Legal Requirements
for the IFSP
The
Individual Family Service Plan (IFSP) is part of a system
of special education laws at both the federal and the
state level. The IFSP is also a part of the Nebraska Department of Health and Human Services and the Centers for Medicare and Medicaid Services.
History of Public Policy Across the Nation and State - View History Timeline
Early intervention services did not develop in a vacuum, but developed as part of an evolution of legislation for persons with disabilities. As you will see from this timeline, there were many milestones along the way to mandate early intervention services.  Shockwave is needed to view this file.
Federal
Law:
The Federal Law is called IDEA, or the Individuals with
Disabilities Education Act. It specifies the IFSP and
defines the basic components that must be in an IFSP.
Review IDEA now. View the proposed Part C Regulations of IDEA here. On January 16, 2009, the Proposed Regulations for Part C of IDEA 2004 (2007) (pdf:434kb) were withdrawn by the U.S. Depatment of Education and are presently under review. An OSEP memo dated January 28, 2009 to all State Part C Coordinators on procedures for receiving a FFY 2009 grant award under IDEA 2004, states the following:
"...although the draft final Part C regulations were withdrawn by the Department on Friday, January 16, 2009, States are required to ensure that their State policies, including statutes and regulations, are consistent with the Part C requirements in 20 U.S.C. 1401 et seq., as amended in 2004, and all applicable regulation in 34 CFR Part 303".
Nebraska
State Laws:
The
Special Education Act (NRS 79-1110 to 79-1184)
The Special Education Act
defines special education in Nebraska and requires that:"The
board of education of every school district shall provide
or contract for special education programs and transportation
for all resident children with disabilities who would
benefit from such programs."
(NRS 79-1127)
The
Early Intervention Act (NRS 43-2501 to 43-2516)
The Early Intervention Act tracks Part C of the
Federal law and defines an IFSP as "the process,
periodically documented in writing, of determining appropriate
early intervention services for an eligible infant or
toddler with disabilities and his or her family."
(NRS 43-2305 (6))
It
also entitles infants and toddlers who are referred
because of possible disabilities to
-
"early
identification . . . , evaluation and assessment in
order to determine eligibility under the Special Education
Act, and procedural safeguards," and
-
"services
coordination and development of the individualized
family service plan." (43-2507.01)
View
Article 25 - Early Intervention Act.
Education
Rule 51:
The specific regulations for implementing Nebraska's
laws can be found in Title 92 - Nebraska Department
of Education, Chapter 51:Regulations and Standards for
Special Education Programs, often called "Rule
51."
Section
007 of Rule 51 addresses the requirements for an Individual
Education Program (IEP) and Individual Family Service
Plan (IFSP):
-
If
a determination is made that a child needs special
education and related services, an individualized
education program or individualized family service
plan must be developed for the child.
-
In
order to fulfill the requirements of 007.01 for
infants and toddlers, school districts shall meet
the requirements of 007.12. FAPE (free appropriate
public education) is provided to infants and toddlers
with a disability in accordance with an IFSP, rather
than an IEP. The requirements for contents of the
IFSP apply rather than the requirements for the
contents of an IEP. All other substantive rights
and protections established under special education
laws apply to infants and toddlers with disabilities
receiving FAPE in accordance with an IFSP.
Sections
007.12 to 007.18 deal specifically with the IFSP process.
You can review them by clicking here.
You
can see the entire Rule 51 at http://www.education.ne.gov/legal/Webrulecoverrule51.htm
Verification Guidelines for Children With Disabilities
Technical Assistance Document
Nebraska Department of Health
& Human Services (NAC480):
The intent of 480 NAC 10-000 is to provide the vision, guidance, and standards for implementation of early intervention services coordination. The information in the manual is to assist families, planning region teams, and service providers to understand the vision, purpose, and expectations of the Early Intervention Act. The goal of services coordination is to give families a good start in supporting their child with a disability and to develop their own skills in accessing, utilizing, and coordinating supports within their natural environment.
Section 10-003 of the Services Coordination Manual addresses the purpose of the IFSP process.
-
To identify and document, in the language of the family, the outcomes families want to see for their children or themselves, in relationship to the developmental needs of the child.
-
To plan how best to achieve the desired outcomes.
-
To formally identify, in writing, the supports and services to meet these outcomes.
The manual is available at the following website: http://www.hhs.state.ne.us/reg/t480.htm. Chapter 10 addresses services coordination in Nebraska.
For
information regarding these regulations, contact:
Special Education Office
Nebraska Department of Education
301 Centennial Mall South, Sixth Floor
P.O. Box 94987
Lincoln, Nebraska 68509-4987
Phone: (402) 471-2471
Medicaid and Long Term Care
Home and Community Services
Nebraska Department of Health and Human Services
301 Centennial Mall South, 5th Floor
P.O. Box 95044
Lincoln, NE 68509-5044
(402) 471-9329
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