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20 U.S.C. § 1436 — Individualized family service plan
Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessment and program development** A statewide system described in [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall provide, at a minimum, for each infant or toddler with a disability, and the infant’s or toddler’s family, to receive—
(1) a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs;
(2) a family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the infant or toddler; and
(3) a written individualized family service plan developed by a multidisciplinary team, including the parents, as required by subsection (e), including a description of the appropriate transition services for the infant or toddler.
**(b) Periodic review** The individualized family service plan shall be evaluated once a year and the family shall be provided a review of the plan at 6-month intervals (or more often where appropriate based on infant or toddler and family needs).
**(c) Promptness after assessment** The individualized family service plan shall be developed within a reasonable time after the assessment required by subsection (a)(1) is completed. With the parents’ consent, early intervention services may commence prior to the completion of the assessment.
**(d) Content of plan** The individualized family service plan shall be in writing and contain—
(1) a statement of the infant’s or toddler’s present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive d
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1436
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Source file: Laws/federal/codes/united-states-code/title-20/section-1436-individualized-family-service-plan--2098002798.md
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Source location: Title 20, Chapter 33, § 1436; chapter-033-education-of-individuals-with-disabilities.md
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**(a) Assessment and program development** A statewide system described in [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall provide, at a minimum, for each infant or toddler with a disability, and the infant’s or toddler’s family, to receive—
(1) a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs;
(2) a family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the infant or toddler; and
(3) a written individualized family service plan developed by a multidisciplinary team, including the parents, as required by subsection (e), including a description of the appropriate transition services for the infant or toddler.
**(b) Periodic review** The individualized family service plan shall be evaluated once a year and the family shall be provided a review of the plan at 6-month intervals (or more often where appropriate based on infant or toddler and family needs).
**(c) Promptness after assessment** The individualized family service plan shall be developed within a reasonable time after the assessment required by subsection (a)(1) is completed. With the parents’ consent, early intervention services may commence prior to the completion of the assessment.
**(d) Content of plan** The individualized family service plan shall be in writing and contain—
(1) a statement of the infant’s or toddler’s present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive development, based on objective criteria;
(2) a statement of the family’s resources, priorities, and concerns relating to enhancing the development of the family’s infant or toddler with a disability;
(3) a statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre-literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary;
(4) a statement of specific early intervention services based on peer-reviewed research, to the extent practicable, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of delivering services;
(5) a statement of the natural environments in which early intervention services will appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment;
(6) the projected dates for initiation of services and the anticipated length, duration, and frequency of the services;
(7) the identification of the service coordinator from the profession most immediately relevant to the infant’s or toddler’s or family’s needs (or who is otherwise qualified to carry out all applicable responsibilities under this subchapter) who will be responsible for the implementation of the plan and coordination with other agencies and persons, including transition services; and
(8) the steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services.
**(e) Parental consent** The contents of the individualized family service plan shall be fully explained to the parents and informed written consent from the parents shall be obtained prior to the provision of early intervention services described in such plan. If the parents do not provide consent with respect to a particular early intervention service, then only the early intervention services to which consent is obtained shall be provided.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall, in accordance with this subchapter, make grants to States (from their allotments under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1443&num=0&edition=prelim)) to assist each State to maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1433
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Assistive technology device**
(A) *In general* — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.
(B) *Exception* — The term does not include a medical device that is surgically implanted, or the replacement of such device.
(2) **Assistive technology service** — The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes—
(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment;
(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;
(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(E) training or technical assistance for such child, or, where appropriate, the family of such child; and
(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child.
(3) **Child with a disability**
(A) *In general* — The term “child with a disabil
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Evaluations, parental consent, and reevaluations**
(1) **Initial evaluations**
(A) *In general* — A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evaluation in accordance with this paragraph and subsection (b), before the initial provision of special education and related services to a child with a disability under this subchapter.
(B) *Request for initial evaluation* — Consistent with subparagraph (D), either a parent of a child, or a State educational agency, other State agency, or local educational agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.
(C) *Procedures*
(i) *In general* — Such initial evaluation shall consist of procedures—
(I) to determine whether a child is a child with a disability (as defined in 1401 of this title) within 60 days of receiving parental consent for the evaluation, or, if the State establishes a timeframe within which the evaluation must be conducted, within such timeframe; and
(II) to determine the educational needs of such child.
(ii) *Exception* — The relevant timeframe in clause (i)(I) shall not apply to a local educational agency if—
(I) a child enrolls in a school served by the local educational agency after the relevant timeframe in clause (i)(I) has begun and prior to a determination by the child’s previous local educational agency as to whether the child is a child with a disability (as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim)), but only if the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evalua
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1414
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **At-risk infant or toddler** — The term “at-risk infant or toddler” means an individual under 3 years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual.
(2) **Council** — The term “council” means a State interagency coordinating council established under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1441&num=0&edition=prelim).
(3) **Developmental delay** — The term “developmental delay”, when used with respect to an individual residing in a State, has the meaning given such term by the State under [section 1435(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435/a/1&num=0&edition=prelim).
(4) **Early intervention services** — The term “early intervention services” means developmental services that—
(A) are provided under public supervision;
(B) are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees;
(C) are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team, in any 1 or more of the following areas:
(i) physical development;
(ii) cognitive development;
(iii) communication development;
(iv) social or emotional development; or
(v) adaptive development;
(D) meet the standards of the State in which the services are provided, including the requirements of this subchapter;
(E) include—
(i) family training, counseling, and home visits;
(ii) special instruction;
(iii) speech-language pathology and audiology services, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1432
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A statewide system described in [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall include, at a minimum, the following components:
(1) A rigorous definition of the term “developmental delay” that will be used by the State in carrying out programs under this subchapter in order to appropriately identify infants and toddlers with disabilities that are in need of services under this subchapter.
(2) A State policy that is in effect and that ensures that appropriate early intervention services based on scientifically based research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State and infants and toddlers with disabilities who are homeless children and their families.
(3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such an infant or toddler, to assist appropriately in the development of the infant or toddler.
(4) For each infant or toddler with a disability in the State, an individualized family service plan in accordance with [section 1436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1436&num=0&edition=prelim), including service coordination services in accordance with such service plan.
(5) A comprehensive child find system, consistent with subchapter II, including a system for making referrals to service providers that includes timelines and provides for participation by pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1435
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, on a competitive basis, shall award grants to, or enter into contracts or cooperative agreements with, eligible entities to carry out 1 or more of the following objectives:
(1) To help address the needs identified in the State plan described in [section 1453(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1453/a/2&num=0&edition=prelim) for personnel, as defined in [section 1451(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1451/b&num=0&edition=prelim), who meet the applicable requirements described in [section 1412(a)(14) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/14&num=0&edition=prelim), to work with infants or toddlers with disabilities, or children with disabilities, consistent with the qualifications described in [section 1412(a)(14) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/14&num=0&edition=prelim).
(2) To ensure that those personnel have the necessary skills and knowledge, derived from practices that have been determined, through scientifically based research, to be successful in serving those children.
(3) To encourage increased focus on academics and core content areas in special education personnel preparation programs.
(4) To ensure that regular education teachers have the necessary skills and knowledge to provide instruction to students with disabilities in the regular education classroom.
(5) To ensure that all special education teachers meet the qualifications described in [section 1412(a)(14)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/14/C&num=0&edition=pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1463
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment by regulation of minimum allotment formula; criteria** The Director shall by regulation establish a formula for determining the minimum allotment of funds necessary for the operation of each school in the defense dependents’ education system. In establishing such formula, the Director shall take into consideration—
(1) the number of students served by a school and the size of the school;
(2) special cost factors for a school, including—
(A) geographic isolation of the school,
(B) a need for special staffing, transportation, or educational programs at the school, and
(C) unusual food and housing costs,
(3) the cost of providing academic services of a high quality as required by [section 921(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section921/b/1&num=0&edition=prelim); and
(4) such other factors as the Director considers appropriate.
**(b) Issuance, etc., of regulations** Any regulation under subsection (a) shall be issued, and shall become effective, in accordance with the procedures applicable to regulations required to be issued by the Secretary of Education in accordance with [section 1232 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232&num=0&edition=prelim).
**(c) Applicability of certain provisions**
(1) **Children with disabilities** — Notwithstanding the provisions of [section 921(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section921/b/3&num=0&edition=prelim), the provisions of part B of the Individuals with Disabilities Education Act [[20 U.S.C. 1411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1411&num=0&edition=prelim) et seq.], other than the funding a
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 927
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Federal law — U.S. Code and appendices · legal_authorities
Page 991
TITLE 20—EDUCATION
§ 1437
amended Pub. L. 111–320, title II, § 202(b), Dec. 20,
2010, 124 Stat. 3509.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1435, Pub. L. 91–230, title VI, § 635, as
added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat.
108, related to requirements for statewide system, prior
to the general amendment of subchapters I to IV of this
chapter by Pub. L. 108–446.
Another prior section 1435, Pub. L. 91–230, title VI,
§ 635, Apr. 13, 1970, 84 Stat. 185; Pub. L. 98–199, §§ 3(b), 11,
Dec. 2, 1983, 97 Stat. 1358, 1372; Pub. L. 99–457, title III,
§ 311, Oct. 8, 1986, 100 Stat. 1169; Pub. L. 101–476, title IV,
§ 405, Oct. 30, 1990, 104 Stat. 1135; Pub. L. 102–119,
§§ 9(c)(2), 10, 25(a)(13), Oct. 7, 1991, 105 Stat. 595, 606, au-
thorized appropriations, prior to the general amend-
ment of subchapters I to IV of this chapter by Pub. L.
105–17.
AMENDMENTS
2010—Subsec. (c)(2)(G). Pub. L. 111–320 substituted
‘‘section 10402 of title 42’’ for ‘‘section 10421 of title 42’’.
§ 1436. Individualized family service plan
(a) Assessment and program development
A statewide system described in section 1433 of
this title shall provide, at a minimum, for each
infant or toddler with a disability, and the in-
fant’s or toddler’s family, to receive—
(1) a multidisciplinary assessment of the
unique strengths and needs of the infant or
toddler and the identification of services ap-
propriate to meet such needs;
(2) a family-directed assessment of the re-
sources, priorities, and concerns of the family
and the identification of the supports and
services necessary to enhance the family’s ca-
pacity to meet the developmental needs of the
infant or toddler; and
(3) a written individualized family service
plan developed by a multidisc
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1436
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.