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34 C.F.R. §§ 303.301–303.320

7 sections in range

§303.301. Public awareness program—information for parents.

34 C.F.R. § 303.301

(a)
Preparation and dissemination. In accordance with § 303.116, each system must include a public awareness program that requires the lead agency to—
(1)
(i)
Prepare information on the availability of early intervention services under this part, and other services, as described in paragraph (b) of this section; and
(ii)
Disseminate to all primary referral sources (especially hospitals and physicians) the information to be given to parents of infants and toddlers, especially parents with premature infants or infants with other physical risk factors associated with learning or developmental complications; and
(2)
Adopt procedures for assisting the primary referral sources described in § 303.303(c) in disseminating the information described in paragraph (b) of this section to parents of infants and toddlers with disabilities.
(b)
Information to be provided. The information required to be prepared and disseminated under paragraph (a) of this section must include—
(1)
A description of the availability of early intervention services under this part;
(2)
A description of the child find system and how to refer a child under the age of three for an evaluation or early intervention services; and
(3)
A central directory, as described in § 303.117.
(c)
Information specific to toddlers with disabilities. Each public awareness program also must include a requirement that the lead agency provide for informing parents of toddlers with disabilities of the availability of services under section 619 of the Act not fewer than 90 days prior to the toddler's third birthday.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.

§303.302. Comprehensive child find system.

34 C.F.R. § 303.302

(a)
General. Each system must include a comprehensive child find system that—
(1)
Is consistent with part B of the Act (see 34 CFR 300.111);
(2)
Includes a system for making referrals to lead agencies or EIS providers under this part that—
(i)
Includes timelines; and
(ii)
Provides for participation by the primary referral sources described in § 303.303(c);
(3)
Ensures rigorous standards for appropriately identifying infants and toddlers with disabilities for early intervention services under this part that will reduce the need for future services; and
(4)
Meets the requirements in paragraphs (b) and (c) of this section and §§ 303.303, 303.310, 303.320, and 303.321.
(b)
Scope of child find. The lead agency, as part of the child find system, must ensure that—
(1)
All infants and toddlers with disabilities in the State who are eligible for early intervention services under this part are identified, located, and evaluated, including—
(i)
Indian infants and toddlers with disabilities residing on a reservation geographically located in the State (including coordination, as necessary, with tribes, tribal organizations, and consortia to identify infants and toddlers with disabilities in the State based, in part, on the information provided by them to the lead agency under § 303.731(e)(1)); and
(ii)
Infants and toddlers with disabilities who are homeless, in foster care, and wards of the State; and
(iii)
Infants and toddlers with disabilities that are referenced in § 303.303(b); and
(2)
An effective method is developed and implemented to identify children who are in need of early intervention services.
(c)
Coordination.
(1)
The lead agency, with the assistance of the Council, as defined in § 303.8, must ensure that the child find system under this part—
(i)
Is coordinated with all other major efforts to locate and identify children by other State agencies responsible for administering the various education, health, and social service programs relevant to this part, including Indian tribes that receive payments under this part, and other Indian tribes, as appropriate; and
(ii)
Is coordinated with the efforts of the—
(A)
Program authorized under part B of the Act;
(B)
Maternal and Child Health program, including the Maternal, Infant, and Early Childhood Home Visiting Program, under Title V of the Social Security Act, as amended, (MCHB or Title V) (42 U.S.C. 701(a));
(C)
Early Periodic Screening, Diagnosis, and Treatment (EPSDT) under Title XIX of the Social Security Act (42 U.S.C. 1396(a)(43) and 1396(a)(4)(B));
(D)
Programs under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.);
(E)
Head Start Act (including Early Head Start programs under section 645A of the Head Start Act) (42 U.S.C. 9801 et seq.);
(F)
Supplemental Security Income program under Title XVI of the Social Security Act (42 U.S.C. 1381);
(G)
Child protection and child welfare programs, including programs administered by, and services provided through, the foster care agency and the State agency responsible for administering the Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C. 5106(a));
(H)
Child care programs in the State;
(I)
The programs that provide services under the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.);
(J)
Early Hearing Detection and Intervention (EHDI) systems (42 U.S.C. 280g-1) administered by the Centers for Disease Control (CDC); and
(K)
Children's Health Insurance Program (CHIP) authorized under Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).
(2)
The lead agency, with the advice and assistance of the Council, must take steps to ensure that—
(i)
There will not be unnecessary duplication of effort by the programs identified in paragraph (c)(1)(ii) of this section; and
(ii)
The State will make use of the resources available through each public agency and EIS provider in the State to implement the child find system in an effective manner.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.

§303.303. Referral procedures.

34 C.F.R. § 303.303

(a)
General.
(1)
The lead agency's child find system described in § 303.302 must include the State's procedures for use by primary referral sources for referring a child under the age of three to the part C program.
(2)
The procedures required in paragraph (a)(1) of this section must—
(i)
Provide for referring a child as soon as possible, but in no case more than seven days, after the child has been identified; and
(ii)
Meet the requirements in paragraphs (b) and (c) of this section.
(b)
Referral of specific at-risk infants and toddlers. The procedures required in paragraph (a) of this section must provide for requiring the referral of a child under the age of three who—
(1)
Is the subject of a substantiated case of child abuse or neglect; or
(2)
Is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.
(c)
Primary referral sources. As used in this subpart, primary referral sources include—
(1)
Hospitals, including prenatal and postnatal care facilities;
(2)
Physicians;
(3)
Parents, including parents of infants and toddlers;
(4)
Child care programs and early learning programs;
(5)
LEAs and schools;
(6)
Public health facilities;
(7)
Other public health or social service agencies;
(8)
Other clinics and health care providers;
(9)
Public agencies and staff in the child welfare system, including child protective service and foster care;
(10)
Homeless family shelters; and
(11)
Domestic violence shelters and agencies.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.

§303.304-303.309. Reserved

34 C.F.R. § 303.304-303.309

Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.

§303.310. Post-referral timeline (45 days).

34 C.F.R. § 303.310

(a)
Except as provided in paragraph (b) of this section, any screening under § 303.320 (if the State has adopted a policy and elects, and the parent consents, to conduct a screening of a child); the initial evaluation and the initial assessments of the child and family under § 303.321; and the initial IFSP meeting under § 303.342 must be completed within 45 days from the date the lead agency or EIS provider receives the referral of the child.
(b)
Subject to paragraph (c) of this section, the 45-day timeline described in paragraph (a) of this section does not apply for any period when—
(1)
The child or parent is unavailable to complete the screening (if applicable), the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due to exceptional family circumstances that are documented in the child's early intervention records; or
(2)
The parent has not provided consent for the screening (if applicable), the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the lead agency or EIS provider to obtain parental consent.
(c)
The lead agency must develop procedures to ensure that in the event the circumstances described in (b)(1) or (b)(2) of this section exist, the lead agency or EIS provider must—
(1)
Document in the child's early intervention records the exceptional family circumstances or repeated attempts by the lead agency or EIS provider to obtain parental consent;
(2)
Complete the screening (if applicable), the initial evaluation, the initial assessments (of the child and family), and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described in paragraph (b)(1) of this section no longer exist or parental consent is obtained for the screening (if applicable), the initial evaluation, and the initial assessment of the child; and
(3)
Develop and implement an interim IFSP, to the extent appropriate and consistent with § 303.345.
(d)
The initial family assessment must be conducted within the 45-day timeline in paragraph (a) of this section if the parent concurs and even if other family members are unavailable.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.

§303.311-303.319. Reserved

34 C.F.R. § 303.311-303.319

Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.

§303.320. Screening procedures (optional).

34 C.F.R. § 303.320

(a)
General.
(1)
The lead agency may adopt procedures, consistent with the requirements of this section, to screen children under the age of three who have been referred to the part C program to determine whether they are suspected of having a disability under this part. If the lead agency or EIS provider proposes to screen a child, it must—
(i)
Provide the parent notice under § 303.421 of its intent to screen the child to identify whether the child is suspected of having a disability and include in that notice a description of the parent's right to request an evaluation under § 303.321 at any time during the screening process; and
(ii)
Obtain parental consent as required in § 303.420(a)(1) before conducting the screening procedures.
(2)
If the parent consents to the screening and the screening or other available information indicates that the child is—
(i)
Suspected of having a disability, after notice is provided under § 303.421 and once parental consent is obtained as required in § 303.420, an evaluation and assessment of the child must be conducted under § 303.321; or
(ii)
Not suspected of having a disability, the lead agency or EIS provider must ensure that notice of that determination is provided to the parent under § 303.421, and that the notice describes the parent's right to request an evaluation.
(3)
If the parent of the child requests and consents to an evaluation at any time during the screening process, evaluation of the child must be conducted under § 303.321, even if the lead agency or EIS provider has determined under paragraph (a)(2)(ii) of this section that the child is not suspected of having a disability.
(b)
Definition of screening procedures. Screening procedures—
(1)
Means activities under paragraphs (a)(1) and (a)(2) of this section that are carried out by, or under the supervision of, the lead agency or EIS provider to identify, at the earliest possible age, infants and toddlers suspected of having a disability and in need of early intervention services; and
(2)
Includes the administration of appropriate instruments by personnel trained to administer those instruments.
(c)
Condition for evaluation or early intervention services. For every child under the age of three who is referred to the part C program or screened in accordance with paragraph (a) of this section, the lead agency is not required to—
(1)
Provide an evaluation of the child under § 303.321 unless the child is suspected of having a disability or the parent requests an evaluation under paragraph (a)(3) of this section; or
(2)
Make early intervention services available under this part to the child unless a determination is made that the child meets the definition of infant or toddler with a disability under § 303.21.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.