members);
(2) Consistent with the provisions in §§303.13(a)(8), 303.26, and 303.126; and
(3) Based on the child's outcomes that are identified by the IFSP Team in paragraph (c) of this section;
(iii) The location of the early intervention services; and
(iv) The payment arrangements, if any.
(2) As used in paragraph (d)(1)(i) of this section—
(i) Frequency and intensity mean the number of days or sessions that a service will be provided, and whether the service is provided on an individual or group basis;
(ii) Method means how a service is provided;
(iii) Length means the length of time the service is provided during each session of that service (such as an hour or other specified time period); and
(iv) Duration means projecting when a given service will no longer be provided (such as when the child is expected to achieve the results or outcomes in his or her IFSP).
(3) As used in paragraph (d)(1)(iii) of this section, location means the actual place or places where a service will be provided.
(4) For children who are at least three years of age, the IFSP must include an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills.

(e) Other services. To the extent appropriate, the IFSP also must—
(1) Identify medical and other services that the child or family needs or is receiving through other sources, but that are neither required nor funded under this part; and
(2) If those services are not currently being provided, include a description of the steps the service coordinator or family may take to assist the child and family in securing those other services.

(f) Dates and duration of services. The IFSP must include—
(1) The projected date for the initiation of each early intervention service in paragraph (d)(1) of this section, which date must be as soon as possible after the parent consents to the service, as required in §§303.342(e) and 303.420(a)(3); and
(2) The anticipated duration of each service.

(g) Service coordinator. 
(1) The IFSP must include the name of the service coordinator from the profession most relevant to the child's or family's needs (or who is otherwise qualified to carry out all applicable responsibilities under this part), who will be responsible for implementing the early intervention services identified in a child's IFSP, including transition services, and coordination with other agencies and persons.
(2) In meeting the requirements in paragraph (g)(1) of this section, the term “profession” includes “service coordination.”

(h) Transition from Part C services. 
(1) The IFSP must include the steps and services to be taken to support the smooth transition of the child, in accordance with §§303.209 and 303.211(b)(6), from part C services to—
(i) Preschool services under part B of the Act, to the extent that those services are appropriate;
(ii) Part C services under §303.211; or
(iii) Other appropriate services.
(2) The steps required in paragraph (h)(1) of this section must include—
(i) Discussions with, and training of, parents, as appropriate, regarding future placements and other matters related to the child's transition;
(ii) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting;
(iii) Confirmation that child find information about the child has been transmitted to the LEA or other relevant agency, in accordance with §303.209(b) (and any policy adopted by the State under §303.401(e)) and, with parental consent if required under §303.414, transmission of additional information needed by the LEA to ensure continuity of services from the part C program to the part B program, including a copy of the most recent evaluation and assessments of the child and the family and most recent IFSP developed in accordance with §§303.340 through 303.345; and
(iv) Identification of transition services and other activities that the IFSP Team determines are necessary to support the transition of the child.


Last Amended:  76 FR 60264, Sept. 28, 2011  
Entered:  Dec. 19, 2013

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(d) The appropriate instructional arrangement for students from birth through the age of two with visual impairments or who are deaf or hard of hearing shall be determined in accordance with the IFSP, current attendance guidelines, and the agreement memorandum between the Texas Education Agency (TEA) and Texas Health and Human Services Commission Early Childhood Intervention Services.
. . .

Last Amended:  October 5, 2021, 46 TexRg 6533
Entered:  November 5, 2021.

Texas Government Code § 392.002.  Use of Person First Respectful Language Required. 

(a)  The legislature and the Texas Legislative Council are directed to avoid using the following terms and phrases in any new statute or resolution and to change those terms and phrases used in any existing statute or resolution as sections including those terms and phrases are otherwise amended by law:
(1)  disabled;
(2)  developmentally disabled;
(3)  mentally disabled;
(4)  mentally ill;
(5)  mentally retarded;
(6)  handicapped;
(7)  cripple; and
(8)  crippled.

(b)  In enacting or revising statutes or resolutions, the legislature and the Texas Legislative Council are directed to replace, as appropriate, terms and phrases listed by Subsection (a) with the following preferred phrases or appropriate variations of those phrases:
(1)  "persons with disabilities";
(2)  "persons with developmental disabilities";
(3)  "persons with mental illness"; and
(4)  "persons with intellectual disabilities."

(b-1)  In addition to the terms and phrases listed in Subsection (a), the legislature and the Texas Legislative Council are directed to avoid using in any new statute or resolution "hearing impaired," "auditory impairment," and "speech impaired" in reference to a deaf or hard of hearing person, and the legislature and the Texas Legislative Council are directed to replace, when enacting or revising a statute or resolution, those phrases with "deaf" or "hard of hearing," as appropriate.

(c)  A statute or resolution is not invalid solely because it does not employ this section's preferred phrases.  
                                                          

Last Amended: 86th Leg., R.S., Ch. 233, Sec. 1, eff. September 1, 2019
Entered:  Sept. 10, 2019

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(2) Homebound. This instructional arrangement/setting is for providing special education and related services to students who are served at home or
hospital bedside.
. . .
(B) Home instruction may also be used for services to infants and toddlers (birth through age 2) and young children (ages 3-5) when determined
appropriate by the child's individualized family services plan (IFSP) committee or ARD committee. This arrangement/setting also applies to school districts
described in Texas Education Code, §29.014.
. . .

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

34 Code of Federal Regulations § 300.124  Transition of children from the Part C program to preschool programs.  

The State must have in effect policies and procedures to ensure that—  

(a) Children participating in early intervention programs assisted under Part C of the Act, and who will participate in preschool programs assisted under Part B of the Act, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(9) of the Act;  
. . . 


Last Amended:  71 FR 46766, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(b) Notification to the SEA and appropriate LEA. 
(1) The State lead agency must ensure that—
(i) Subject to paragraph (b)(2) of this section, not fewer than 90 days before the third birthday of the toddler with a disability if that toddler may be eligible for preschool services under part B of the Act, the lead agency notifies the SEA and the LEA for the area in which the toddler resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law;
(ii) Subject to paragraph (b)(2) of this section, if the lead agency determines that the toddler is eligible for early intervention services under part C of the Act more than 45 but less than 90 days before that toddler's third birthday and if that toddler may be eligible for preschool services under part B of the Act, the lead agency, as soon as possible after determining the child's eligibility, notifies the SEA and the LEA for the area in which the toddler with a disability resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law; or
(iii) Subject to paragraph (b)(2) of this section, if a toddler is referred to the lead agency fewer than 45 days before that toddler's third birthday and that toddler may be eligible for preschool services under part B of the Act, the lead agency, with parental consent required under §303.414, refers the toddler to the SEA and the LEA for the area in which the toddler resides; but, the lead agency is not required to conduct an evaluation, assessment, or an initial IFSP meeting under these circumstances.
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(b) Notification to the SEA and appropriate LEA. 
(1) The State lead agency must ensure that—
(i) Subject to paragraph (b)(2) of this section, not fewer than 90 days before the third birthday of the toddler with a disability if that toddler may be eligible for preschool services under part B of the Act, the lead agency notifies the SEA and the LEA for the area in which the toddler resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law;
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(b) Notification to the SEA and appropriate LEA. 
(1) The State lead agency must ensure that—
. . . 
(ii) Subject to paragraph (b)(2) of this section, if the lead agency determines that the toddler is eligible for early intervention services under part C of the Act more than 45 but less than 90 days before that toddler's third birthday and if that toddler may be eligible for preschool services under part B of the Act, the lead agency, as soon as possible after determining the child's eligibility, notifies the SEA and the LEA for the area in which the toddler with a disability resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law; or
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(b) Notification to the SEA and appropriate LEA. 
(1) The State lead agency must ensure that—
. . . 
(iii) Subject to paragraph (b)(2) of this section, if a toddler is referred to the lead agency fewer than 45 days before that toddler's third birthday and that toddler may be eligible for preschool services under part B of the Act, the lead agency, with parental consent required under §303.414, refers the toddler to the SEA and the LEA for the area in which the toddler resides; but, the lead agency is not required to conduct an evaluation, assessment, or an initial IFSP meeting under these circumstances.
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.414   Consent prior to disclosure or use.

(a) Except as provided in paragraph (b) of this section, prior parental consent must be obtained before personally identifiable information is—
(1) Disclosed to anyone other than authorized representatives, officials, or employees of participating agencies collecting, maintaining, or using the information under this part, subject to paragraph (b) of this section; or
(2) Used for any purpose other than meeting a requirement of this part.

(b) A lead agency or other participating agency may not disclose personally identifiable information, as defined in §303.29, to any party except participating agencies (including the lead agency and EIS providers) that are part of the State's part C system without parental consent unless authorized to do so under—
(1) Sections 303.401(d), 303.209(b)(1)(i) and (b)(1)(ii), and 303.211(b)(6)(ii)(A); or
(2) One of the exceptions enumerated in 34 CFR 99.31 (where applicable to part C), which are expressly adopted to apply to part C through this reference. In applying the exceptions in 34 CFR 99.31 to this part, participating agencies must also comply with the pertinent conditions in 34 CFR 99.32, 99.33, 99.34, 99.35, 99.36, 99.38, and 99.39; in applying these provisions in 34 CFR part 99 to part C, the reference to—
(i) 34 CFR 99.30 means §303.414(a);
(ii) “Education records” means early intervention records under §303.403(b);
(iii) “Educational” means early intervention under this part;
(iv) “Educational agency or institution” means the participating agency under §303.404(c);
(v) “School officials and officials of another school or school system” means qualified personnel or service coordinators under this part;
(vi) “State and local educational authorities” means the lead agency under §303.22; and
(vii) “Student” means child under this part.

(c) The lead agency must provide policies and procedures to be used when a parent refuses to provide consent under this section (such as a meeting to explain to parents how their failure to consent affects the ability of their child to receive services under this part), provided that those procedures do not override a parent's right to refuse consent under §303.420.


Last Amended:  76 FR 60267, Sept. 28, 2011   
Entered:  Jan. 6, 2014

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(b) Notification to the SEA and appropriate LEA. 
. . . 
(2) The State must ensure that the notification required under paragraphs (b)(1)(i) and (b)(1)(ii) of this section is consistent with any policy that the State has adopted, under §303.401(e), permitting a parent to object to disclosure of personally identifiable information.
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(b) Notification to the SEA and appropriate LEA. 
(1) The State lead agency must ensure that—
(i) Subject to paragraph (b)(2) of this section, not fewer than 90 days before the third birthday of the toddler with a disability if that toddler may be eligible for preschool services under part B of the Act, the lead agency notifies the SEA and the LEA for the area in which the toddler resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law;
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(b) Notification to the SEA and appropriate LEA. 
(1) The State lead agency must ensure that—
. . . 
(ii) Subject to paragraph (b)(2) of this section, if the lead agency determines that the toddler is eligible for early intervention services under part C of the Act more than 45 but less than 90 days before that toddler's third birthday and if that toddler may be eligible for preschool services under part B of the Act, the lead agency, as soon as possible after determining the child's eligibility, notifies the SEA and the LEA for the area in which the toddler with a disability resides that the toddler on his or her third birthday will reach the age of eligibility for services under part B of the Act, as determined in accordance with State law; or
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.401   Confidentiality and opportunity to examine records.

. . . 
(e) Option to inform a parent about intended disclosure. 
(1) A lead agency, through its policies and procedures, may require EIS providers, prior to making the limited disclosure described in paragraph (d)(1) of this section, to inform parents of a toddler with a disability of the intended disclosure and allow the parents a specified time period to object to the disclosure in writing.
(2) If a parent (in a State that has adopted the policy described in paragraph (e)(1) of this section) objects during the time period provided by the State, the lead agency and EIS provider are not permitted to make such a disclosure under paragraph (d) of this section and §303.209(b)(1)(i) and (b)(1)(ii).


Last Amended:  76 FR 60266, Sept. 28, 2011   
Entered:  Jan. 6, 2014

34 Code of Federal Regulations § 303.401   Confidentiality and opportunity to examine records.

. . . 
(d) Disclosure of information. 
(1) Subject to paragraph (e) of this section, the lead agency must disclose to the SEA and the LEA where the child resides, in accordance with §303.209(b)(1)(i) and (b)(1)(ii), the following personally identifiable information under the Act:
(i) A child's name.
(ii) A child's date of birth.
(iii) Parent contact information (including parents' names, addresses, and telephone numbers).
(2) The information described in paragraph (d)(1) of this section is needed to enable the lead agency, as well as LEAs and SEAs under part B of the Act, to identify all children potentially eligible for services under §303.211 and part B of the Act.
. . . 


Last Amended:  76 FR 60266, Sept. 28, 2011   
Entered:  Jan. 6, 2014

34 Code of Federal Regulations § 303.401   Confidentiality and opportunity to examine records.

. . . 
(d) Disclosure of information. 
(1) Subject to paragraph (e) of this section, the lead agency must disclose to the SEA and the LEA where the child resides, in accordance with §303.209(b)(1)(i) and (b)(1)(ii), the following personally identifiable information under the Act:
(i) A child's name.
. . . 


Last Amended:  76 FR 60266, Sept. 28, 2011   
Entered:  Jan. 6, 2014

34 Code of Federal Regulations § 303.401   Confidentiality and opportunity to examine records.

. . . 
(d) Disclosure of information. 
(1) Subject to paragraph (e) of this section, the lead agency must disclose to the SEA and the LEA where the child resides, in accordance with §303.209(b)(1)(i) and (b)(1)(ii), the following personally identifiable information under the Act:
. . . 
(ii) A child's date of birth.
. . . 


Last Amended:  76 FR 60266, Sept. 28, 2011   
Entered:  Jan. 6, 2014

34 Code of Federal Regulations § 303.401   Confidentiality and opportunity to examine records.

. . . 
(d) Disclosure of information. 
(1) Subject to paragraph (e) of this section, the lead agency must disclose to the SEA and the LEA where the child resides, in accordance with §303.209(b)(1)(i) and (b)(1)(ii), the following personally identifiable information under the Act:
. . . 
(iii) Parent contact information (including parents' names, addresses, and telephone numbers).
. . . 

Last Amended:  76 FR 60266, Sept. 28, 2011   
Entered:  Jan. 6, 2014

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(c) Conference to discuss services. The State lead agency must ensure that—
(1) If a toddler with a disability may be eligible for preschool services under part B of the Act, the lead agency, with the approval of the family of the toddler, convenes a conference, among the lead agency, the family, and the LEA not fewer than 90 days—and, at the discretion of all parties, not more than 9 months—before the toddler's third birthday to discuss any services the toddler may receive under part B of the Act; and.
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 300.124  Transition of children from the Part C program to preschool programs.  

The State must have in effect policies and procedures to ensure that—  
. . . 
(c) Each affected LEA will participate in transition planning conferences arranged by the designated lead agency under section 635(a)(10) of the Act.


Last Amended:  71 FR 46766, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(e) Transition conference and meeting to develop transition plan. Any conference conducted under paragraph (c) of this section or meeting to develop the transition plan under paragraph (d) of this section (which conference and meeting may be combined into one meeting) must meet the requirements in §§303.342(d) and (e) and 303.343(a).
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(c) Conference to discuss services. The State lead agency must ensure that—
(1) If a toddler with a disability may be eligible for preschool services under part B of the Act, the lead agency, with the approval of the family of the toddler, convenes a conference, among the lead agency, the family, and the LEA not fewer than 90 days—and, at the discretion of all parties, not more than 9 months—before the toddler's third birthday to discuss any services the toddler may receive under part B of the Act; and.
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.209   Transition to preschool and other programs.

. . . 
(d) Transition plan. The State lead agency must ensure that for all toddlers with disabilities—
(1) (i) It reviews the program options for the toddler with a disability for the period from the toddler's third birthday through the remainder of the school year; and
(ii) Each family of a toddler with a disability who is served under this part is included in the development of the transition plan required under this section and §303.344(h);
(2) It establishes a transition plan in the IFSP not fewer than 90 days—and, at the discretion of all parties, not more than 9 months—before the toddler's third birthday; and
(3) The transition plan in the IFSP includes, consistent with §303.344(h), as appropriate—
(i) Steps for the toddler with a disability and his or her family to exit from the part C program; and
(ii) Any transition services that the IFSP Team identifies as needed by that toddler and his or her family.
. . . 


Last Amended:  76 FR 60256, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.342   Procedures for IFSP development, review, and evaluation.

. . . 
(d) Accessibility and convenience of meetings. 
(1) IFSP meetings must be conducted—
(i) In settings and at times that are convenient for the family; and
(ii) In the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so.
(2) Meeting arrangements must be made with, and written notice provided to, the family and other participants early enough before the meeting date to ensure that they will be able to attend.
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.342   Procedures for IFSP development, review, and evaluation.

. . . 
(e) Parental consent. The contents of the IFSP must be fully explained to the parents and informed written consent, as described in §303.7, must be obtained, as required in §303.420(a)(3), prior to the provision of early intervention services described in the IFSP. Each early intervention service must be provided as soon as possible after the parent provides consent for that service, as required in §303.344(f)(1).


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Dec. 19, 2013

34 Code of Federal Regulations § 303.343   IFSP Team meeting and periodic review.

(a) Initial and annual IFSP Team meeting. 
(1) Each initial meeting and each annual IFSP Team meeting to evaluate the IFSP must include the following participants:
(i) The parent or parents of the child.
(ii) Other family members, as requested by the parent, if feasible to do so.
(iii) An advocate or person outside of the family, if the parent requests that the person participate.
(iv) The service coordinator designated by the public agency to be responsible for implementing the IFSP.
(v) A person or persons directly involved in conducting the evaluations and assessments in §303.321.
(vi) As appropriate, persons who will be providing early intervention services under this part to the child or family.
(2) If a person listed in paragraph (a)(1)(v) of this section is unable to attend a meeting, arrangements must be made for the person's involvement through other means, including one of the following:
(i) Participating in a telephone conference call.
(ii) Having a knowledgeable authorized representative attend the meeting.
(iii) Making pertinent records available at the meeting.
. . . 


Last Amended:  76 FR 60264, Sept. 28, 2011   
Entered:  Jan. 6, 2014

34 Code of Federal Regulations § 300.321  IEP Team. 

. . .   
(f) Initial IEP Team meeting for child under Part C. In the case of a child who was previously served under Part C of the Act, an invitation to the initial IEP Team meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services. 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.124  Transition of children from the Part C program to preschool programs.  

The State must have in effect policies and procedures to ensure that—  
. . . 
(b) By the third birthday of a child described in paragraph (a) of this section, an IEP or, if consistent with §300.323(b) and section 636(d) of the Act, an IFSP, has been developed and is being implemented for the child consistent with §300.101(b); and  
. . . 


Last Amended:  71 FR 46766, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.101  Free appropriate public education (FAPE).    

. . . 

(b) FAPE for children beginning at age 3.

(1) Each State must ensure that—   

(i) The obligation to make FAPE available to each eligible child residing in the State begins no later than the child’s third birthday; and   

. . . 

Last Amended:  71 FR 46762, Aug. 14, 2006

Entered:  April 19, 2022

19 Texas Administrative Code § 89.1035. Age Ranges for Student Eligibility.

(a)  Pursuant to state and federal law, services provided in accordance with this subchapter must be available to all eligible students ages 3-21. Services will be made available to eligible students on their third birthday. Graduation with a regular high school diploma pursuant to §89.1070 (b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title (relating to Graduation Requirements) terminates a student's eligibility to receive services in accordance with this subchapter. An eligible student receiving special education services who is 21 years of age on September 1 of a school year will be eligible for services through the end of that school year or until graduation with a regular high school diploma pursuant to §89.1070 (b)(1), (b)(3)(D), (f)(1), (f)(2), (f)(3), or (f)(4)(D) of this title, whichever comes first. 
. . . 

Last Amended:  October 5, 2021, 46 TexReg 6533
Entered:  October 18, 2021

34 Code of Federal Regulations § 300.101  Free appropriate public education (FAPE).  

. . .

(b) FAPE for children beginning at age 3. 
   . . .

(2) If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP or IFSP will begin.  

. . .

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(2) Homebound. This instructional arrangement/setting is for providing special education and related services to students who are served at home or
hospital bedside.
. . .
(B) Home instruction may also be used for services to infants and toddlers (birth through age 2) and young children (ages 3-5) when determined
appropriate by the child's individualized family services plan (IFSP) committee or ARD committee. This arrangement/setting also applies to school districts
described in Texas Education Code, §29.014.
. . .

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1096. Provision of Services for Students Placed by their Parents in Private Schools or Facilities.
 
. . . 
(c)  Parents of an eligible student ages 3 or 4 shall have the right to "dual enroll" their student in both the public school and the private school beginning on the student's third birthday and continuing until the end of the school year in which the student turns five or until the student is eligible to attend a district's public school kindergarten program, whichever comes first, subject to paragraphs (1)-(3) of this subsection. The public school district where a student resides is responsible for providing special education and related services to a student whose parents choose dual enrollment. 
    (1)  The student's ARD committee shall develop an individualized education program (IEP) designed to provide the student with a FAPE in the least restrictive environment appropriate for the student. 
    (2)  From the IEP, the parent and the district shall determine which special education and/or related services will be provided to the student and the location where those services will be provided, based on the requirements concerning placement in the least restrictive environment set forth in 34 CFR, §§300.114-300.120, and the policies and procedures of the district. 
    (3)  For students served under the provisions of this subsection, the school district shall be responsible for the employment and supervision of the personnel providing the service, providing the needed instructional materials, and maintaining pupil accounting records. Materials and services provided shall be consistent with those provided for students enrolled only in the public school and shall remain the property of the school district.
. . . 


Last Amended: November 11, 2007, 32 TexReg 8129
Entered: Dec. 17, 2007

Key Elements of Early Transition (KEET): A Guide for Planning, Implementing, and Evaluating Smooth and Effective Transitions for Children and their Families from Local Early Childhood Intervention Programs to Local Preschool Programs for Children with Disabilities (TEA)

Early Transition Memorandum of Understanding (MOU) (TEA)

Early Childhood Intervention Services (Health & Human Services Commission [HHSC]-formerly known as Texas Department of Assistive and Rehabilitative Services [DARS])

2015 Educating Students with Visual Impairments in Texas: Guidelines and Standards  (TSBVI)

Transition from Part C to Preschool (ECTA Center)

OSEP Early Childhood Transition FAQs:  SPP/APR Indicators C-8 and B-12 (Final 12-01-09) (NECTAC)

The Importance and Outcomes of Early Intervention for Infants and Toddlers with Disabilities and their Families (Fact Sheet) (2011) (ECTAC)

OSERS Questions and Answers on Response to Intervention (RTI) and Early Intervening Services (EIS) (January 2007)