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0700-504.20 | Revision Date: 07/01/14
Overview
This policy guide provides information on special education and early intervention services. It also provides instruction on how to refer dependent children to these programs.
TABLE OF CONTENTS
Special Education Services Eligibility
Section 504 of the Rehabilitation Act of 1973
Early Intervention Services (Early Start)
CSW Responsibilities and Support Contacts
Individual Family Service Plan (IFSP)
Individualized Education Program (IEP)
Connecting Children 0 – 36 Months Old to Services
Connecting Children 3 – 5 Years Old to Services
Connecting Children 6 – 18 Years Old to Services
Version Summary
This policy guide was updated from the 01/27/10 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. The title of this policy guide has been changed from “Referring Dependent Children for Special Education or Early Intervention (Early Start).”
Special education refers to instruction that meets the unique needs of individuals with exceptional needs, provided at no cost to the parent. Instruction may be conducted in the classroom, in the home, in hospitals, and in other institutions, and includes physical education services.
A public school, by law, must be considered the first school placement option for foster children, except in either of the following cases:
A residential placement facility or a group home is prohibited from requiring that a child be identified as a child with disabilities or that he/she attend his/her nonpublic school as a condition of placement.
Children with disabilities who are eligible for special education are ensured, by law, to have access to free, appropriate, public special education services in the least restrictive environment.
Any family member may make a special education referral. In some cases, a parent may not be available, or a parent’s rights to make educational decisions may have been limited by the court. In these cases, the court is required to immediately appoint a responsible adult or, in the case of a child with disabilities when a responsible adult is not available, order the LEA to appoint an educational surrogate parent to make educational decisions for the child.
In some situations, the Local Educational Agency (LEA) may suggest alternatives to special education, such as modifying the existing program or the use of community resources before referring the child for an educational assessment.
CSWs may recommend that a parent make a written request for an assessment to determine if a child qualifies for special education.
Two conditions must be met for a dependent child to qualify for special education services under Individuals with Disabilities Education Act (IDEA):
Section 504 of the Rehabilitation Act of 1973 covers a broader group of students than IDEA, which ensures eligible children with disabilities access to special education services. Section 504 ensures services to students who have a physical or mental impairment that substantially impairs a major life activity such as learning. Asthma, allergies, diabetes, ADD, or ADHD are among conditions that may warrant a Section 504 plan. Section 504 requires a plan, which may be processed differently by districts, that is not called an IEP.
All children that qualify for services under IDEA also qualify for protections under Section 504. However, some children, and particularly those with a Section 504 plan, only qualify for Section 504 services.
Regional Centers are responsible for providing screening, assessment, and early intervention services for children 0-36 months old who are developmentally delayed.
Children may be eligible for early intervention services (Early Start) if at least one (1) of the following criteria is met from birth to twenty-four (24) months old:
Early intervention services (Early Start) provided by the Regional Center include:
The Holder of Education Rights (HER) may request intervention services if he/she thinks the child will benefit from those services.
The Local Education Agency (LEA) is responsible for identifying students who are eligible for special education services. To do so, the LEA conducts educational assessments and develops and implements the Individualized Education Program (IEP). The LEA may be any of the following entities:
LEAs are responsible for providing assessment and services to children ages 0 – 22 years old. For LEAs responsibilities for children of a specific age, refer to the following table:
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Age of child |
LEA Responsibilities |
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0 – 36 months
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3 – 5 years old |
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5 – 22 years old |
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CSWs are responsible for monitoring progress, changes or reviews of Individualized Education Programs (IEPs), and for participating in the educational planning of children under the Holder of Educational Rights’ (HER) supervision. CSWs may never authorize children’s IEPs or make educational decisions on the child’s behalf.
CSWs should consult any of the following individuals with any questions or challenges related to a child’s school, education, or disability:
A student study team (SST) is part of a child’s regular education and not a child’s special education services. The SST is governed by school district policy and not federal or state law. It is not mandatory to have an SST prior to an Individualized Education Program (IEP) or prior to a referral for a special education assessment.
Students struggling in school may be referred to an SST. SST meetings review the child’s existing academic, health, motor, communication, social, and language skills, and/or behavioral information. They determine if a formal assessment is appropriate and can serve as the “first step” towards determining whether a child needs special education services.
The SST may conclude the following from its assessment:
The Individual Family Service Plan (IFSP) defines the special education needs and services for children birth to three (3) years of age. For children three (3) years or older, an Individual Program Plan (IPP)The Lanterman Developmental Disabilities Act requires that a person who receives services from a regional center have an Individual Program Plan (IPP). Person-centered individual program planning assists persons with developmental disabilities and their families to build their capacities and capabilities. The planning team decides what needs to be done, by whom, when, and how, if the individual is to begin (or continue) working toward the preferred future. The document known as the Individual Program Plan (IPP) is a record of the decisions made by the planning team. is used. An IFSP may be created under the following two (2) circumstances:
IFSP meetings are conducted every six (6) months and are based on the goals of the child’s caregiver and Holder of Educational Rights’ (HER). It is often used in conjunction with Regional Center assessments and must be authorized by the HER.
For children three (3) years of age or older, an Individual Program Plan (IPP) is used.
An Individualized Education Program (IEP) defines special education needs and services for children age three (3) and above. The IEP consists of a meeting and document. The IEP meeting determines special education eligibility. The IEP document sets forth the specific special education services a child is found eligible to receive. IEP services include those provided by schools and services from the LEA.
An IEP Team consists of the following individuals:
The IEP is only ever signed the IEP as a participant. Authorization for the IEP must be provided by the HER. A child with exceptional needs must be allowed, by law, to provide confidential input to any representative of his/her IEP Team
Children 0 – 36 months old who are involved in a substantiated referral must be screened at a DCFS Medical Hub for a Regional Center referral.
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Regional Center Assessment Determination |
Next Steps |
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A child is not eligible for Early Intervention services. |
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The assessment is in conflict with the information that led to the initial referral. |
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A child is appropriate for Early Intervention services. |
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LEA Determination |
Next Steps |
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A child is not eligible for Special Education Services. |
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The assessment is in conflict with the information that led to the initial referral. |
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A child is eligible for Special Education Services. |
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None
Case Plan
0070-516.10, Assessing a Child's Development & Referring to a Regional Center
0700-507.10, Appointment of an Educational Representative, Educational Surrogate Parent, or Developmental ServicesServices provided by the Regional Centers, which include diagnostic evaluation, coordination or resources such as education, health, welfare, rehabilitation and recreation for persons with developmental disabilities. Additional services include program planning, admission to and discharge from state hospitals, court-ordered evaluations and consultation to other agencies. Decision-Maker
Education Code (EDC) Section 56026 – Describes “individuals with exceptional needs.”
EDC Section 56031 – Defines “Special Education” and its purposes.
Government Code (GOV) Section 95014 – States, in part, the specific conditions under which children 0 – 23 months may qualify for early intervention services.
GOV Section 95016 – Describes, in part, early intervention services that are provided to eligible infants and toddlers.
Individuals with Disabilities Education Act (IDEA) – Ensures all children with disabilities have access to free, appropriate, public education and educational services in the least restrictive environment that emphasizes special education and related services designed to meet their unique needs.
