4.14 IFSP Team Meetings

III. GENERAL INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP) REQUIREMENTS

Legal Citations

(1) In the case of a child with a disability aged three through five (or, at the discretion of the SEA, a twoyear- 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 -

(i) Consistent with State policy; and

(ii) Agreed to by the agency and the child's parents.

(2) In implementing the requirements of (b)(1) of this section, the public agency must -

(i) Provide to the child's parents a detailed explanation of the differences between an IFSP and an IEP; and

(ii) If the parents choose an IFSP, obtain written informed consent from the parents. 34 C.F.R. § 300.323(b).

Each agency or person who has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child's IFSP. However, Part C of the Act does not require that any agency or person be held accountable if an eligible child does not achieve the growth projected in the child's IFSP. 34 C.F.R. § 303.346.

The [Interagency Early Intervention Committee] must develop and implement interagency policies and procedures concerning the following ongoing duties:

(4) assure the development of individualized family service plans for all eligible infants and toddlers with disabilities from birth through age two, and their families, and individual education plans and individual service plans when necessary to appropriately serve children with disabilities, age three and older, and their families and recommend assignment of financial responsibilities to the appropriate agencies;

(5) encourage agencies to develop individual family service plans for children with disabilities, age three and older. Minn. Stat. § 125A.30(b)(4)-(5).

4.14.01 Requirements for Meetings

Legal Citations

(1) IFSP meetings must be conducted -

(i) In settings and at times that are convenient to families; 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. 34 C.F.R. § 303.342(d)(1).

(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. 34 C.F.R. § 303.342(d)(2).

4.14.02 IFSP Team Members

Legal Citations

(1) Each initial meeting and each annual 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 who has been working with the family since the initial referral of the child for evaluation, or who has been designated by the public agency to be responsible for implementation of the IFSP;

(v) A person or persons directly involved in conducting the evaluations and assessments in § 303.322; and

(vi) As appropriate, persons who will be providing services 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 --

(i) Participating in a telephone conference call;

(ii) Having a knowledgeable authorized representative attend the meeting; or

(iii) Making pertinent records available at the meeting. 34 C.F.R. § 303.343(a).

4.14.03 Required Content of IFSP

Legal Citations

A. Present Level of Development

(1) The IFSP must include a statement of the child's present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development.

(2) This statement in paragraph (a)(1) of this section must be based on professionally acceptable objective criteria. 34 C.F.R. § 303.344(a).

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. 34 C.F.R. § 303.344(b).

The IFSP must include:

(2) family information, with the consent of the family. Minn. Stat. § 125A.32(b)(2).

C. Major Outcomes

The IFSP must include a statement of the major outcomes expected to be achieved for the child and family, and the criteria, procedures, and timelines used to determine -

(1) The degree to which progress toward achieving the outcomes being made; and

(2) Whether modifications or revisions of the outcomes or services are necessary. 34 C.F.R. § 303.344(c).

D. Early Intervention Services

(1) The IFSP must include a statement of the specific early intervention services necessary to meet the unique needs of the child and the family to achieve the outcomes identified in paragraph (c) of this section, including --

(i) The frequency, intensity, and method of delivering the services;

(ii) The natural environments, as described in § 303.12(b), and § 303.18 in which early intervention services will be provided, and a justification of the extent, if any, to which the services will not be provided in a natural environment;

(iii) The location of the services; and

(iv) The payment arrangements, if any. 34 C.F.R. § 303.344(d)(1)

Frequency and intensity mean the number of days or sessions that a service will be provided, the length of time the service is provided during each session, and whether the service is provided on an individual or group basis; 34 C.F.R. § 303.344(d)(2)(i).

E. Environmental Statement

The IFSP must include a statement of the specific early intervention services necessary to meet the unique needs of the child and the family to achieve the outcomes identified in paragraph (c) of this section, including -

To the maximum extent appropriate to the needs of the child, early intervention services must be provided in natural environments, including the home and community settings in which children without disabilities participate. 34 C.F.R. § 303.12(b).

Preference shall be given to providing special instruction and services to children under age three and their families in the residence of the child with the parent or primary caregiver, or both, present. Minn. Stat. § 125A.05(b).

F. Starting Date and Duration of Services

The IFSP must include -

(1) The projected dates for initiation of the services in paragraph (d)(1) of this section as soon as possible after the IFSP meeting described in § 303.342, and

(2) The anticipated duration of those services. 34 C.F.R. § 303.344 (f).

G. Service Coordinator

(1) The IFSP must include the name of the service coordinator from the profession most immediately 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 the implementation of the IFSP and coordination with other agencies and persons.

(2) In meeting the requirements in paragraph 1, above, the public agency may -

(i) Assign the same service coordinator who was appointed at the time that the child was initially referred for evaluation to be responsible for implementing a child's and family's IFSP; or

(ii) Appoint a new service coordinator.

(3) As used in paragraph (g)(1) of this section, the term profession includes "service coordination." 34 C.F.R. § 303.344(g).

The team developing the IFSP under Minn. Stat. § 125A.32, must select a service coordinator to carry out service coordination activities on an interagency basis. Service coordination must actively promote a family's capacity and competency to identify, obtain, coordinate, monitor, and evaluate resources and services to meet the family's needs. Service coordination activities include:

1. coordinating the performance of evaluations and assessments;

2. facilitating and participating in the development, review, and evaluation of individualized family service plans;

3. assisting families in identifying available service providers;

4. coordinating and monitoring the delivery of available services;

5. informing families of the availability of advocacy services;

6. coordinating with medical, health, and other service providers;

7. facilitating the development of a transition plan at least 90 [calendar] days before the time the child is no longer eligible for early intervention services, if appropriate;

8. managing the early intervention record and submitting additional information to the local primary agency at the time of periodic review and annual evaluations; and

9. notifying a local primary agency when disputes between agencies impact service delivery required by an IFSP. Minn. Stat. § 125A.33(a).

A service coordinator must be knowledgeable about children and families receiving services under Minn. Stat. § 125A.33, requirements of state and federal law, and services available in the interagency early childhood intervention system. Minn. Stat. § 125A.33(b).

H. Transition to Preschool Services

The IFSP must include the steps to be taken to support the transition of the child to

(i) Preschool services under Part B of the Act to the extent that those services are appropriate; or

(ii) Other services that may be available, if appropriate. 34 C.F.R. § 303.344(h)(1).

The steps required in paragraph (h)(1) of this section include -

(i) Discussions with, and training of, parents 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; and

(iii) With parental consent, the transmission of information about the child to the LEA, to ensure continuity of services, including evaluation and assessment information required in § 303.322, and copies of IFSPs that have been developed and implemented in accordance with §§ 303.340 through 303.346. 34 C.F.R. § 303.344(h)(2).

1. Transition Conference for Child Eligible for Preschool Services

In the case of a child who may be eligible for preschool services under Part B of the Act, with the approval of the family of the child, convene a conference among the lead agency, the family, and the local educational agency at least 90 days, and at the discretion of the parties, up to six months, before the child is eligible for the preschool services, to discuss any services that the child may receive. 34 C.F.R. § 303.148(b)(2)(i).

2. Transition Conference for Child Not Eligible for Preschool Services

In the case of a child who may not be eligible for preschool services under Part B of the Act, with the approval of the family, make reasonable efforts to convene a conference among the lead agency, the family, and providers of other appropriate services for children who are not eligible for preschool services under Part B, to discuss the appropriate services that the child may receive. 34 C.F.R. § 303.148(b)(2)(ii).

I. Other Services

(1) To the extent appropriate, the IFSP must include -

(i) Medical and other services that the child needs, but that are not required under this part; and

(ii) The funding sources to be used in paying for those services or the steps that will be taken to secure those services through public or private sources.

(2) The requirement in paragraph (e)(1) of this section does not apply to routine medical services (e.g., immunizations and "well-baby" care), unless a child needs those services and the services are not otherwise available or being provided. 34 C.F.R. § 303.344(e).

The IFSP must include:

(6) medical and other services that the child needs, but that are not required under IDEA at 20 U.S.C. § 1471 et seq. (Part C, Public Law 102-119) including funding sources to be used in paying for those services and the steps that will be taken to secure those services through public or private sources. Minn. Stat. § 125A.32(b)(6).

J. Payment Arrangements

The IFSP must include:

(5) payment arrangements, if any. Minn. Stat. § 125A.32(b)(5).

K. Signatures

The IFSP must include:

(10) signature of the parent and authorized signatures of the agencies responsible for providing, paying for, or facilitating payment, or any combination of these for early intervention services. Minn. Stat. § 125A.32(b)(10).