From:Kimberly Rego, SEA LLC
Subject: IDEA Part C Massachusetts
To: All interested parties
Memorandum:
IDEA, the Federal Law which defines and regulates Early Intervention and special education in public schools, is divided into four parts; A, B, C and D. In Massachusetts, Part C, describes the details involved in qualifying for and receiving, Early Intervention services for any child between the ages of 0-3 years of age. This portion of IDEA is intended to “maximize the potential of” children and decrease theirneed for “Part B” or special education services, later in life. It further intends to improve outcomes for education and independent living. In Massachusetts, authorized services are overseen by the Department of Public Health and approved services are free of charge.
Anyone can refer a child to Early Intervention if they suspect a problem. To qualify,the child must have a documented developmental delay, or a condition predicted to manifest as a delay. Qualifying events other than existing or suspected diagnosis of delay are a standard deviation of 1.5pts on the BattelleDevelopmental Inventory together with a multi-disciplinary, clinical opinion of need. Services should be targeted to address challenges in the areas of; physical development, cognitive development, socio-emotional development and adaptive development. Massachusetts additionally recognizes a list of “low-incidence” conditions which qualify a child for Early Intervention services. They include autism, deafness, blindness, deaf-blindness, and loss of hearing or vision. The presence of a low incidence condition creates additional supports in the form of access to targeted services, addressing the challenges resulting from their specific situation. It is required that all children who qualify for Early Intervention, receive appropriate evaluation, followed by the creation of an Independent Family Service Plan, (which describes provision anddelivery of services), within 45 calendar days.
Children receiving Part C services who may need ongoing support after age 3, are referred to special education, or Part B services, under IDEA. Part C eligible children are to be referred to special education for consideration of eligibility within 90 days of their 3rd birthday. Those who are potentially eligible for Part C services but who are identified inside the 90-day guideline, are still able to be referred up to 45 calendar days before their 3rd birthday. When this situation occurs, the Part B provider can be assumed responsibile for evaluations.
Occasionally, children are found ineligible for Early Intervention or parents feel the services for their eligible child are not appropriate or were not provided with fidelity. Families experiencing issues such as this may avail themselves of due process by filing a complaint, requesting mediation, or if all else fails, filing for hearing. Appropriate forms must be downloaded from the Ma.gov website. If you would like more information on Early Intervention in Massachusetts please visit the Department of Public Health and search operational standards. Here you can read about credentials, licensing, eligibility, service delivery and much more.
