IFSP Sections of Nebraska Rule 51

007.12 Responsibility for Development of IFSP

007.12 A In collaboration with the agency contracting for services coordination, an IFSP shall be developed and implemented for each infant or toddler who is determined to be eligible for early intervention services in accordance with Section 006. The plan must be developed in accordance with Section 007 and based on the multidisciplinary evaluation described in 92 NAC 51-006.04 and any other relevant information. The services coordinator, with the family, is responsible for arranging the team meeting, developing the IFSP team and facilitating the development of the IFSP consistent with Department of Health and Human Services' Early Intervention regulations.

007.12A1 In the event the family declines services coordination, the school district or approved cooperative, with the family, is responsible for the development of the IFSP consistent with the Department of Health and Human Services' Early Intervention regulations and 92 NAC 51- 007.13.

007.12A2 If there is a dispute as to who has responsibility for developing or implementing an IFSP, the Departments of Education and Health and Human Services shall resolve the dispute or assign responsibility.

007.12B If a determination is made that an infant or toddler needs early intervention services, an Individualized Family Service Plan (IFSP) shall be developed for the child and the family. The IFSP shall be in writing and shall include:

007.12B1 A statement of the infant or toddler‘s present levels of physical development (including vision, hearing, and health status), cognitive development, communication development, social or emotional development, and adaptive development which is based on professionally acceptable objective criteria;

007.12B2 With the concurrence of the family, a statement of the family's resources, priorities, and concerns relating to enhancing the development of the infant or toddler with a disability;

007.12B3 A statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre-literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary;

007.12B3a The degree to which progress toward achieving the outcomes is being made; and

007.12B3b Whether modifications or revisions of the outcomes or services are necessary.

007.12B4 A statement of the specific early intervention services based on peer-reviewed research, to the extent practicable, necessary to meet the unique needs of the child and the family including:

007.12B4a The frequency, intensity, and method of delivering the services;

007.12B4a(i) Frequency and intensity mean the number of days or sessions that a service will be provided, the length of time the service is provided during each session, and whether the service is provided on an individual or group basis; and

007.12B4a(ii) method means how a service is provided.

007.12B4b The natural environments in which early intervention services will be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment;

007.12B4c The location of the services; and

007.12B4c(i) Location means the actual place or places where a service will be provided.

007.12B4d The payment arrangements, if any.

007.12B5 To the extent appropriate, medical and other services the child needs, but that are not required by this Chapter, and the funding sources to be used in paying for those services or the steps that will be taken to secure those services through public or private sources.

007.12B5a This requirement does not apply to routine medical services (e.g., immunizations and "well-baby" care), unless a child needs those services and the services are not otherwise available or being provided.

007.12B6 The projected date(s) for initiation of the service(s) which must begin as soon as possible after the IFSP meeting.

007.12B7 The anticipated duration of those services.

007.12B8 The name of the service coordinator from the profession most immediately relevant to the child's or family's needs (or who is otherwise qualified to carry out all applicable responsibilities under this part), who will be responsible for the implementation of the IFSP and coordination with other agencies and persons, including transition services.

007.12B8a The agency contracting for services coordination may assign the same service coordinator who was appointed at the time that the child was initially referred for evaluation to be responsible for implementing a child's and family's IFSP, or appoint a new service coordinator.

007.12B9 The steps to be taken to support the transition of the child to preschool services to the extent that those services are considered appropriate, or other services that may be available, if appropriate.

007.12B9a The steps include:

007.12B9a(i) Discussions with, and training of, parents regarding future placements and other matters related to the child's transition;

007.12B9a(ii) Procedures to prepare the child for changes in the service delivery, including steps to help the child adjust to, and function in, a new setting; and

007.12B9a(iii) With parental consent, the transmission of information about the child to ensure continuity of services, including evaluation and copies of IFSPs that have been developed and implemented.

007.12B10 A statement of the necessary assistive technology devices and services needed by the infant or toddler.

007.13 IFSP Initial and Annual Conferences

007.13A For an infant or toddler who has been evaluated for the first time and determined to be eligible, a meeting to develop the initial IFSP must be conducted within 45 calendar days of the referral.

007.13B A meeting must be conducted on at least an annual basis to evaluate the IFSP for a child and the child's family, and, as appropriate, to revise its provisions. The results of any current evaluations and other information available from the ongoing assessment of the child and family, must be used in determining what services are needed and will be provided. Parents shall receive a copy of the IFSP within seven calendar days of the IFSP meeting.

007.13C IFSP meetings must be conducted:

007.13C1 In settings and at times that are convenient to families; and

007.13C2 In the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so.

007.13D Meeting arrangements must be made with, and written notice provided to, the family and other participants early enough before the meeting date to ensure that they will be able to attend.

007.13E The contents of the IFSP must be fully explained to the parents and informed written consent from the parents must be obtained prior to the provision of early intervention services described in the plan.

007.13E1 If the parents do not provide consent with respect to a particular early intervention service or withdraw consent after first providing it, that service may not be provided.

007.13E2 The early intervention services to which parental consent is obtained must be provided.

007.14 IFSP Periodic Reviews

007.14A A review of the IFSP for a child and the child's family must be conducted every six months, or more frequently if conditions warrant, or if the family requests such a review. The purpose of the periodic review is to determine:

007.14A1 The degree to which progress toward achieving the outcomes is being made; and

007.14A2 Whether modifications or revision of the outcomes or services is necessary.

007.14B The review may be carried out by a meeting or by another means that is acceptable to the parents and other participants.

007.14C The periodic review of the IFSP must provide for the participation of the persons required by 92 NAC 51-007.16A1, 007.16A2, 007.16A3 and 007.16A4. If conditions warrant, provisions must be made for the participation of other representatives identified in 92 NAC 51-007.16A5, 007.16A6 and 007.16A7.

007.15 IFSP Team Participants

007.15A The school district or approved cooperative shall document that each IFSP conference includes at least the following participants:

007.15A1 The parent or parents of the child;

007.15A2 Other family members, as requested by the parent, if feasible to do so;

007.15A3 An advocate or person outside of the family, if the parent requests that the person participate;

007.15A4 The service coordinator who has been working with the family since the initial referral of the child for evaluation, or who has been designated to be responsible for implementation of the IFSP;

007.15A5 A representative of the school district or approved cooperative who has the authority to commit district resources;

007.15A6 As appropriate, persons who will be providing services to the child; and

007.15A7 A person or persons directly involved in conducting the evaluations.

007.15A7a If this person or persons is unable to attend a meeting, arrangements must be made for the person's involvement through other means, including:

007.15A7a(i) Participating in a telephone conference call;

007.15A7a(ii) Having a knowledgeable authorized representative attend the meeting; or

007.15A7a(iii) Making pertinent records available at the meeting.

007.16 Early Intervention Transition

007.16A The agency contracting for services coordination is responsible for convening, with the approval of the child's family, a conference including the family, school district or approved cooperative and other agencies as needed at least 90 days (and at the discretion of all such parties, up to nine months) before the child's third birthday or at least 90 days before completion of the early intervention program. The purpose of the meeting is to:

007.16A1 Ensure a smooth and effective transition to preschool programs assisted under Part B of the IDEA to the extent those services are appropriate, or other services that may be available, if appropriate;

007.16A2 Review the child's program options for the period from the child's third birthday through the remainder of the school year;

007.16A3 Describe how the family will be included in the transition plans; and

007.16A4 Establish a transition plan.

007.16B In the case of a child who has reached his or her third birthday, an IFSP that contains the material described in 92 NAC 51-007.13 and that is developed in accordance with 92 NAC 51-007.02, 007.03, 007.06, 007.07B, 007.09, 007.10 and 007.11 may serve as the IEP of the child if using that plan is agreed to by the school district or approved cooperative and the child‘s parents.

007.16B1 In implementing the requirements of 92 NAC 51-007.16B the school district or approved cooperative shall;

007.16B1a Provide the child‘s parents a detailed explanation of the differences between an IFSP and an IEP; and

007.16B1b If the parents choose an IFSP, obtain written informed consent from the parents

007.17 Provision of Early Intervention Services Before the Evaluation and Assessment Is Complete

007.17A Early intervention services for the purpose of completion of the evaluation and assessment for a child and the child's family may commence before the completion of the evaluation if the following conditions are met:

007.17A1 Parental consent is obtained.

007.17A2 An interim IFSP is developed that includes:

007.17A2a The name of the service coordinator who will be responsible for implementation of the interim IFSP and coordination with other agencies and persons; and

007.17A2b The early intervention services that have been determined to be needed immediately by the child and the child's family.

007.17A3 The evaluation and assessment are completed within the 45 day time period.

007.18 Year Round Continuous Services

007.18A Early Intervention Services may not be interrupted or modified or otherwise changed for reasons unrelated to the child‘s needs such as service provider availability or scheduling.