New Law to Impact Services to Disabled Infants, Toddlers, and Preschoolers ....

New Law to Impact Services to Disabled Infants, Toddlers, and Preschoolers ....

Future Reflections Fall 1990, Vol. 9 No. 3
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NEW LAW TO IMPACT SERVICES
TO DISABLED INFANTS,
TODDLERS, AND PRESCHOOLERS
Editor's Note: The following analaysis of Public
Law 99-457, which was passed in 1986, is a fact
sheet prepared and distributed by the Association
for Retarded Citizens organization. For information
about how this law will be implemented in your
state, contact your state department of education.
PUBLIC LAW 99-457 AMENDMENTS
TO THE EDUCATION OF
THE HANDICAPPED ACT
To authorize a new preschool program
for three- to five-year-olds
and an early intervention program
for handicapped infants and toddlers
and for other purposes.
. What does the New Law (P.L. 99-457) Cover?
The U. S. Congress has enacted legislation to
expand coverage under the Education for All
Handicapped Children Act (P.L. 94-142), to
mandate a preschool program to serve children
ages three through five, to establish a new Early
Intervention State Grant Program for infants and
toddlers from birth through age two, and to expand
and improve various discretionary
programs within the Education of the Handicapped
Act (EHA) programs. President
Reagan signed the bill into law on October 8,
1986.

The new law (P.L. 99-457) repeals the existing
Pre-School Incentive Grant Program which in
school year 1985-1986 reimbursed school systems
with approximately $110 per children
served between the ages of three and five years
and replaces it with a Pre-School Grant Program.
. When Must the Pre-School Provision of P.L.
99-457 be Implemented?
States must guarantee in their P.L. 94-142
state plans that all children with handicaps from
age three will be served by school year 1990-1991,
with an additional year granted to the states to
meet the three- to five-year mandate if the Congress fails to appropriate the necessary funds.
Under any circumstance, all children with handicaps
between the ages of three and five, inclusive,
must be served by school year 1991-1992.

The one-year waiver would take effect if the
Congress fails to appropriate 1) a total of $656
million during fiscal years 1987, 1988, and 1989
or 2) at least $306 million dollars in fiscal year
1990.

Failure to serve all children three to five will
result in the loss of: the state's funds under the
Pre-School Grant; the ability to count the three
to five-year-old children in the P.L. 94-142 child
count along with the funding attached to that reimbursement formula; and any discretionary
grants under EHA specifically related to preschool
services.
What are the Provisions of the Law
for Pre-School Children?
Pre-school services will generally be defined
according to the requirements, rights, and
protections under P.L. 94-142. In effect, a free,
appropriate public education to all children with
handicaps from age three must be guaranteed,
including provision of Individual Education Program
(IEP), Least Restrictive Environment
(LRE), due process protections, appropriate
parental involvement and other basic P.L. 94-142
provisions.

There are several provisions specific to three
to five-year-olds. For instance, children with disabilities
in this age group will not need to be
labeled with a specific disability. Since family
services play an important role in preschool
programming, instruction for parents, to the extent
desired by the parents, is an appropriate
provision within the child's IEP. Service delivery
models can range from part day home-based to
full day center-based, depending on the unique
needs of a particular child. Finally, although the
program is administered through state and local
education agencies, they may contract with other
public and private programs, agencies, and
providers in order to provide the full range of
services to comply with the law.
. How will Funds be Provided to States
for Pre-School Children?
In passing P.L. 99-457, the Congress is
promising a substantial increase in federal funding
for pre-school services. The new funding
system to be used for the first three years of the
Act is established on two tracks. For all preschoolers
presently served, the law authorizes up
to $300 per child in FY 1987 (school year 198687),
up to $400 per child in FY 1988 and up to
$500 per child in FY 1989. During this same
three-year period, all new pre-schoolers served
each year (the total number served minus those
served in the previous year) will be funded at up
to $3,800 per child for one year. During this
three-year phase-in, an estimated 80,000
presently unserved children are expected to
receive services under the Pre-School Grant.
States can decide how many new children to
serve in any of the phase-in years, with the understanding
that all children must be served by
school year 1990-1991. The $3,800 per child
reimbursement is based on an estimation that
approximately 27,000 additional children will be
served during each of the three phase-in years. If
states were to serve more than that amount in a
given year, the $3,800 per child reimbursement
would be proportionally reduced. Following the
three-year phase-in, all three- to five-year-old
children served will generate up to $1,000.

It is important to note that all of the above
funding projections are based on authorization
levels in the law. The Congress must decide each
year exactly what amount it will appropriate.
Again, regardless of the amounts appropriated,
the full mandate is applicable starting school year
1991-1992.

Also important to note is that the Pre-School
Grant and the P.L. 94-142 State Grant are forward funded (i.e. funds appropriated for FY1987
are made available on July 1, 1987 for use in
school year 1988-89).

During fiscal year 1987, the State Education
Agency (SEA) will pass on to Local Education
Agencies (LEA) and Intermediate Education
Units (IEU) at least seventy percent of the Pre
School Grant funds. In fiscal year 1988 and in
subsequent years, the state must pass on at least
seventy-five percent of the funds to LEAs and
IEUs. The state may not expend more than five
percent of the funds for administration in any
fiscal year.

The new law also contains provisions requiring
state policies and procedures for the development
and implementation of interagency agreements
between the SEA and appropriate state
and local agencies defining financial responsibilities
for providing education and resolving
disputes.

The Act also prohibits federal and state funds,
particularly those currently allocated for the
Title V Maternal and Child Health Block Grant
and Title XIX Medicaid programs, from being
reduced in serving pre-school children.
. What are the Early Intervention Requirements
for States?
P.L. 99-457 establishes a new Early Intervention
State Grant program to serve infants and
toddlers from birth through the age of two. The
program becomes Part H of the Education of the
Handicapped Act.

Once a state applies for, qualifies for, and
receives funds under Part H, it must assure the
Federal Government that it will have in place a
statewide, comprehensive, coordinated, multidisciplinary
interagency system to provide early
intervention services for all infants and toddlers
with handicaps and their families within four
years of the receipt of such funds.
. What are the Timelines for Establishing
the Early Intervention Program?
During the first two years from the date the
Early Intervention Program receives funds, the
state must assure that it is planning, developing,
or implementing the statewide system. To obtain
funds in the third and fourth years, the state must
assure that it has adopted a policy incorporating
the components of a statewide system and that
the system will be in place by the beginning of the
fourth year. During this time period, the state
need only conduct multi-disciplinary assessments,
develop the IFSPs and make case
management services available.
During the fifty and succeeding years, the
statewide system must be fully operational and
all eligible infants and toddlers must be served.
Any state that already has a P.L. 94-142 mandate
in effect from birth will automatically be eligible
for funding under the Early Intervention Program.
. Who is Eligible for Early Intervention
Services?
"Handicapped infants and toddlers" is defined
to mean individuals from birth to age two, inclusive,
who need early intervention because
they are: 1) Experiencing developmental delays
in one or more of the following areas: cognitive
development, psycho-social development, or
self-help skills; or 2) have a diagnosed physical or
mental condition which has a high probability of
resulting in developmental delay. States also
have the option of serving infants and toddlers
who are "at risk" of having substantial developmental
delays if early intervention services are
not provided. The terms "developmental delay"
and "at risk" are to be defined by the states.

States may also serve children after their third
birthday up until such time as the child begins
being served under P.L. 94-142. Transition and
coordination between the Early Intervention
Program and the special education system is required.
. What is Included in Early Intervention Services?
Services under this program must be designed
to meet the developmental needs of the child in
one or more of the following areas: physical
development, cognitive development, language
and speech development, psyco-social development
or self-help skills.
Such services include:
* family training, counseling and
home visits;
* special instruction;
* speech pathology and audiology;
* occupational therapy;
* physical therapy;
* psychological services;
*case management;
""medical services only for diagnosis
or evaluation;
* early identification, screening, and
assessment; and

* health services necessary to assist
the child to benefit from other early
intervention services.
The services must meet state standards and be
provided by qualified personnel at no cost except
for where Federal or state law provides for a
system of payments by families, including sliding
fees. The services must also be provided in accordance
with an individualized family service
plan (IFSP).
. How is an IFSP Developed?
Each child and its family must receive a multidisciplinary
assessment of their unique needs and
the identification of services appropriate to meet
those needs specified in a written IFSP. The
IFSP must be developed within a reasonable
period of time after the assessment. Parents may
bring a helper to an IFSP meeting to assist them
in presenting their views.
Once developed, the IFSP must be evaluated
at least annually, and the family must be provided
a review of the plan every six months.
Specific components of an IFSP include:
* a
statement of the child's present level
of development;
*a statement of the family's strengths
and needs as they relate to assisting the
child;
*a statement of the anticipated major
outcomes to be achieved and how
progress is to be measured;
* identification of the specific early intervention
services to be delivered, including
the frequency, intensity, and
method of delivery;
* identification of the case management
for implementation of the plan; and
* coordination with other agencies and
transition steps to special education
services under P.L. 94-142.
. What are the Components of a State
Early Intervention System?
The new law specifies the minimum components
of a statewide, a comprehensive, coordinated,
multi-disciplinary agency system.
Such a system must include:
*definition of "developmentally
delayed";
'timetable to provide services within
four years;
*a provision for timely evaluation and
needs assessment;
* individualized family services plans,
including case management;
*a comprehensive child find and referral
system;
*a public awareness program;
*a central directory of services and resources;
*a comprehensive system of personnel
development;
* a single line of authority to administer,
supervise, and monitor the program;
*a contracting process or other arrangement
with local service providers;
*a reimbursement system; personnel
standards; and
*a data collection process.
The state plan containing this information
must be developed with participation from the
public, including public hearings. A summary of
the public comments and the state's response
must be included in the plan. Assurances of
equitable distribution of resources among all
geographical areas within each state is also required.
. What State Agency is Responsible for
the Early Intervention Program?
P.L. 99-457 gives the Governor full discretion
to designate a single lead agency to carry out the
Early Intervention Program. The lead agency
may be the state education agency, another state
agency involved with providing services to
children or a State Interagency Coordinating
Council.
The lead agency is responsible for:
*the general administration, supervision, and monitoring of programs and activities;
*the identification and coordination of all available Federal, state, local and private resources, and the assignment of financial responsibility to appropriate state agencies;
*the entering into formal state interagency agreements that offer such finacial responsiblity; and
*the resolution of disputes.
What is the Role of the State Interagency
Coordinating Council?
The Act requires a State Interagency Coordinating
Council, which may serve as the lead
state agency. The Council, appointed by the
Governor, shall have 15 members, of which at
least three are parents of infants or toddlers with
handicaps aged three through six; at least three
are public or private providers of services; at least
one represents the state legislature; at least one
is involved in personnel preparation; and others
representing each of the state agencies provided
in paying for or providing early intervention services.
The Council's main functions are to advise
and assist the lead state agency in preparing the
Early Intervention Application, in the identification
of fiscal and other support, in the assignment
of financial responsibility to appropriate agencies,
and in the promotion of the interagency
agreements.

Council meetings must be held quarterly and
be open and accessible to the public. Funds
under the Early Capital Childhood Program may
be used to staff and carry out the functions of the
council.
. What Funding is Authorized for the Early Intervention Program?
The new law authorizes $50 million in FY
1987, $75 million in FY 1988, and "such sums as
may be necessary" for the next three years. The
Congress must appropriate the actual amounts
on an annual basis. Eligible states will be allotted
their share of the funds based on a census count
of their zero to two population in relation to the
two populations of other states. No state will
receive less than one half of one percent of the
appropriated amount. For example, if $50 million
is appropriated in FY 1987, the minimum
allocation states would receive is $250,000. Since
there are already significant amounts of federal
and other funding sources already providing services to infants, the Act requires that the Early
Intervention Funds be used as the "payer of last
resort." States are not allowed to reduce medical
or other assistance from other sources including
specifically Title V Maternal and Child Health
and Title XIX Medicaid funds.

In addition to using funds to plan, develop,
and implement the statewide system, state agencies
must also use the funds for direct services
and to expand and improve existing services.
. What Procedural Safeguards are Mandated by the Law?
States are required to develop a system of procedural safeguards that, at a minimum, must provide for:
*the timely resolution of administrative complaints by parents and the right to appeal to a state or federal court;
* confidentiality of personal, identifiable information;
*the opportunity to examine records;
*procedures to protect the child if parents or guardians are not known, unavailable, or the child is a ward of the state; and
*the provision of services pending resolution of the complaint.
Two types of complaints by parents are allowable. One concerns the state's compliance with the law (e.g., failure to develop an IFSP) while the other deals with more systemic issues, such as the state's failure to develop a statewide program. The first type of complaint must be presented to an impartial individual and be speedily resolved.
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