20 U.S.C. § 1436 — Individualized family service plan

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 multidisciplinary team, including the parents, as required by sub- section (e), including a description of the ap- propriate 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 inter- vals (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 as- sessment required by subsection (a)(1) is com- pleted. With the parents’ consent, early inter- vention 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, cog- nitive development, communication develop- ment, social or emotional development, and adaptive development, based on objective cri- teria; (2) a statement of the family’s resources, priorities, and concerns relating to enhancing the development of the family’s infant or tod- dler with a disability; (3) a statement of the measurable results or outcomes expected to be achieved for the in- fant or toddler and the family, including pre- literacy and language skills, as develop- mentally appropriate for the child, and the criteria, procedures, and timelines used to de- termine 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 nec- essary; (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 ap- propriately be provided, including a justifica- tion of the extent, if any, to which the services will not be provided in a natural environment; (6) the projected dates for initiation of serv- ices and the anticipated length, duration, and frequency of the services; (7) the identification of the service coordi- nator 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 im- plementation of the plan and coordination with other agencies and persons, including transition services; and (8) the steps to be taken to support the tran- sition of the toddler with a disability to pre- school or other appropriate services. (e) Parental consent The contents of the individualized family serv- ice 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. (Pub. L. 91–230, title VI, § 636, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2751.) Editorial Notes PRIOR PROVISIONS A prior section 1436, Pub. L. 91–230, title VI, § 636, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 111, related to individualized family service plans, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1436, Pub. L. 91–230, title VI, § 636, Apr. 13, 1970, 84 Stat. 185; Pub. L. 93–380, title VI, § 618, Aug. 21, 1974, 88 Stat. 584; Pub. L. 95–49, § 3, June 17, 1977, 91 Stat. 230, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 98–199, § 11, Dec. 2, 1983, 97 Stat. 1369. § 1437. State application and assurances (a) Application A State desiring to receive a grant under sec- tion 1433 of this title shall submit an application