Published by the Ohio Developmental Disabilities Council to bring disability 
issues and accomplishments to the attention of Ohioans. 
Quarterly 
Special Edition - Early Intervention - November 2011 
Published by the Ohio Developmental Disabilities Council to bring disability 
issues and accomplishments to the attention of Ohioans. 
Quarterly 
Special Edition - Early Intervention - November 2011 
This special edition of the DD Quarterly provides an overview of early intervention 
services based on changes made to the Part C regulations. Ohio Legal Rights Service 
supervising attorney Kristin Hildebrant, staff attorney Kristen Henry and disability 
rights advocate Earnestine Hargett contributed the content for this special edition. 

Revised regulations were published for Part C 
of The Individuals with Disabilities Education 
Improvement Act (IDEA), the portion of 
the IDEA that provides early intervention 
services to infants and toddlers (age birth 
through 2) with disabilities. The revised Part 
C regulations were published in the Federal 
Register (34 CFR Part 303) on September 
28, 2011 and went into effect on October 28, 
2011. 

Major themes have been addressed by the 
changes. These include making the Part C 
regulations more compatible with the language 
of the regulations in Part B of the IDEA and 
regulations included in the Elementary and 
Secondary Education Act (ESEA) and the 
Family Education Rights and Privacy Act 
(FERPA).Changes have occurred in the areas 
of confidentiality, procedural safeguards, 
parent/guardian definition, payment for 
services and the definition of scientifically 
based research. 

Part C Provisions 

Part C provides financial assistance to states 
to provide services to infants and toddlers with 
disabilities. Early intervention services are 
targeted to increase the capacity of families 
to care for their children with disabilities and 
are provided through a coordinated network 
of service providers. The services are driven by 
the needs of the family and the child and are 
documented through an Individualized Family 
Service Plan (IFSP). 

Unlike Part B of the IDEA which covers 
children ages 3 through 21 and entitles 
children with disabilities to a free and 
appropriate public education (FAPE), Part C 
early intervention services are not required 
to provide a FAPE. Instead, the purpose of 
these services is to enhance the development 
of infants and toddlers with disabilities and to 
minimize developmental delay. The ultimate 
goal of the program is to maximize the child’s 
potential for independent living as an adult. 

Part C Lead Agency in Ohio 

The state Department of Health, Bureau of 
Early Intervention Services, is the lead agency 
to administer the Part C Early Intervention 
program in Ohio. The program is part of Help 
Me Grow, a program that promotes the wellbeing 
of young children through home-based 
and specialized services, with an emphasis on 
early intervention and prevention. 

Part C Early Intervention 
ODDC Mission 

It is the mission of the Ohio Developmental Disabilities Council to create change that improves independence, 
productivity and inclusion in community life for people with disabilities and their families. 


Child Find

Child Find 

The law has always required the lead agency 
to develop an effective way of finding and 
evaluating children who might be in need of 
early intervention. This is called Child Find. 
However, the new regulations provide more 
specificity regarding the requirements for 
collaboration and outreach involving multiple 
agencies and programs and establish the 
framework for these enhanced Child Find 
activities. The framework involves three prongs: 

(1) pre-referral through public awareness and 
Child Find, (2) referral and (3) post-referral 
(screening, evaluation and the initial IFSP 
meeting). 
The lead agency must coordinate its Child Find 
efforts with the: 

• 
State agency responsible for 
administering the Child Abuse 
Prevention and Treatment Act; 
• 
Early Hearing Detection and Intervention 
system; 
• 
Home Visiting Program under Maternal 
and Child Health; 
• 
Children’s Health Insurance Program; 
• 
Child care programs; 
• 
Head Start, including Early Head Start; 
and 
• 
Social Security’s Supplemental Security 
Income program. 
Referral

Referral 

The law has always required a process for 
referring children to Part C services. Prior 
to the recent changes, referral was required 
within two business days. The law has changed 
to extend the referral timeline to no later 
than seven days after identifying that a child 
might be in need of services. The timeline was 
extended to provide more flexibility to primary 
referral sources. In addition to the agencies 
listed above, local agencies such as county 
boards of developmental disabilities, county 
departments of health, child care providers and 
preschools are partners in the referral process. 

New Optional Screening

New Optional Screening 

The regulations contain a new optional 
screening process which allows states the 
option to include screening as a part of the 
referral process. The purpose of the screen is 
to determine whether further evaluations and 
assessments are necessary to establish if a 
child is eligible for services. If a lead agency 
chooses the screening option, it must provide 
the parent with prior written notice of its intent 
to screen the child and obtain parental consent 
before administering the screening. The notice 
must explain the parents’ right to request an 
evaluation at any time during the screening 
process. 

Once the screening is completed, the lead 
agency must provide notice of the screening 
results to the parents, and, if the screening 
results indicate that the child is suspected 
of having a disability, the lead agency must 
conduct an evaluation after obtaining parental 
consent. 

If the screening results indicate that the child 
is not suspected of having a disability, the lead 
agency or early intervention service provider 
must ensure that notice of that determination 
is provided to the parent. The notice must 
include the parents’ right to request an 
evaluation at any time during the screening 
process, even if the screening suggests that the 
child is not suspected of having a disability. 

Regardless of whether the state chooses the 
screening option, within 45 days after the lead 
agency or early intervention service provider 
receives a referral, the child’s initial evaluation 
and initial assessments must be completed 
unless: 

• 
the child is unavailable due to family 
circumstances; or 
• 
the parent has not provided consent 
for the referral activities after repeated 
attempts by the early intervention service 
provider to obtain it. 
Either of these circumstances must be 
documented in the child’s early intervention 
record. 

DD Quarterly Special Edition - Early Intervention - November 2011 


Eligibility Evaluation

Eligibility Evaluation 

The law has always required the lead agency to ensure 
a timely, comprehensive multidisciplinary evaluation to 
establish eligibility and the regulations contain no changes 
to this process. Eligibility can be established without an 
evaluation of the child through a child’s medical records 
if the records document functional deficits in one or 
more developmental areas or a condition that has a high 
probability of resulting in a developmental delay. If medical 
records are used to establish eligibility, the agency must 
still conduct an assessment of the child and family to 
determine the need for services. 

Informed clinical opinion must be used when conducting 
an evaluation and assessment of a child. It may be used 
as an independent basis to establish eligibility even when 
other evaluation instruments do not establish eligibility. 
However, an informed clinical opinion may not be used 
to negate the results of an evaluation instrument which 
confirm eligibility. Only children who meet the definition of 
an infant or toddler with a disability under the regulations 
are entitled to early intervention services. 


Improving the lives of 
Ohioans with disabilities 
The Ohio Developmental 
Disabilities Council is 
a group of 35 people, 
appointed by the 
governor, who plan and 
advocate for Ohioans 
with disabilities. ODDC 
receives federal funds 
and distributes those 
funds by awarding 
grants for projects and 
activities that create 
visions, influence 
public policy, pilot new 
approaches, empower 
individuals and families, 
and advocate system 
change. 
899 East Broad Street 
Suite 203 
Columbus, OH 43205 
Voice: (614) 466-5205 
(800) 766-7426 
(Toll free in Ohio) 
TTY: (614) 644-5530 
Fax: (614) 466-0298 
www.ddc.ohio.gov 
DD Quarterly Special Edition - Early Intervention - November 2011 


What’s required in an IFSP?

What’s required in an IFSP? 

An Individualized Family Service Plan (IFSP) is a written plan for providing early intervention 
services to an infant or toddler with a disability. The IFSP is (1) based on the evaluation and 
assessment; (2) includes information about the child’s present levels of development, the family’s 
resources, priorities and concerns, measurable outcomes and specific services; (3) implemented as 
soon as possible once parental consent for the early intervention services in the IFSP is obtained; 
and (4) developed in accordance with the IFSP procedures. 

The Part C regulations specify the procedures that state lead agencies and early intervention service 
providers must follow to develop, review and revise an IFSP for each child. Each IFSP must include 
the following information: 

• 
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 Part C). The service coordinator is responsible for the implementation 
of the early intervention services identified in the IFSP, including transition services and 
coordination with other agencies and persons. The service coordinator serves as the single 
point of contact for families. 
• 
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 based on the information from the child’s evaluation 
and assessments. 
• 
With the agreement of the family, a statement of the family’s resources, priorities, and 
concerns related to enhancing the development of the child as identified through the 
assessment of the family. 
• 
A statement of the measurable results or measurable outcomes expected to be achieved 
for the child (including pre-literacy and language skills, as developmentally appropriate for 
the child) and family, and the criteria, procedures, and timelines used to determine: (1) The 
degree to which progress toward achieving the results or outcomes identified in the IFSP is 
being made; and (2) whether modifications or revisions of the expected results or outcomes, 
or early intervention services identified in the IFSP, are necessary. 
• 
A statement of the specific early intervention services, based on peer-reviewed research (to the 
extent practicable), that are necessary to meet the unique needs of the child and the family 
to achieve the results or outcomes identified above, including the beginning date, length, 
duration, frequency, intensity, method of delivering and location of the early intervention 
services. 
• 
A statement that each early intervention service is provided in the natural environment 
for that child to the maximum extent appropriate, or a justification as to why an early 
intervention service will not be provided in the natural environment. 
• 
For children who are at least three years of age, a statement of the educational component 
that promotes school readiness and incorporates pre-literacy, language and numeracy skills. 
• 
To the extent appropriate, with regard to medical and other services, identification of those 
services that the child and family needs or is receiving through other sources, but that are 
neither required nor funded under Part C.If those services are not currently being provided, 
a description is included of the steps the service coordinator or family may take to assist the 
child and family in securing those other services. 
• 
Payment arrangements and identification of potential funding sources. 
DD Quarterly Special Edition - Early Intervention - November 2011 


Service Coordination

Service Coordination 

Service coordination involves having a service 
coordinator work with the child and the child’s 
family to help maximize the use of resources 
from multiple service providers and systems 
to meet the individual needs of the child and 
family. A change in the new regulations states 
although a service coordinator is responsible 
for coordinating the funding sources for 
services, the service coordinator is no longer 
required to coordinate funding for other 
services identified in the IFSP that are not 
required to be provided under Part C. 

Other service coordination services remain the 
same in the regulations and include: 

• 
Coordinating evaluations and 
assessments; 
• 
Facilitating and participating in the 
development, review, and evaluation of 
IFSPs; 
• 
Assisting parents of infants and toddlers 
with disabilities in obtaining access to 
needed early intervention services and 
other services identified in the IFSP, 
including making referrals to providers 
and scheduling appointments; 
• 
Monitoring the delivery of services 
required to ensure that the services are 
provided in a timely manner; 
• 
Informing families of their rights and 
procedural safeguards; and 
• 
Facilitating the development of a 
transition plan to preschool, school or to 
other services. 
ansitionT
TTr
rransition 

The transition requirements in the new 
regulations have changed both in timelines and 
content. 

Transition services ensure that children 
continue to receive services and support as 
they move within and between service delivery 
systems. One such transition is when a 
child moves from early intervention services 
to preschool services. This occurs when the 
child nears the age of three and the services 
can include a transition to special education 
preschool programs under Part B of the IDEA, 
Head Start programs and public or private 
preschool programs. 

The new regulations change the timeline 
for transition planning to require that the 
transition plan be established at least 90 days 
prior to the child’s third birthday, or not more 
than 9 months before the child’s third birthday 
at the discretion of the team members. The new 
regulations require the meeting to be held in 
accordance with requirements for accessibility, 
convenience, consent and participation of 
all necessary parties. If a child is referred for 
early intervention services less than 45 days 
before his or her third birthday, an evaluation 
or assessment is not required for Part C, but 
the lead agency must still notify the state 
department of education and local school 
district if the child may be eligible for Part B 
preschool services for children with disabilities. 

The new regulations clarify that the transition 
plan is not a separate document and must be 
included in the IFSP. With approval from the 
family, the transition plan and the transition 
conference can take place at the same time as 
long as the meeting is conducted in accordance 
with the IFSP meeting and periodic review 
requirements. Service coordination must be 
provided to develop a transition plan for all 
infants and toddlers with disabilities leaving 
Part C regardless if they are suspected of 
eligibility for Part B. 

The content requirements have also changed 
to require the agency to notify parents of the 
agency’s intention to share information about 
the child and family with the state department 
of education and local school district as it 

DD Quarterly Special Edition - Early Intervention - November 2011 


relates to the child’s potential eligibility for 
Part B services. The regulations allow states 
to adopt an opt-out policy that permits the 
parents to object to the disclosure of personally 
identifiable information about the child and 
family. When information for children who are 
potentially eligible for Part B services is shared 
with the local school district, the local school 
district must provide the parents with notice of 
their procedural safeguard rights. 

The new regulations state that the family of a 
toddler who is receiving services under Part 
C must be included in the development of the 
transition plan along with the lead agency 
and the local school district. If the child is not 
potentially eligible for Part B services and the 
family approves, reasonable efforts need to be 
made to hold a meeting with other appropriate 
service providers where the child and family 
may be served, such as Head Start or other 
preschool options. 

Procedural Safeguards

Procedural Safeguards 

The requirements for minimum state complaint 
procedures have been changed to facilitate 
the voluntary resolution of complaints. More 
leeway has been provided in giving extensions 
of the complaint and due process timelines to 
encourage mediation. In addition, a complaint 
must allege a violation that occurred not more 
than one year prior to the date the complaint is 
received. 

The regulations continue to have extensive 
requirements for procedural safeguards 
to ensure that the rights of children and 
parents are protected and to create a system 
for resolving complaints. In general, those 
procedural safeguards include: 

Notice: The parents must receive prior written 
notice in their native language of any action 
proposed or refused by the early intervention 
provider. The notice must inform of the 
procedural safeguards that are available if the 
parents disagree with the action. 

Consent: The early intervention provider must 
obtain the parents’ consent before screening, 
evaluating, or assessing the child, providing 
services to the child or accessing insurance to 
pay for services to the child. 

Confidentiality: Personally identifiable 
information (for the child and family) must be 
kept confidential, and can only be released 
with the parents’ written consent. 

Access to the child’s record: Parents have 
the right to review their child’s records, or to 
have a representative review the records. If 
requested, the agency must provide the parents 
with one copy of the child’s records at no cost. 

The regulations also have dispute resolution 
procedures, including: 

Mediation: If the parents have a dispute, even 
if a complaint has not been filed, they and 
the early intervention provider may choose 
to participate in mediation. Mediation is a 
voluntary process conducted by an impartial 
mediator who facilitates discussion and 
settlement between the parties. 

State complaint: If the parents file a 
complaint, the state agency must investigate 
the complaint and issue a written decision 
within 60 days. If the decision is in the parents’ 
favor, it must include corrective action. 

Due process hearing: Parents may request 
a due process hearing, in which they present 
their complaint and evidence to an impartial 
hearing officer, who issues a written decision. If 
this process does not end in the parents’ favor, 
they can file a lawsuit in state or federal court. 


DD Quarterly Special Edition - Early Intervention - November 2011 


ayment for EI Services

P
PPayment for EI Services 

The new regulations change the consent 
requirements for a child who is already enrolled 
in public health benefits like Medicaid. The 
early intervention service provider must now 
only obtain consent from the parents before 
billing services to public benefits, if the child 
or family will experience a loss or decrease of 
benefits, experience increased costs or risk 
the loss of the child’s eligibility for home and 
community based waivers. If a child is eligible 
for public benefits like Medicaid, but is not 
enrolled, the agency 
cannot require the 
child to enroll in 
order to receive 
services. 

The regulations 
continue to 
require the state to 
establish policies 
called a “system 
of payments” 
which set forth the 
payment system for 
early intervention 
services. Part of this system includes family 
fees or costs including direct payment for 
services through a schedule of sliding fees. 
The state has a responsibility for establishing 
the payment schedule and definitions for 
the ability and inability of a family to pay for 
services. The regulations state that the inability 
to pay shall not result in the delay or denial of 
Part C services. 

Part C is still considered the “payor of last 
resort,” for early intervention services, which 
means that all other sources of payment 
must be exhausted first. Other sources of 
payment may include private insurance, public 
insurance (Medicaid), local programs, private 
organizations and payments by families such 
as sliding fees, co-payments, premiums or 
deductibles. 

Early intervention service providers are not 
permitted to use a family’s private insurance 
as a funding source unless the parent 
provides written consent. Before providing 
consent, parents should consider whether 
billing services to their private insurance will 

impact annual or lifetime caps on coverage, 
the availability of insurance, and the cost of 
premiums under their insurance plan. 

If a parent consents to billing private or 
public insurance for services, and the 
parent is required to pay any co-payment or 
deductible, those costs must be considered 
in the state’s system of payments. If a parent 
does not provide consent to bill private or 
public insurance for services, the agency must 
continue to provide services that the parent 
has given consent for the child to receive. 

Looking Ahead

Looking Ahead 

It is unclear whether Ohio 
will implement the non-
mandatory provisions of the 
Part C regulatory changes 
e.g., the option to include 
screening as part of the 
referral process. Also, Ohio 
will have to review and 
revise its current early 
intervention policies to align 
with the required changes 
in the new regulations, 

including making the necessary changes 
regarding the use of public insurance to pay for 
early intervention services. It is not known how 
long this process will take. 

In addition, Ohio is currently examining its 
eligibility criteria for early intervention services, 
especially medical conditions which have a 
high probability of resulting in developmental 
delay. 

When the U.S. Department of Education 
released the new regulations, the agency 
also announced that due to the economic 
changes many states have experienced since 
the publication of the Notice of Proposed 
Rulemaking in May 2007, they will be seeking 
comment in 2012 on the issue of “maintenance 
of effort.” Currently, states are required to 
allocate for the current year’s funding at 
least the same amount of funding for early 
intervention services that was spent the 
previous year. Due to budget cuts, many states 
have asked the Department to change this 
requirement. 

DD Quarterly Special Edition - Early Intervention - November 2011 


Improving the lives of 
Ohioans with disabilities 



DD Quarterly is produced by 
the Ohio Legal Rights Service. 

DD Quarterly can be viewed 
at www.ddc.ohio.gov or at 
www.olrs.ohio.gov 

To share your comments or 
suggestions, contact Kim 
McConnell at LRS: 

Voice: (614) 466-7264 

(800) 282-9181 
(Toll free in Ohio) 
TTY: (614) 728-2553 
(800) 858-3542 
(Toll free in Ohio) 
Fax: (614) 644-1888 

Email: newsletter@olrs. 
state.oh.us 

Copyright © 2011 

Content may be reprinted 
upon request. 

Early Invention Resourcesarly Invention Resources 
IDEA Infant & Toddler Coordinators 
Association 
2011 Part C Regulations 
http://www.ideainfanttoddler.org/ 
regulations.htm 
Office of Special Education Programs 
Overview and Discussion of 2011 Part 
C Regulations 
http://osep-part-c.tadnet.org/materials 
Council for Exceptional Children 
Individuals with Disabilities Education 
Act Resources 
http://www.cec.sped.org/Content/ 
NavigationMenu/PolicyAdvocacy/ 
IDEAResources/default.htm 
The Division of Early Childhood 
IDEA Part C Changes 
http://www.dec-sped.org/ 
PolicyAdvocacy/IDEA_Part_C_Changes 
Ohio Department of Health 
Help Me Grow 
http://www.ohiohelpmegrow.org/ 
DD Quarterly Special Edition - Early Intervention - November 2011