1995 US Code
Title 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER VIII - INFANTS AND TODDLERS WITH DISABILITIES
Sec. 1477 - Individualized family service plan

View Metadata

§1477. Individualized family service plan (a) Assessment and program development

Each infant or toddler with a disability and the infant's or toddler's family shall 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 their infant or toddler with a disability, and

(3) a written individualized family service plan developed by a multidisciplinary team, including the parent or guardian, as required by subsection (d) of this section.

(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) of this section is completed. With the parent's consent, early intervention services may commence prior to the completion of such 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 acceptable 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 major outcomes expected to be achieved for the infant or toddler and the family, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the outcomes is being made and whether modifications or revisions of the outcomes or services are necessary,

(4) a statement of specific early intervention services necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and the method of delivering services,

(5) a statement of the natural environments in which early intervention services shall appropriately be provided,

(6) the projected dates for initiation of services and the anticipated duration of such services,

(7) the name of the case manager (hereafter in this subchapter referred to as 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, and

(8) the steps to be taken supporting the transition of the toddler with a disability to services provided under subchapter II of this chapter to the extent such services are considered appropriate.

(e) Parental consent

The contents of the individualized family service plan shall be fully explained to the parents or guardian and informed written consent from such parents or guardian shall be obtained prior to the provision of early intervention services described in such plan. If such parents or guardian do not provide such consent with respect to a particular early intervention service, then the early intervention services to which such consent is obtained shall be provided.

(Pub. L. 91–230, title VI, §677, as added Pub. L. 99–457, title I, §101(a), Oct. 8, 1986, 100 Stat. 1149; amended Pub. L. 100–630, title I, §108(f), Nov. 7, 1988, 102 Stat. 3301; Pub. L. 101–476, title IX, §901(b)(174)–(176), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, §§14, 25(b), Oct. 7, 1991, 105 Stat. 597, 607.)

Amendments

1991—Pub. L. 102–119, §25(b), amended directory language of Pub. L. 101–476. See 1990 Amendment note below.

Subsec. (a)(1). Pub. L. 102–119, §14(1)(B), (C), added par. (1) and struck out former par. (1) which read as follows: “a multidisciplinary assessment of unique needs and the identification of services appropriate to meet such needs, and”.

Subsec. (a)(2), (3). Pub. L. 102–119, §14(1)(A), (C), added par. (2) and redesignated former par. (2) as (3).

Subsec. (d)(1). Pub. L. 102–119, §14(2)(A), substituted “communication development, social or emotional development, and adaptive development,” for “language and speech development, psychosocial development, and self-help skills,”.

Subsec. (d)(2). Pub. L. 102–119, §14(2)(B), substituted “resources, priorities, and concerns” for “strengths and needs”.

Subsec. (d)(5), (6). Pub. L. 102–119, §14(2)(C), added par. (5) and redesignated former par. (5) as (6). Former par. (6) redesignated (7).

Subsec. (d)(7). Pub. L. 102–119, §14(2)(C)(i), (D), redesignated par. (6) as (7) and inserted “(hereafter in this subchapter referred to as the ‘service coordinator’)” and “(or who is otherwise qualified to carry out all applicable responsibilities under this subchapter)”. Former par. (7) redesignated (8).

Subsec. (d)(8). Pub. L. 102–119, §14(2)(C)(i), redesignated par. (7) as (8).

Subsec. (e). Pub. L. 102–119, §14(3), added subsec. (e).

1990—Pub. L. 101–476, as amended by Pub. L. 102–119, §25(b), substituted “infant or toddler with a disability” for “handicapped infant or toddler” in subsecs. (a) and (d)(2) and “toddler with a disability” for “handicapped toddler” in subsec. (d)(7).

1988—Subsec. (a). Pub. L. 100–630, §108(f)(1), substituted “infant's” for second reference to “infant”.

Subsec. (b). Pub. L. 100–630, §108(f)(2), substituted “6-month intervals” for “6 month-intervals” and “or toddler” for “and toddler”.

Subsec. (d)(1). Pub. L. 100–630, §108(f)(3), substituted “psychosocial” for “psycho-social”.

Subsec. (d)(3). Pub. L. 100–630, §108(f)(4), substituted “or toddler” for “and toddler” and “is being” for “are being”.

Subsec. (d)(6). Pub. L. 100–630, §108(f)(5), substituted “or toddler's” for “and toddler's”.

Subsec. (d)(7). Pub. L. 100–630, §108(f)(6), made technical amendment to reference to subchapter II resulting in no change in text.

Effective Date of 1991 Amendment

Amendment by section 14 of Pub. L. 102–119 effective July 1, 1992, except that each State has option to have amendment apply earlier than such date, see section 27(b) of Pub. L. 102–119, set out as a note under section 927 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title.

Section Referred to in Other Sections

This section is referred to in sections 927, 1413, 1414, 1472, 1476 of this title; title 29 section 2211.