Early Childhood
Early Intervention 0-2 & Special Education 3-5

1.  Do accommodations need to be listed on IEPs for 3-5 year olds? 

Yes.  The IEP must reflect what the child needs to receive FAPE and make progress toward annual goals.  Breaks, variations in activities, use of manipulatives, use of visuals, preferential seating near peer models, visual sequences, offering choices, etc. are all accommodations that are frequently used by providers/teachers, but not discussed with the full team and/or documented as such within the IEP. Please add a statement in the accommodations box on the IEP highlighting what the team discussed.

Click HERE for NDE's Accommodations Guidelines Guidance Document. 

1.  What are the privacy and confidentiality requirements for young children with disabilities? 

Click HERE for more information.

1. What are the DEC (Division for Early Childhood) Recommended Practices?

The DEC has identified recommended practices shown to encourage positive outcomes of young children at risk for delays and/or who have identified disabilities.  Click HERE for access to the DEC Recommended Practices.

1.  Does a child who is 3 qualify for ESY services under Part C or Part B?

The school year for infants and toddlers is defined as September 1-August 31.  A child remains eligible for Part C services through August 31 of the year in which they turn 3.  However, parents have the right to choose to transition to Part B when their child turns 3.  If the parents choose to transition to Part B, the IEP team would then determine if the child is in need of ESY services.  

Click HERE for NDE's ESY Guidance Document.

1.  How many people need to participate in early childhood evaluations? MDT meetings? 

Only one discipline/provider is needed for birth through age two evaluations.  However, the parent and individuals representing two or more separate disciplines pursuant to 92 NAC 52-003.20 and 92 NAC 52-003.16B are required members of the MDT (Rule 52-006.09A1d).  This means that two providers of separate disciplines should be in attendance and sign the MDT.  It is best practice to include a LEA.  A LEA representative can participate in this meeting either in person of via phone/technology.   Providers should have ongoing contact with LEA representatives regarding the district's expectations for meeting participation.

MDTs for children 3-5 can be conducted with 1 provider unless additional support is needed in order to make an eligibility decision.  It is best practice to include a LEA.  A LEA representative can participate in this meeting either in person of via phone/technology.   Providers should have ongoing contact with LEA representatives regarding the district's expectations for meeting participation.  Rule 51 states the following in regard to children attending nonpublic schools: "for children attending nonpublic schools, an administrator of the nonpublic school or a designated representative of the nonpublic school shall be a member of the MDT" (006.03B).  

3. Where do I include a MDT supplemental report?

The MDT supplemental report is only needed for Part B 3-5 cases.  The report should be attached to the MDT on SRS as a supplemental form. See Google Templates for additional guidance. 

4.  What should be included in the "Basis for Making the Determination" portion of the MDT?

This portion of the MDT should include that the child does/does not qualify for early intervention services for 0-2 MDTs and special education services for 3-5 MDTs and a robust summary why the team made that decision they did. Rule 52 needs to be cited for birth to age 2 MDTs.  Rule 51 needs to be cited for 3-5 MDTs.  An additional requirement for Part B is to include a summary of the 3 prongs.

*in instances where a child is due for a reevaluation and they are now 3 years old, the MDT should say the child is eligible for early intervention services per Rule 52 and will remain eligible for special education services per Rule 51 after August 31st.

Click HERE for eligibility and related MDT guidance.

5.  Can I use informed clinical opinion for CAPTA referrals and/or children birth through age 2 who have potentially been exposed to drugs (concerns that do not fall within the description of Developmental Delay)?

Yes, informed clinical opinion can be used to justify delivering early intervention services to children birth through age 2.   Click HERE for eligibility and related MDT guidance.

6. A child was tested and was determined not eligible for services. What do I put on the MDT? 

Click HERE for eligibility and related MDT guidance. 

7. How do I fill out the developmental area checkbox on page 3 of the MDT (birth-age 2)?

Within each of the 5 areas list what the child is and is not doing. Click HERE for eligibility and related MDT guidance.

8. Who maintains original MDT signatures?

The district - For children birth through age 2, the Services Coordinator is responsible for giving original MDT signatures to district personnel. For children ages 3 through 5, case managers are responsible for giving signature pages to appropriate district personnel.

9.  Should the Services Coordinator sign the MDT and/or indicate whether or not they agree with the MDT decision?  

The Services Coordinator can sign indicating that they were present. They should NOT, however, indicate agreement/disagreement with the MDT decision.

10.  Can we move forward with a MDT meeting/eligibility decision without the parents present for Part C? 

The MDT meeting/eligibility decision MUST include the parents.  Thus, if a parent doesn’t show up repeatedly for the MDT meeting, then the MDT meeting/eligibility decision cannot occur.  The district should provide a PWN to the parent advising that eligibility cannot be determined for the child until the parents can attend the meeting and that, after numerous attempts to hold the meeting, the case will be closed.  The district will want to include contact information for the parent when/if they want to resume the MDT meeting process. The SC should also send the HHS-6 advising the case will be closed citing similar reasons/information and include the SC contact information for the parent when/if they want to resume the process.

11.  What do we do when a child was eligible for services, parents decline and months later the parents are interested in services?  

This would be considered a "new" referral (a new intake and initial evaluation/assessment process).  Obtain initial consent for evaluation/assessment from the parent.  Then, the MDT can use the MDT report from the previous evaluation as a part of the records review to determine eligibility.  The Services Coordinator must also obtain current medical records and at least one member of the MDT would need to conduct an observation of the child and obtain parent report/interview regarding the child's current developmental skills within routines, etc. The observation, parent report and medical reports would be used to provide current/updated information based on the previous MDT report.  

12.  What are the Part B timeline requirements? 

The evaluation and MDT meeting must happen within 60 calendar days from the date consent is received.  No matter when the evaluation is initiated during the school year (October, winter break, February, summer, etc.) the timeline cannot exceed 60 calendar days.  

13.  What are some tips in maintaining Part B timeline requirements?

• Schedule the initial MDT meeting date as soon as parental consent is received. 

  • • • Be intentional to give yourself an extra window of time when arranging the eligibility meeting, such as two weeks before the 60-calendar days expires.

• Develop and utilize an internal tracking tool (spreadsheet) that notes the date of received parental consent for initial evaluation and final date within the 60-calendar day window that the MDT meeting needs to be held. 

• • • Give all relevant staff access to this resource to chart initial evaluations involving various professionals. 

      1. 1. • In the event that the professional who typical schedules initial MDT meetings cannot do so because of unforeseen circumstances, other individuals can efficiently step in.

• Create internal procedures for your district SPED staff regarding how parental consent for initial evaluation is logged, who schedules MDT meetings and monitors timelines, and how parental and team communication is logged. 

  • 1. • Train all staff involved in special education evaluations on these procedures.

• Document each attempt to contact parents for their participation in the MDT meeting on a SRS Notes Page

  • • • Best practice is to make at least 3 attempts to contact parents in multiple modalities (e.g., email, phone call, secure text message, US mail, in person at school drop off/pick up time, home or work visit) to schedule and attend before proceeding with the MDT meeting with other team members.

      • If the MDT team has to meet without the parent to determine eligibility because of repeated failed attempts to schedule the meeting or because the parent has opted to not attend, they can do so (see 92 NAC 51-007.06D1-3¹ for more information about the requirements for conducting a meeting without a parent).

• • • • • • Remember that while an eligibility meeting can be held without a parent, the district then has 30-calendar days to hold an IEP meeting and obtain the parent’s signature on the consent for initial placement for special education form before services can begin.²

• Plan ahead for potential weather interference on initial MDT meetings during winter months by determining alternative meeting methods (e.g., Zoom, conference call) and discuss backup options with parents in advance.

14. Can I use the SRS form "Determination Notice" in place of a MDT for 0-5? 

No.  This form should not be used while a child is below school-age.  The team must establish eligibility according to Part B, Rule 51 prior to the 3 year timeframe.  Obtain consent for reevaluation from the parent, gather existing data as well as obtain new information (DAYC-2, teacher observation, etc.) and make an eligibility decision according to Rule 51 special education and eligibility guidelines. These reevaluations should be documented on team referral spreadsheets as reevaluations. 

15. How do we determine eligibility for Part B special education (what are the 3 prongs)? 

In order for a child to be eligible for special education there has to be 1) a disability present, 2) an educational impact and 3) a need for specialized instruction. It is up to the MDT to determine if these three factors exist.  If so, the child is likely eligible.  If not, the child is likely not eligible. 

Click HERE for eligibility and related MDT guidance.

1. Who is required to attend IEP meetings? 

Districts are required to have 4 roles (special education teacher, regular education teacher, someone to interpret instructional implications of evaluation results and a LEA representative) in attendance at IEP meetings.  The 5th role is the parent.  See Sped Helper IEP page for additional information.   

2.  Is a regular early childhood teacher required to participate in IEP meetings for children ages 3-5?

If a child participates in a preschool or kindergarten program with non-disabled peers a general education teacher is required to be at IEP meetings.  

3.  What is the general education teacher requirement for 3-5 IEPs when a child is not currently attending a program and is served at home? 

Home is NOT considered a regular early childhood program; therefore, a regular education teacher does not need to attend the IEP meeting based on the Rule 51 007.03A2 citation "not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment)". It is important to note in this case that the home setting is the least restrictive environment, which is not the same as the regular education environment.

4. Is the parent then considered the general education teacher for a 3-5 IEP when a child is served at home? 

No.  When a child with a disability receives special education services in the home, the parent is not considered to be a regular education teacher of the child.  In this situation, there is no regular education teacher of the child.  The parent must be invited to participate in all IEP meetings.  Also, the parent should consider inviting anyone else who may watch the child in the home to attend IEP meetings to share information about the child and to learn of the type of support they might be able to provide in the home environment.  

5.  Are services coordinators required to attend IEP meetings for children ages 3-5? 

For a child previously served under Part C, the Part C services coordinator may be invited at the parent's request.

6.  Is a nonpublic school representative required to attend IEP meetings for children ages 3-5?

Yes, a nonpublic school representative must be in attendance when a child attends a nonpublic school.

7. Is a service agency representative required to attend IEP meetings for children ages 3-5?

Yes, a service agency representative must be in attendance  when a child receives services from an approved service agency.  Rule 51 defines service agency as "the school district, educational service unit, local or regional office of mental retardation, or some combination thereof, or such other agency approved by the Department of Education as may provide a special education program including an institution not wholly owned or controlled by the state or political subdivision". 

8.  Is a deaf educator required to attend IEP meetings for children ages 3-5? 

For a child verified in the category of  hearing impairment, an educator endorsed to teach a child with a hearing impairment must be in attendance.

9.  Is a teacher of the visually impaired required to attend IEP meetings for children ages 3-5? 

For a child verified in the category of visual impairment, an educator endorsed to teach a child with a visual impairment must be in attendance.

10.  How are RBI's connected to IEP goals? 

Information from the RBI and present levels should be used to generate IEP goals.

11.  What happens with IEP signature pages? 

Case managers are responsible for giving signatures pages to appropriate district personnel for children ages 3 through 5. 

12.  Where should pre-language, literacy and numeracy be addressed in IEPs?

An IEP for a preschool-aged child (3-5) must contain information regarding the educational components of pre-literacy, language, numeracy, as well as school readiness skills. These specific components can be addressed anywhere within the IEP. At the very least they should be housed in the present levels and if they are areas of concern, there should be corresponding goal(s). 

13. Should baseline data be included in both present levels and goals? 

Best practice is to include baseline data in both places to show connection across the IEP and to ensure progress reports are as streamlined and objective as possible. 

1.Who is required to attend IFSP meetings? 

In order to meet Rule 52 IFSP requirements, the IFSP team must include the following district representatives: (007.03A1) A person or persons directly involved in conducting the evaluations and assessments in 92 NAC 52-006; (007.03A2) As appropriate, persons who will be providing FAPE early intervention services under this Chapter to the child or family; and (007.03A3) A representative of the school district or approved cooperative who has the authority to commit resources.  One district staff member may fill multiple roles above, if applicable, and who also have the authority by the District to commit district resources.  There is no specificity as to the type of provider that needs to be at the IFSP meeting.

2.Is a family outcome required on an IFSP if the parent didn't indicate any concerns? 

No, IFSP’s are family driven. If a family doesn’t want to work on a family goal/outcome then one should not be created.  However, a RBI should help generate meaningful family goals/outcomes.  

3. Does progress need to be reported on all outcomes? 

Yes.  Progress for each outcomes should be documented at every IFSP meeting, especially when noting the outcomes is "met".  

4.   When a family has 6-12 goals, how is it feasible to address all goals in 6 months if you focus on 1 goal at a time?

It is rare that each outcome is given equal time.  Some of them are presumably family outcomes which are typically judged as met/unmet by the family.  For child outcomes, the Getting Ready approach is designed to emphasize the time in between visits as the parent gains capacity.  While there might be one or two outcomes that take some time, others wont.  In addition, the family is likely using a similar strategy/strategies for multiple outcomes. This is also dependent upon how the outcomes are written such that progress can be tracked across outcomes/routines as well without a lot of tricky data collection. Thats where the SC collecting progress each month and sharing it back with the family/team is critical.

5.  What do I do if parents have multiple priorities but request to have only one listed on the IFSP what do I do? 

A notes page should be used to document why there is a disconnect between the RBI and the IFSP.  A similar note should be made on Connect. 

6.  From the time the RBI occurred to the time we held the IFSP meeting, some of the priorities are no longer a concern.  What do I do? 

A notes page should be used to document why no progress will be reported. A similar note should be made on Connect. 

7.  Who maintains original IFSP signature pages?

Services Coordinators maintain copies of original IFSP signatures for children birth through age 2.

8.  What resources are available to help me in writing IFSPs?

Click HERE for access to an entire website dedicated to IFSP online assistance. 

9.  What date should we use for "Present Levels" and "Date of Evaluation" on the SRS IFSP form? 

Per the IFSP Instructions: 

Child’s Present Levels of Development Page: Enter information about the child’s present levels of physical development (including vision, hearing and health status); cognitive development; communication development, social and emotional development; and adaptive development based upon information from the child’s evaluation and assessment.

Date of Evaluation: Enter the dates of evaluation and the child’s age in years and months at the time of evaluation for each area of development. Dates of evaluation must specify month, date, and year.

For children who are determined eligible based upon medical diagnosis, the date of the MDT should be listed in this section.  For annual and periodic IFSP’s – the date in which the provider and SC conducted ongoing child and family assessment should be entered in this section.

The date of the original evaluation is the date used in the "Date of Evaluation" section.  The date of the updated information for present levels should be added to the individual text boxes. 

10. How are RBI's connected to IFSP outcomes? 

Information from the RBI should be used to generate IFSP outcomes.

11. If a family brings up a concern during an RBI that has to do with a sibling and has nothing to do with the child receiving early intervention services, should those concerns be added as outcomes on the IFSP?

Yes, if the family chooses to, it could be added to the IFSP as a family outcome. As you know family outcomes are different in that the parent is the actor and not the sibling. As an example, if the family priority is that the Shiri (the sibling) transition without running off,  a family level outcome would be: “Kandis will teach Shiri to make transitions when out of the house without running off within 5 months.” Kandis is the parent in this scenario. This example and others are linked on our Functional IFSP Outcomes guidance available here: https://edn.ne.gov/cms/functional-ifsp-outcomes.

12. In order to address pre-language, literacy and numeracy, can one IFSP outcome contain all three components or are three separate outcomes required? 

This can be in the form of one outcome or can be multiple outcomes.  Regardless, the outcome(s) must be generated from the family’s concerns/priorities identified via the RBI/family assessment process.  We don’t necessarily expect to see 3 separate outcomes addressing each of the components (language, literacy, and numeracy) separately. And we don’t want to see “forced” outcomes in efforts to meet compliance, or outcomes based upon the TS Gold tool simply to generate outcomes that would meet this requirement. Additionally, research tells us that working on one developmental skill, such as language, impacts literacy and numeracy development – and vice versa.  For instance, families may identify a language or gross/fine motor skill that they are concerned with during the RBI process, therefore, the outcome(s) generated would address the pre-language, literacy, numeracy regulatory requirements. 

We also have a responsibility to discuss and fully prepare families for upcoming transitions (Part C to B, preschool, kindergarten, etc.). In the context of talking about transitions, it's appropriate to ask the family reflective questions about future plans and what their child will need in order to ensure those plans become a reality.

Here are a few examples of RBI-generated concerns in which outcomes were developed that meet compliance with this requirement:

• • “Joey will participate in story time by identifying/pointing to named objects/animals in the book. We will know this goal is met when Joey correctly identifies named items in the book every day for 5 days in a row.”

  • “Joey will participate in mealtime by saying what he wants to eat or by making a choice.  We will know he can do this when Joey can say what he wants to eat or wants more of, one time per day for 4 days in a row.”

  • “Joey will participate in play time by stacking colored blocks with his siblings and naming the colors of the blocks.  We will know this goal is met when Joey is able to stack the blocks and correctly name the colors of 3 blocks 5 times in 2 weeks.”

13. Are academic outcomes (pre language, literacy, numeracy) needed on an IFSP when the child will be turning 3 during the IFSP period?  For example, if an IFSP happened today, the child is 2 but will turn 3 next month before the next IFSP is due, do we need academic outcomes now?

No. You will need to include this at the next IFSP because the child will be three at the next IFSP meeting.  There is no regulatory requirement to include these outcomes prior to the child turning 3.

14. On the transition page on the IFSP, should we enter the original date of transition meeting and keep that original date on future IFSP’s (next periodic), or should we change that date at subsequent IFSP’s to reflect the current date of the IFSP meeting or transition plan review? 

The first transition conference meeting should be the date used on the transition plan and that date should stay in place for future IFSP meetings since the actual IFSP meeting dates can be found elsewhere in the IFSP. 

1.  What is the role of the Secondary Service Provider (SSP)?

The SPP gives role assistance through coaching (with both the PSP and the parents), conducting further assessments as needed, and providing technical support.  

2.  How do I list joint visits on IFSPs and IEPs?

If the IEP team knows support of a Secondary Service Provider is going to be needed, estimate the number of visits that would be needed and add those services to the IEP.  If you are unsure, err on the side of caution by listing a low number of visits.  If more visits are required, they can be conducted without altering the IFSP/IEP.  

3.  A statement should be added to the IEP/IFSP saying that the PSP has access to a full team of experts, but what needs to be added when there is need for a Secondary PSP?

You would need to state the discipline of the provider that will be in attendance for joint visits, the number of times joint visits will take place, and why the joint visits are needed. 

Click HERE for ESU 1's Joint Visit Expectations & Considerations

1.  Is the school district obligated to provide para support to a student on an IFSP/IEP who is attending a Early Head Start or Head Start? 

If the team determines that support is necessary to achieve their child outcomes (for a child on an IFSP) or to receive FAPE (for a student on an IEP), yes.  If the team determines that support is NOT necessary, no.  Since teams are to provide supports on a continuum with preference to the least restrictive options, be very cautious about deciding when para support is necessary.  Some reason paras are considered so restrictive is that they so easily create barriers to the child's access to peer interactions and participation in everyday learning opportunities (IFSP)/the general curriculum (IEP).  Plus, children develop dependence instead of independence.  It is recommended to review the following resources to help frame the discussion and consider options before making decisions: Determining When a Student Requires Paraeducator Support; Five Reasons to be Concerned About the Assignment of Individual Para Professionals

Also, consider asking the following questions:  What does a one-on-one para look like for this student?  How is this new program different from his/her current setting?  Would he/she require a para in all settings right now?  If he/she wouldn't require a para in any setting then why is this program or situation different?  Is it due to inadequate staffing?  Knowing that a one-on-one para is one of the most restrictive supports how does that impact him/her both now and in the future? 

1.  Preschool teachers are extremely busy.  There's no way I can have them complete a lengthy RBI.  What should I do?

A shortened version of the RBI has been created in order to gain necessary information from preschool teachers.  Click HERE for the document titled, "Interview for Preschool Teachers".  

2.  How do I know what option to chose on SRS for preschooler's receiving special education services?

Click HERE for access to a decision tree for preschool coding options.  To enlarge the decision tree, double click on the graphic.   

COMING SOON - NDE Coding Guide

3.  What advice to Dathan and M'Lisa have for PSP in preschool settings?

Click HERE for access to a FIPP.org Case Tool on Providing and Receiving Early Intervention in Early Childhood Settings. The checklist is especially helpful. 

4.  The IEP team determined that the appropriate placement for FAPE  is another year of preschool even though the child is 5 years old.  How and where do I document this placement decision on the IEP?  

Rule 11 programs are not intended for students who have turned 5 by August 1 of that school year, however, Nebraska compulsory attendance laws don't require parents to send children to Kindergarten until age 6.  This means students who are 5 can only enroll in Kindergarten if the parents want access to public education.  The exception is the 5 year old on an IEP when the team determines the appropriate placement for FAPE is another year of preschool.  To document that decision, use a statement like the following on page 6 of the IEP: 

"Although the student is age eligible for Kindergarten, the team has determined his/her needs are best met in a preschool setting for the coming year." 

5.  Can a child who turns five during their first year of preschool attend another year of preschool? 

Children are kindergarten-age-eligible if they turn 5 on or before July 31. Children are of mandatory kindergarten entrance age if they turn 6 on or before January 1.  Preschool classrooms are intended for those children who have not yet reached kindergarten age eligibility. State law, 79-1101(3)(b), and NDE Rule 11, states public preschool programs cannot enroll children who are age-eligible to attend kindergarten. The only exception is for a child with a disability whose Individual Education Program (IEP) team determines that the child’s needs cannot be met in kindergarten with appropriate supports and accommodations. This information can also be found in the Guide to Serving Children: Rule 11 Guidance Document.  All children in Nebraska, including children with disabilities, are entitled to attend kindergarten when they meet the age eligibility requirement. Kindergarten is intended to be a program for 5 year-olds, and schools have a responsibility to support the learning of all children in the kindergarten program. For some children, including those with disabilities, this may require the school district to provide additional supports and services in the kindergarten setting, as regulatory required.  The intent of the law/regulation is to ensure every child attends kindergarten with same-age peers, and to receive needed services/accommodations within the kindergarten setting in order to be successful.  The laws and regulations are written to ensure access to the kindergarten curriculum and equity of opportunity to actively participate in learning with peers. The school district is responsible for providing appropriate resources to successfully support children with diverse needs and learning abilities.  The district of residence is responsible for development, and provision, of IEP services as well as determining LRE placement as the kindergarten setting and thus assisting in enrollment into the district Kindergarten classroom.  The parents can choose to option enroll the child in another district starting at kindergarten (option enrollment does not apply for below age five) but it's up to the district to decide if they accept the child as an option-enrolled student in the kindergarten classroom or not.  A child who is 5 prior to July 31 cannot attend preschool since the child is Kindergarten-age eligible and the above state statutes and regulations prohibit a kindergarten-age child from being enrolled in preschool; and the child’s disability does not prohibit the child from being successful in the Kindergarten classroom with appropriate supports and accommodations provided by the district, as regulatory required.  If the family does not want to enroll the child in Kindergarten for the 2021-2022 year, then the family has two options:  1) the family may choose to keep their child at home for the school year and bring the child to school to receive their special education services and support or 2) the family may choose to withdraw their consent for services for the school year and request a new MDT referral to establish the child’s eligibility for special education services upon their enrollment in kindergarten.  Another option available to the family is to enroll the child in a private preschool, but they would need to make one of the above choices (a or b) in respect to the child’s special education/IEP services.

7.  Are there any exceptions for age cutoffs for children on IEPs attending Head Start programs?  

Children are eligible to attend Head Start programs the day they turn 3 years old.  This is true even if they are only a few days/weeks away from the cutoff date.  If an IEP team determined earlier placement was necessary, the program would have to apply for a waiver through the Office of Head Start. A copy of the child's IEP recommendation would be required as a part of the waiver process. Waivers can also be submitted for children who are too old per Head Start regulations if the IEP team determines continued participation in a HS program is more appropriate than participation in a kindergarten program.

8.  Can a district exclude a child on an IEP from attending preschool if they are not potty trained? 

While there are no specific state regulations that address potty training within early childhood programs, there are several federal regulations and Policy letters authored by the US Department of Education and US Department of Health and Human Services that address this topic for young children with disabilities. 

Federal Dear Colleague Letter on Preschool Least Restrictive Environment

Page 2:  These requirements reflect the Individuals with Disabilities Education Act’s strong preference for educating students with disabilities in regular classes with appropriate aids and supports. Under section 612(a)(5) of the IDEA, to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, must be educated with children who are not disabled. Further, special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. The LRE requirements in section 612(a)(5) of the IDEA apply to all children with disabilities who are served under Part B of the IDEA, including preschool children with disabilities aged three through five,

Page 3 : The term “regular class” includes a preschool setting with typically developing peers.

Before a child with a disability can be placed outside the regular educational environment, the group of persons making the placement decision must consider whether supplementary aids and services could be provided that would enable the education of the child, including a preschool child with a disability, in the regular educational setting to be achieved satisfactorily.

 Page 5:  IDEA presumes that the first placement option considered for a preschool child with a disability is the regular public preschool program the child would attend if the child did not have a disability.

 Based upon the above Policy statement and federal regulations, children with disabilities who are not yet potty-trained cannot be excluded from the regular educational program on this basis alone, as accommodations, aids and services must be provided that would allow the child to be included within the regular early childhood setting.  

Federal Policy Statement on Inclusion of Children with Disabilities in Early Childhood Programs

Page 4:  Under Part B of the IDEA, special education and related iii Under Parts B and C of the IDEA, “all” means all eligible infants, toddlers, and children with disabilities in the State and includes those who are English learners, immigrants (regardless of their immigration status), homeless, and in foster care as well as those who reside on Indian reservations. 4 services are to be made available to all children with disabilities ages three through 21, to the maximum extent appropriate, in the least restrictive environment (LRE) factoring in an individual child’s unique strengths and needs. LRE further requires a continuum of placement options be available to best meet the diverse needs of children with disabilities, and presumes that the first placement option considered for each child with a disability is the regular classroom the child would attend if he or she did not have a disability. Thus, before a child with a disability can be placed outside of the regular educational environment, the full range of supplementary aids and services that could be provided to facilitate the child’s placement in the regular classroom setting must be considered.

Page 5:  In addition, the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibit discrimination on the basis of disability. Title II of the ADA prohibits discrimination by public entities, regardless of receipt of Federal funds, and protects children with disabilities from unlawful discrimination in early childhood programs, activities and services operated by state or local governments, including public school districts. Title II provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of such services, programs or activities of a public entity, or be subjected to discrimination by such entity. Title II applies to the services, programs, and activities of all state and local governments throughout the United States, including their early childhood programs. Title II further requires public entities to provide services in the most integrated setting appropriate to the needs of individuals with disabilities. Integrated settings are those that provide individuals with disabilities opportunities to live, work, and receive services in the greater community, like individuals without disabilities. In addition, Title III of the ADA prohibits discrimination in places of public accommodation, such as private schools, private child care programs, or private preschools; regardless of whether an entity receives federal funds. Section 504 prohibits discrimination by public or private entities that receive federal financial assistance (FFA). Section 504 provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of any entity that receives FFA, or be subjected to discrimination by such entity. FFA includes grants, loans, and reimbursements from Federal agencies, including assistance provided to early childhood programs. 

The last paragraph above is “key” to the issue of requiring children to be potty-trained before being allowed to attend a preschool program.  Programs should be aware that they would be in violation of ADA and Section 504 with potty training requirements for children to be enrolled in preschool/Early Childhood programs. Finally, expecting all children to be potty-trained prior to entering an early childhood program is not developmentally appropriate nor consistent with evidence-based information regarding child development.  

1.What are the differences in Part C and Part B PWNs? 

Click HERE for information on Part C and Part B Prior Written Notice. 

1.  I just received a referral.  Do I need to wait until the next PSP meeting to share a new referral with the PSP team? 

Except in extreme situations, yes, you need to wait until the next PSP meeting to assign a primary provider as it must be a team decision.  However, you do not have to wait to put information on the team’s google folder. Also, you should collect all the information the team will need to make an informed decision about who should be the primary provider.  You should use this information to complete the Most Likely PSP Worksheet minus team member names prior to the team meeting.   

2.  What is a CAPTA referral?  

CAPTA stands for the Child Abuse Prevention and Treatment Act.  State child welfare and Part C Early Intervention systems have procedures in place to ensure referrals of maltreated and drug exposed infants and toddlers are made. 

3.  If a referral is made for a 3 year old prior to August 31st should that child have an IFSP or an IEP?

The child should receive Part B services (IEP) as EDN Part C services only apply for children up until their 3rd birthday.

4. What is the protocol when a 0-2 referral is received but contact is unable to be made with the parents? 

A minimum of three attempts using a variety of methods to contact the family within 7 calendar days from intake/referral is required.  It is ESU 1's best practice to make three attempts for each type of contact to prove good faith effort was made even though the EDN TA document technically only requires a minimum of three total attempts. 

Remember to contact the referral source asking for help contacting the family.  All attempts should be documented in the narrative section of Connect.  If all attempts are unsuccessful the Services Coordinator mails a certified letter to the family asking for the family to contact the services coordinator.  If the Services Coordinator is still unable to contact the family within 14 calendar days the Services Coordinator mails a second letter to the family indicating that the referral will be closed.  If the family does not contact the Services Coordinator after 21 calendar days from the referral, Connect procedures for case closure should be followed and the district should be notified accordingly. 

Example attempts include the following:
Attempt #1: Phone call and message left on mom's cell phone 10:00am Tuesday
Attempt #2: Drop-in at the home 2:00pm Wednesday
Attempt #3: Text sent to mom's cell phone 12:00pm Thursday
Attempt #4: Drop-in at the home 11:15am Friday
Attempt #5: Text sent to mom's cell phone 3:00pm Friday
Attempt #6: Drop-in at the home 8:00am Monday
Attempt #7: Message to dad 10:30am Monday
Attempt #8: Phone call and message on newly acquired home phone 2:45pm Tuesday
Attempt #9: Phone call and message on home phone 9:30am Wednesday 

5. What do I do if a 0-2 family is unable to be contacted within 21 days from the referral but on the 22nd day the family returns contacts and indicates they are interested in services? 

Assure the previous intake has been closed and enter a new intake/referral on Connect. 

6.  What is the protocol when a 3-5 referral is received but contact is unable to be made with the parents? 

Here's what Rule 51 says about the implications to the timeline: 009.04A1 "Referral, notice to parents (See 92 NAC 51-009.05), and parental consent, shall be completed within a reasonable period of time. The initial multidisciplinary team evaluation shall be completed within 45 school days of receiving parental consent for the evaluation."  009.04A1a "The 45 school day timeline shall not apply to a school district or approved cooperative if: 009.04A1a(2) The parent of a child repeatedly fails or refuses to produce the child for the evaluation." 

This does not mean that we remain in "limbo" indefinitely.  It does, however, mean that we have some time to pursue other avenues or try to convince the parent of the importance of moving forward with the evaluation.  The parent needs to know that we can't move forward until the evaluation can occur and without the evaluation, support/services cannot be provided.  

In terms of the attempts, we typically say that there should be a minimum of three attempts using a variety of methods to contact the family.  It is ESU 1's best practice to make three attempts for each type of contact to prove good faith effort was made.  Varied methods of contact are especially helpful when one method or another is unsuccessful.  Having said that, it has to be a little individualized based on the unique circumstances of the child and family.  That's not to say, however, that other options wouldn't be successful.  Has anyone tried going to the home?  Contacting the parent(s) at work?  What other information would be helpful to know about the family?  Who would have access to that information? Where did the referral come from?  Does the referral source have any helpful information about how they've been successful in contact the parent?  Are there older siblings or family members in the community?  If you don't currently have answers to these questions, who can you reach out to for assistance? To what extent has the district been involved?  How can secretaries, SROs, community liaisons, etc. be helpful in communication and locating families? At the very least, involve the LEA to get input and problem solve around the situation.  At some point, when all of the options have been exhausted and there's adequate documentation to show reasonable effort, send a PWN via certified mail to the parent specifying the attempts made, the date consent was signed, etc.  and that the efforts to contact the parent will cease.  The PWN should state that it would then be up to the parent to reach out if they want to pursue the evaluation at any point in time.   Documentation of reasonable effort is key.  All of the conversations, attempts to set up meetings, responses from the parent(s), etc. should be documented on a notes page.  This information will be helpful if it gets to the point where efforts to continue with the evaluation cease. 

In short, a minimum of three attempts should be made with the expectation that reasonable effort has been made.  It is best practice to make three attempts using various modes of communication (text, call, in-person, facebook, etc.).  Detailed documentation of dates, times, summaries of conversations, etc. should be kept on a notes page. 

7. An EDN referral was received.  The child will be turning three very soon.  Should we proceed with an EDN evaluation following the 45 calendar day guideline or proceed with a Part B evaluation following the 45 school day guideline? 

Per 34 CFR § 303.209 (b)(1)(iii), "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, is 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".  Thus, the Services Coordinator should have a conversation with the family about their options.  One option is to move forward with a Part C evaluation and if the child is deemed eligible, an IFSP can be created and implemented through August 31st of that year.  The other option would be to move forward with a Part B evaluation and if the child is deemed eligible, an IEP can be created/implemented.  If the family chooses to pursue the Part B option, the Services Coordinator should close out the EDN case on CONNECT as "Referred to Part B Services" and send the HHS-6 stating that the family chose to evaluated for Part B/special education services and declined to be evaluated for/receive early intervention services.  The Services Coordinator can bill for the month in which the case was closed. The child is presented to the PSP team as a Part B referral, a most likely PSP is determined and the team moves forward with getting consent for a Part B evaluation (thus following the 45/60 day timeline).  

8. An EDN referral was received. The Services Coordinator later discovers that the referral should have been sent to another agency outside of ESU 1. What timelines apply? 

The referral and all associated information should be shared with the accurate agency as soon as possible. When the new district/agency receives the referral, the 45 day timeline does not start over.  The original referral date is still the date used for determining timelines. 

9. A district received a call from a medical provider indicating that they have treated a child who is in need of services.  The information has been passed onto ESU staff.  What should happen next? 

Sometimes medical professionals "prescribe" or write scripts for special education services.  Although we would prefer different terminology, it is our responsibility to treat a request of this nature as a referral for a special education evaluation.  According to 92 NAC 51-003.48 "referral means the submission of a request by a parent, school personnel or approved agency for an individual evaluation of a child suspected of having a disability".  In this case, the medical provider is suspicious that the child in question has (or may have) a disability.  The provider who received the referral should follow up with the child's parents to get more information and ultimately move forward with getting consent and evaluating (see PSP Process). 

1.  Who is responsible for completing an RBI?

For children birth through age 2, a Services Coordinator and one provider should complete the RBI. If two providers complete the RBI, the SC would then need to complete a separate family assessment to meet services coordinator requirement of conducting a family assessment.  This seems like an inefficient approach given you’ve already done the assessment with the family through the RBI.  For children ages 3 through 5, two providers should compete the RBI, one of whom should be the anticipated PSP.  

2.  Where should completed RBIs and Ecomaps be saved?

For children birth through age 2, Services Coordinators must keep original hard copies as this information is added to the IFSP.  However, these documents should still be scanned in and saved in SRS.  The concerns/priorities page as well as the family strengths page of the IFSP  must reflect information gathered during the RBI.  For children ages 3 through 5, there is no need to keep original copies if the handwritten notes from both the RBI and Ecomap are uploaded and added to SRS. 

3.  Who is able to conduct an RBI since not everyone is trained?

The formal training will not be replicated. Rather, providers should watch the RBI videos and participate in live training as a secondary interviewer. An internal coach will be assigned and the provider will become a primary interviewer when they have their coaches approval.

4.  What resources are available from the developer of the RBI, Robin McWilliam?

Robin writes monthly blogs concerning the shift that EI providers and services coordinators need to make in order to provide family-centered, functional services in natural environments.  Additional resources are available in the Shared Google Drive.

5.  How often should I conduct an RBI with the family? 

The RBI fulfills the requirements of a child and family assessment outlined in Rule 52.  There is no requirement to complete an assessment in Rule 51.  Legally we are bound to follow the same protocol for 3-5 children as school-age students (meaning the team moves straight to an evaluation).  ESU 1's expectation, however, is to use the RBI as a method of gathering information to produce quality goals and outcomes for ALL children birth through age 5.  RBIs also assist providers in gaining information to assist with coaching interactions.  At a minimum, RBIs are to be conducted annually.  Significant life events may trigger more frequent RBIs.  Please use the EDN Ongoing Assessment Document for more details.  

6.  Do I need to conduct an RBI with the family prior to the transition to school-age (Kindergarten) services? 

ESU 1's expectation is that annual RBIs should be conducted with the family up until December 31st of the school year prior to the transition to Kindergarten.  This is the minimum expectation.  Additional RBIs can be conducted as needed. 

7.  If child is referred, begins services after the December 31st cutoff and is attending Kindergarten in the fall is a RBI required? 

In this case, no, a full RBI is not required.  You will, however, need to get information from families and or teachers in order to create appropriate goals. 

8.  What do I do if parents have multiple priorities but request to have only one listed on the IFSP what do I do? 

A notes page should be used to document why there is a disconnect between the RBI and the IFSP.  A similar note should be made on Connect. 

9.  From the time the RBI occurred to the time we held the IFSP meeting, some of the priorities are no longer a concern.  What do I do? 

A notes page should be used to document why no progress will be reported. A similar note should be made on Connect. 

1.  Can an EDN Services Coordinator serve as a PSP?

In some situations.  Since Services Coordinators can be the only service on an IFSP they will in turn serve as a PSP when they are the only service provided.   If the child’s/family’s needs indicate another service provider is needed, then the needed service provider can conduct joint visits for the purpose of service delivery or ongoing assessment.  Otherwise the PSP role should be filled by a service provider not a Services Coordinator. 

2.  Who opens and finalizes forms on SRS?

For children birth through age 2, Services Coordinators are responsible for opening and finalizing forms on SRS.  For children ages 3-5, the case manager is responsible.  

3.  Is there any online training available for Services Coordinators?

Yes, click HERE for "Services Coordination Online Training".

4.  What resources are available to assist with writing IFSPs?

Click HERE for access to an entire website dedicated to IFSP online assistance.

5.  I do not feel comfortable conducting home visits.  Are there any resources available to help me in this area?  

Yes, click HERE for access to "Home Visiting Core Practices and Principles" online training.

6.  Should the Services Coordinator sign the MDT and/or indicate whether or not they agree with the MDT decision?  

The Services Coordinator should sign indicating that they were present. They should NOT, however, indicate agreement/disagreement with the MDT decision.

7.  Should Services Coordinator be a participant in the child's first IEP meeting?

It is up to the parents to decide if they want the Services Coordinator to be involved at the first IEP meeting to help with the transition from Part C to Part B.

8.  Who is responsible for writing a transition plan when a child is moving from an IFSP to an IEP?

Since the transition plan is an IFSP requirement, the Services Coordinator is responsible for writing the transition plan. However, it is a team's decision as to who is responsible for carrying out specific aspects of the plan.

9.  We received a referral from District A.  It took a while to get a hold of the case worker and in the meantime the child moved to District B.  Both districts are in our PRT area.  Does the timeline start over because the child is now in a different district? 

The timeline does not start over since both districts are within the PRT region.  If you are unable to meet the 45 day timeline, document your efforts on a notes page explaining why there was a delay.  

10.  Who maintains the original signature pages for the Release of Information? 

The Services Coordinator maintains these original signature pages. 

11.  Who maintains the Notice and Consent for Evaluation original signature pages? 

Either the Services Coordinator or the district can maintain these signature pages. 

12.  Who maintains original MDT signature pages? 

The district.  For children birth through age 2, the Services Coordinator is responsible for giving original MDT signatures to district personnel. For children ages 3 through 5, case managers are responsible for giving signature pages to appropriate district personnel. Copies should be maintained in the Services Coordination file. 

13. Who maintains IFSP original signature pages? 

Either the Services Coordinator or the district can maintain these signature pages. 

14.  Do Part C parents need to receive Procedural Safeguards, Rule 52 & Rule 55? 

Yes.  Services Coordinators should ask parents if they prefer to receive all three documents via electronic copy or hard copy.  Click HERE for access to a document outlining electronic assess.  Services Coordinators need to document in the CONNECT narratives which format the documents were shared with the family. 

15. What needs to be included in a Notice of Initial Evaluation and Child Assessment?

Click HERE for access to guidance on this topic.  The description should be individualized for the unique situation of the child whereas the domains can be copied and pasted into the SRS form. 

16.  What are the key timelines to keep in mind for Part C cases? 

MDTs and IFSPs must be completed within 45 calendar days from the date the referral is made (the date of the original phone call) not when consent is obtained.  The service start date must be as soon as possible after the parent(s) consent to services.  MDT & IFSP must be finalized AND copies given to parents within 7 days of the IFSP.  Meetings can count as visits for Services Coordinators. 

17. An EDN referral was received for an infant in the NICU. What should the Services Coordinator do?

The SC should contact the family when appropriate either before discharge or immediately following discharge.  Note, the 45 calendar day timeline begins when the child is discharged from the hospital. 

18. When a case moves from our PRT/ESU to another, are we okay to share the medical records with them or do they need to obtain their own release first? 

We can send the EI records, including medical records, to the receiving SC agency without a release.  The receiving SC agency will need to obtain parental consent for the release of information to the receiving district. 

Part C Services (0-2)

1.  How do I end services for children birth through age 2? 

Click HERE for answers to scenarios dealing with discontinuing Part C Services (Part C PWNs).

2. When do Part C cases need to be closed if a child is hospitalized?

Services Coordinators should consider closing EDN cases if hospitalization will occur for 60+ days. The decision on when to close the case is made based on each individual situation but typically it's not going to be longer than 60 days. For example, if the child is going to be released on day 62 it wouldn’t really make sense to close it at day 60. As long as the Services Coordinator has made legitimate attempts and contacts that meet the billing requirements, it is ok to bill during this timeframe. The case can be re-opened when the child returns home.  Use 480 NAC 1-010.07 as a closure citation as the Services Coordinator isn’t able to implement the IFSP and conduct those required activities due to the child’s hospitalization.

Part B Services (3-5 & 5-21)

1.  How do I end services for a child who no longer has a need for special education services (goals are met/there are no longer any concerns)?

Click HERE for guidance on discontinuing special education services for children ages 3 - 5.

Click HERE for guidance on discontinuing special education services for children ages 5 (kindergarten) - 21.

2.  How do I end services for a child when their parents revoke consent for services? 

Click HERE for guidance when parents revoke consent (3-21).

1.  How should the services page look on an IFSP/IEP to reflect PSP?  

The services page must list the actual service that the child needs/is receiving, even if the service is provided through a PSP model. Thus, if the SLP is the PSP and will be provided 18 times per 6 month period/semester, the IFSP/IEP should accurately reflect that.

2.  How is percent of time calculated for preschoolers on an IEP?  

There is no requirement to put in percentages for children birth through age 5.  Thus, whatever you choose to put is okay.  The setting code (separate school, home, early childhood program, etc.) you choose is more important than the percentages listed on the IEP.  

3.  What resources are available to help determine the frequency and intensity of services?  

Teams should consider weekly support the standard and then justify why more or less frequently is needed.  Click HERE for tips to effectively manage frequency and intensity of services.  

4.  What should be included on IFSPs/IEPs to ensure it's clear that each child has access to an entire team of professionals?

The following is a sample statement for IFSPs: 

CHILD will receive services from the Primary Service Provider (PROVIDER'S TITLE i.e. ECSE) beginning on DATE.  CHILD's PSP has access to an educational team of experts which includes an Occupational Therapist, Physical Therapist, Speech Language Pathologist and an Early Childhood Special Education Teacher.  A Vision Consultant, School Psychologist, Deaf Educator and/or other specialists are also available to the team as needed.  Services will be delivered through a Primary Service Provider coaching model to address educational outcomes.  

CHILD's family will:
PSP will:
Services Coordinator will: 

The following is a sample statement for IEPs: 

CHILD will receive services from the Primary Service Provider (PROVIDER'S TITLE i.e. ECSE) beginning on DATE.  CHILD's PSP has access to an educational team of experts which includes an Occupational Therapist, Physical Therapist, Speech Language Pathologist and an Early Childhood Special Education Teacher.  A Vision Consultant, School Psychologist, Deaf Educator and/or other specialists are also available to the team .Services will be delivered through a Primary Service Provider coaching model to address the established goals.  

Include more detailed information If services will be provided in multiple setting and/or if regular joint visits will occur. 

5.  Can an EDN Services Coordinator be the only service a child receives?  

Yes.  An IFSP can be developed to reflect services coordination only support for a family. 

6. What do I do when a child changes locations (staying at home with mom to Early Learning Center, daycare to Educare, etc.)?  

Best practice is to hold an IEP meeting to determine if other aspects of the IEP also need to be adjusted (i.e. increased service frequency in light of the new location, updated goals, etc.).  

Part C: Because the location of services will still be in a natural environment (home and community-based setting), there is no requirement to update the IFSP or conduct a meeting.  It is okay to wait until the regularly scheduled IFSP meeting to make the change to the location on the IFSP services page. 

7.  I serve a child in the home and at daycare.  The IFSP only allows me to choose "Home"or"Community".  What should I do in order to ensure that the IFSP accurately reflects the service I'm providing? 

Choose the location in which the PSP spends a majority of the time delivering service. Select "Home" if most of the service occurs in the family home or "Community" if most of the service occurs in a daycare, early childhood center, preschool, park, grocery store, etc. Do not select the "Other" option as this is reserved for the few instances where services are provided in a hospital, clinic, or residential treatment facility.  In order for the IFSP to accurately reflect all of the locations in which services are being delivered, a description should be included in the "What will be done by whom" portion of the IFSP.

8.  What should I do if a child is not available for a short time (less than 30 days) due to vacation, sickness, surgery, etc.?  

If the reason for the delay in services is caused by the family, the reason for the delay should be recorded on a notes page and services would continue as scheduled when the child returns. Services cannot occur when the family does not make the child available. Since IFSP/IEP services are listed quarterly or by semester to reflect PSP, the total number of visits should not be impacted by this temporary lapse in service.  If the situation becomes more permanent an IFSP/IEP should occur as soon as possible to discuss the impact the situation has on the child's present levels and to update goals/services as needed. 

9.  What do I do when a parent does not make a child (3-5) available for services? 

Multiple attempts should be made (morning, afternoon, varying days of the week, etc.)  as well as multiple types of attempts (in person, via mail, via phone, etc.).  If all of the attempts are unsuccessful, reach out to the special education contact at the district and begin problem solving.  A certified letter should be sent to the family explaining the attempts that have been made and asking the family to get in contact with the district or provider to discuss next steps. 

10.  An IFSP meeting is scheduled for tomorrow.  Can services start tomorrow, too?    

EDN services can start the same day as the IFSP meeting while other services must begin the day after (or later) but within 30 days.  Documentation should be added to a notes page if a family requests to have services start the same day as the meeting or if there are family circumstances preventing services from happening within the 30-day timeframe. 

11.  What can we legally do when a child resides in Nebraska but spends a majority of his/her time at a daycare or preschool in another state and parents want coaching to happen there rather than at home.  What can we do? 

The district is responsible for making the decision of whether or not to provide services across state lines.  State law doesn't prevent this from happening nor does it require you do to do so.  The PSP would need to have a valid license/certificate in the other state. The district can make a decision on a case by case basis or they can choose to develop an "across the board" policy for these situations.  Typically it is best to make a referral to the other state or offer to provide services when the child is in Nebraska.

12.  If parents have joint custody but one parent lives in Nebraska and the other lives in another state can we provide coaching support when the child is with the parent living in Nebraska? 

Best practice would be to ask the parent if you can review the custody order or at least ask, "which parent has educational rights per the custody/court order?"  If the order states a specific parent, then the services would be provided to that particular parent/child within the state that the parent resides in.  If the court order is "silent" as to who has educational rights, either and/or both states can provide Part C and Part B preschool services to the child/parent. 

13.  Should coaching happen with the teacher/caregiver AND the parent(s)?   

Yes, each adult/caregiver should be considered for coaching, although some may refuse or be unavailable. 

14.  What do I do if a district wants to provide services to a 0-5 child beyond what would be within the scope of PSP (ABA therapy, 1:1 para, district ECSE)? 

A district may include/add services beyond what we do through PSP.  Our approach is to treat those additional supports as we would any other adult caring for the child - we come alongside to support and compliment what is already in place. 

15. How should temporary leaves be documented (maternity, medical, etc.)?

For situation where substitute providers are needed, temporary changes should be noted on a notes page.  The notes page should also include documentation about the conversations had with IEP team members to update them of the temporary changes.  If we are aware of the leave in advance, bursts of service and/ or joint visits to prepare for the leave are encouraged. 

If the leave is fairly short (6 weeks), it's likely that the PSP providing bursts of service in advance could suffice, especially if the leave occurs over a holiday or break. 

If the leave is longer (12+ weeks), the team should consider adding a secondary provider prior to the leave so the two providers can engage in joint visits to build relationships.  Then, when the PSP is unavailable, the secondary PSP can provide support in the absence of the PSP.  

All situations should be handled on an individual basis.  It is recommended to go through the PSP's caseload individually to determine next best steps based on annual/periodic meeting dates, dates of the PSP's leave, child/family priorities, center-based program scheduled, etc. 

16. How should "permanent" leaves be documented (change in team, new family priority, etc.)? 

IFSP: 

If the provider discipline is staying the same (SLP to SLP), no action is needed on the IFSP other than documenting communication with families about the personnel change

If the provider discipline changes (SLP to ECSE), a periodic IFSP is required.  HOWEVER, if the Services Coordinator is physically present with the family, the other members of the IFSP can participate via Zoom, FaceTime or phone.  This truly is a formality and the meeting with likely take less than five minutes.  The sole purpose is to inform parents of the changes and to document the changes on the IFSP.  The IFSP should be duped and a note should be added to the concerns & priorities page indicating the reason for the change.  If the annual IFSP is due within 30-45 days, you could consider holding an annual meeting instead and making all of the changes at once. 

IEP: 

If the provider discipline is staying the same (SLP to SLP), no action is needed on the IEP other than documenting communication with families about the personnel change

If the provider discipline is changing (SLP to ECSE), after communicating with the IEP team about the personnel change, the IEP should be duped, necessary changes should be made to the services page and a notes page should be created to explain the reason for the change.  

If at any time parents request a meeting or if changes to the frequency and/or duration of services are needed, a formal IFSP/IEP meeting should be held. 

17. For infants/toddlers who have a hearing loss and are eligible under the category of Developmental Delay under IDEA Part C/Rule 52, some IFSP teams think they are not required to provide a teacher of the deaf/hard of hearing for service delivery.  What should IFSP teams do? 

Click HERE for NDE's response.

18.  What guidance is available for determining service location on IFSPs and IEPs?

AGES BIRTH-3 (PART C)

Primary setting is the service setting in which the child receives the largest number of hours of Part C early intervention services.  Determination of primary setting should be based on the information included in the IFSP.

HOME: early intervention services are provided primarily in the principal residence of the child's family or caregivers.  Include children who receive special education and related services both at home and in some other location, if they are receiving the majority of their services in the home.  The term caregiver includes babysitters.  

COMMUNITY BASED: early intervention services are provided primarily in a setting where children without disabilities typically are found.  These settings include, but are not limited to, the following:

Child care centers (including family daycare)

Preschools

Regular nursery schools

Early childhood centers

Libraries

Grocery stores

Parks

Restaurants

Community centers (e.g., YMCA, Boys and Girls Clubs).  

OTHER: early intervention services are provided primarily in a setting that is not home or community-based.  These settings include, but are not limited to, services provided in a hospital, residential facility, clinic, and early intervention center/class for children with disabilities. 

AGES 3-5 (PART B)

The reporting categories are used to distinguish where children receive the majority of their special education and related services.  The first factor to consider is whether the child is attending a regular early childhood program. 

REGULAR EARLY CHILDHOOD PROGRAM: a program that includes a majority (at least 50 %) of nondisabled children (i.e., children not on IEPs).  This category may include, but is not limited to, the following:

Head Start

Kindergarten

Preschool classes offered to an eligible pre-kindergarten population by the public school system

Private kindergartens or preschools

Group child development centers or child care

SPECIAL EDUCATION PROGRAM: a program that includes fewer than 50 % nondisabled children (i.e., children not on IEPs).  If the child does not attend a regular early childhood program, consider using this location option.

SEPARATE SCHOOL: majority of special education and related services are provided in a day school designed specifically for children with disabilities.  Do not include children that also attend a regular early childhood program (A school only for students with disabilities - alternative schools are public schools if they include all students).

SEPARATE CLASS: majority of special education and related services are provided in a class intended primarily for children with disabilities.  Do not include children that also attend a regular early childhood program. 

RESIDENTIAL FACILITY: majority of special education and related services are provided in publicly or privately operated residential schools or residential medical facilities on an inpatient basis.  

OTHER: if the child attends neither a regular early childhood program nor a special education program, consider this section.

HOME: majority of special education and related services are provided in the principal residence of the child's family or caregiver. The term caregiver includes babysitters.

SERVICE PROVIDER LOCATION: majority of special education and related services are provided in a service provider location or some other location that is not in any other category. Examples include:

Speech instruction provided in a private clinician's office

Clinicians' offices located in a district

Hospital facilities on an outpatient basis

19.  IFSP (0-2) Service Provision Questions: 

What if the child isn’t available due to illness or cancellations? Are we obligated to make-up or fulfill all of the services listed on the IFSP at a later date? Yes, you are required to fulfill the IFSP as consented to – if at all possible, in working with the family’s schedule.  If you’ve offered to provide the services at a later date due to family cancellations/illnesses and the family still isn’t available to do so, then the team will need to document this so it’s evident that the team attempted to offer and provide the services at a later date but the family declined (insert reason) or continued to be unavailable for scheduling, etc.

What if the school district is on break? The team must fulfill the IFSP as consented to, as EDN is a year-round program.  This is why many teams utilize the 6 month window as you outlined above vs. weekly or monthly – to accommodate schedules of both the family and the provider.  

Do we have to offer services during those breaks knowing that most of our providers are also on break? You do not need to offer services during the break (short-term break only such as over the Thanksgiving or short-term Christmas break.  This does not apply to “summer breaks”) if the providers are unavailable – however teams still must fulfill the services as listed and consented to, on the IFSP.  Again, many teams do not list ‘weekly’ – they instead use ‘monthly’ or ‘every 6 months’ for these reasons.

• What if the IFSP is held early?  Are the number of services prorated since the full 6 month period didn't occur? If the IFSP meeting is held early (before the 6-month requirement) then the team is not obligated to fulfill the IFSP services, as consented to, in entirety – but should have fulfilled a reasonable, proportionate amount of services.  For instance, if the IFSP meeting is held at month 4 vs. month 6, then we would expect to see approx. 60% of the IFSP services delivered, unless there is documentation of a family delay, cancellation, etc.  It would be considered noncompliant if any delays were provider or district driven delays. 

1.  What do I do if a student does not have an ADVISER ID listed on SRS?

Contact should be made with the district. Each district has one person who generates and assigns those numbers. It is often the same person who submits the sped snapshot reports. In other cases, the sped contact (teacher/coordinator/director) is the one to speak to. It would be good for your team to identify what process each district in your area prefers. 

2.  If the MDT determines a child eligible but the family chooses not to start services (IFSP or IEP), does an ADVISER ID need to be assigned and added to SRS?

No, an ADVISER ID is only needed when a child is receiving services. 

1.  What do I do when a child receiving services leaves Nebraska, is served in another state and returns to Nebraska?

For 0-5 only, eligibility must be redetermined.  Thus, the case should be treated like an initial referral (NOT a re-evaluation).  Existing data can be used to determine eligibility.  An MDT meeting must occur followed by an IFSP/IEP meeting.     

2.  We just received notification that a child is moving to an ESU 1 district in two weeks.  The child has been receiving services for one year.  The "sending" district is sending a copy of the active IFSP, initial MDT and other EI records.  What is the next step in the process of "receiving" this child? 

The existing IFSP should be accepted through a periodic IFSP in order to update new providers and to ensure PSP service delivery is reflected on the IFSP.  A new RBI should also be done since a move is a major life event.  It is up to the team to decide if the RBI should happen right away or a couple weeks later once the child is acclimated to his/her new environment. 

3.  A child is receiving services in District A but will be temporarily residing in District B.  Does this student get transferred on SRS to District B?

The family maintains permanent residence within the boundaries of District A so District A continues to be the LEA and no transfer is needed. 

1.  What happens when a child turns 3?  Do we retest and hold an MDT meeting?

The child's 3rd birthday doesn't necessarily trigger the need to evaluate but the 3 year reevaluation timeline does. If a child was determined eligible according to Rule 52 (EI) while in Part C, they're now 3 years old and due for a reevaluation, consent to reevaluate should be obtained and the MDT will determine if the child continues to be eligible now under Rule 51 (Sped) criteria. 

2.  Who is responsible for writing a transition plan when a child is moving from an IFSP to an IEP?

Since the transition plan is an IFSP requirement, the Services Coordinator is responsible for writing the transition plan. However, it is a team's decision as to who is responsible for carrying out specific aspects of the plan.

3.  Is an evaluation required when a child currently receiving 0-5 services transitions to school-aged services?  

No, an evaluation is not required but could be conducted if needed. If the child continues to be eligible as a child with a disability in need of specialized instruction, no additional testing is needed. PSP providers have an accurate picture of the child's needs and and are able to create appropriate goals for the child as he/she begins kindergarten. Many districts conduct Kindergarten Roundup type activities the give classroom teachers additional information about child specific skills and skill deficits. Once the child begins kindergarten, school-aged providers can conduct additional testing and create different goals if it is deemed necessary. If the PSP or IEP teams determine that additional testing beyond the DAYC is needed to satisfy the requirement that we evaluate in all areas where we suspect a disability, those instruments should be administered by the PSP team. If a test is needed which the PSP team members cannot administer (e.g. IQ, ADOS), the local school psych should be consulted.

4.  How should services look the summer prior to a child entering kindergarten?  Who is responsible for these services?   

PSPs will provide services through July.  School-age teams will begin services in August when the child starts kindergarten.  

5.  A child turned 3 in the fall but his/her MDT is not due until the spring.  When the MDT reevaluation is conducted can the child stay on an IFSP or do they need to switch to an IEP?

If the parents want, the child can stay on an IFSP and in Part C services until August 31 after their 3rd birthday.  The family’s choice of remaining in Part C/IFSP until August 31st or moving into Part B/preschool services on the 3rd birthday would be documented on the Transition page of the IFSP. 

In instances like this where a child is due for a reevaluation and they are now 3 years old, the MDT should say the child is eligible for special education per Rule 51 and continues to be eligible for early intervention per Rule 52 through August 31 of that year.  Click HERE for MDT wording guidelines. 

6.  What resources are available from NDE with regard to early childhood transitions? 

Click HERE for access to the Nebraska Transition Toolkit

7.  What should IEP teams consider when a child on an IEP is preparing for Kindergarten? 

Click HERE for a kindergarten guidance letter and HERE for guidance on IEPs for 5-year-olds. 

8. Is it permissible to continue serving a child who has reached the age of kindergarten eligibility in an early childhood education program if the child’s IEP team has determined that setting to be the appropriate placement? 

Click HERE for NDE's response.

9. If a family wants to avoid meeting twice in a short period of time, can an IEP be held in conjunction with the last IFSP prior to transition? For example, if a 6 month review is due May 8th and a child's 3rd birthday is May 21st can an IFSP and IEP both be held on May 8th where the IFSP is written through August 31 with the IEP in effect starting September 1 and going through May 7th of the following year?  Can an IFSP and an IEP be active at the same time on SRS? 

• • Yes, this is an option (NOT required) as long as 

    1. 1. notice for both meetings is provided,

       2. the end date of the IFSP and the begin date of the IEP don't overlap,

       3. although the IEP meeting is held, services must be delayed until the last day of the IFSP and 

       4. the second IEP is held no later than the date of the previous year’s IFSP.  Both can be written/open on SRS at the same time as long as the dates do not overlap.

  • Both the IFSP and IEP would be finalized on SRS after the joint meetings even though IEP services are delayed.

  • The Part B SRS form "Notice and Consent for Initial Placement" would be completed the day of the meeting ("date of notice" and on _______ date on page 1 of the form would be the day of the meeting) and in the # 5. Other relevant factors textbox, fully explain that the Part B placement goes into effect the same day as the IEP. 

  • Again, this is only an option if your team and families are interested in reducing the number of meetings happening for transitions. 

10. If we are having an IFSP and IEP at the same time to avoid another meeting in a few months, should the impact statement be added to the IEP? It feels a little weird because we're saying that due to the child's disability there's an impact on education but we're still in Part C early intervention at the time of writing the IFSP and IEP. 

Yes, the impact statement should be added. It's best practice to add the impact statement to the IEP at the time of the meetings (even if the child is still receiving Part C services) to provide clarity for the IEP team and assist with implementation of the IEP goals. 

11. When explaining the similarities/differences in Part C and Part B to families, what are some key aspects to  highlight? 

A copy of the information found on the SRS Transition Notice can be found HERE. More specifically, Part C is all about natural environments whereas in Part B LRE applies.  FAPE applies to both Part C and Part B in Nebraska as children are entitled to FAPE from B-21 per state statute. In Part C children must be served in the natural environment. This means any place that is normal for an infant or toddler to be during their day. This could be home, childcare, the park, grandma’s house, or a preschool classroom. In Part B, teams are required to consider the ‘Least Restrictive Environment.’ This means that when appropriate, children should receive their special education services alongside children who do not have delays or disabilities. The IEP team should work together to determine what this means for for individual children, but it could be in a preschool classroom, home, childcare, etc. Sometimes schools offer children a spot in their preschool classroom, and this could meet the requirements under either Part C (natural environments) or Part B (LRE). A parent or team would not have to change to Part B/IEP just because the child is attending preschool as the preschool classroom is considered to be a natural environment under Part C regulations. 

Teams should also consider the other differences between Part C and Part B, such as guaranteed year-round services and assistance from a Services Coordinator in Part C that are not available under Part B regulations. In addition, IFSPs are reviewed at least every 6 months and IEPs are reviewed at a minimum once per year

When a child transitions to an IEP, the IEP team must determine the least restrictive environment in which the child will continue to access FAPE and receive IEP services per Rule 51 and IDEA Part B regulatory requirements.  LRE must be individualized and is a continuum from least restrictive to most restrictive which includes the following options (in order): 

General Education Classroom – least restrictive - (preschool classroom - at least 50% of children without IEP’s)

Special Education classroom (Preschool classroom – majority of children with IEP’s)

Special School

Home Instruction

Hospital/Residential Facility – most restrictive - (examples:  Ambassador or Madonna Rehab Center)

Specifically, the LRE requirement in IDEA necessitates that children with disabilities ages 3-21 receive their education alongside peers without disabilities to the maximum extent appropriate; and children with disabilities should not be removed from the general education classroom unless learning cannot be achieved even with the use of supplementary aids and services.  School districts cannot have a minimum age requirement for preschool enrollment for children with disabilities, such as age 4, nor can they turn children with disabilities away if they are not potty trained.  School districts are required to allow 3-year-olds on IEP’s to enroll in the district-operated preschool program in order to meet LRE regulatory requirements. 

In summary, the IEP team must make individualized decisions regarding the LRE placement for each child with a disability, and the IDEA presumes that the first placement option considered for a preschool child with a disability is the regular public preschool program the child would attend if the child did not have a disability.  If there is a public preschool program available, the district may choose to make FAPE available to a preschool child with a disability in the public preschool program. There are also a limited number of slots available in the district public preschool program.  In these situations, the district must explore alternative methods to ensure that the LRE requirements are met for each preschool child with a disability. These methods may include: (1) providing opportunities for the participation of preschool children with disabilities in preschool programs operated by public agencies other than school districts  (such as Head Start or community-based child care); (2) enrolling preschool children with disabilities in private preschool programs for nondisabled preschool children; (3) locating classes for preschool children with disabilities in regular public elementary schools; or (4) providing home-based services. If the district/IEP team determines that placement in a private preschool program is necessary for a child to receive FAPE, the district must make that program available at no cost to the parent.  Parents can decline these offers.  If that happens, teams would document the offer(s) and subsequent decisions on a PWN. 

Resources:

Federal Dear Colleague Letter related to Preschool LRE (2017) https://www.education.ne.gov/wp-content/uploads/2018/08/Federal-Dear-Colleague-Letter-DCL-related-to-Preschool-Least-Restrictive-Environment-LRE-2017.pdf

Federal Policy Statement on Inclusion of Children with Disabilities in Early Childhood Programs (2023) https://sites.ed.gov/idea/files/policy-statement-on-inclusion-11-28-2023.pdf

The EDN TA guide https://edn.ne.gov/cms/sites/default/files/u26/NETA-C-Guidebook-2024.pdf#page=80

1.  Do I need consent from parents if the PSP needs to bring a recording of the child back to the team?

Yes, the provider should obtain consent. However, it could be as simple as a handwritten note that the parent signs in your presence. The note should contain the following, "I give consent for my child to be recorded (video and/or audio) for educational purposes to be shared with the other team members". The note should be accompanied by a parental signature.  Preferably, this consent form would be used: 0-5 Digital Images Consent Form.

2.  How often do I need to update this consent?

Signed consent is only valid for one year.  Best practice is to have consent signed at annual IFSP/IEP meetings. 

1.  If a child between the ages of 3-5 has a disability and need for accommodations but no impact to education or need for SDI, what should the process be to initiate the 504 process?

The purpose of a 504 is to prevent discrimination.  Each district has a 504 coordinator and they should be made aware of the situation as soon as someone is determined not eligible under IDEA and there's suspicion a 504 would be appropriate. The eval under section 504 could include information from the IDEA eval but the plan itself  and the implementation of the plan would be the school's responsibility.  We could participate in the 504 evaluation, the meeting (accommodations, what the child needs, etc.) but participation would not be required and we would not be a part of implementing the 504. The big question the 504 team would have to consider is "is there a physical or mental impairment that limits a major life function".