§ 1435. — Requirements for statewide system.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1435]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER III--INFANTS AND TODDLERS WITH DISABILITIES
Sec. 1435. Requirements for statewide system
(a) In general
A statewide system described in section 1433 of this title shall
include, at a minimum, the following components:
(1) A definition of the term ``developmental delay'' that will
be used by the State in carrying out programs under this subchapter.
(2) A State policy that is in effect and that ensures that
appropriate early intervention services are available to all infants
and toddlers with disabilities and their families, including Indian
infants and toddlers and their families residing on a reservation
geographically located in the State.
(3) A timely, comprehensive, multidisciplinary evaluation of the
functioning of each infant or toddler with a disability in the
State, and a family-directed identification of the needs of each
family of such an infant or toddler, to appropriately assist in the
development of the infant or toddler.
(4) For each infant or toddler with a disability in the State,
an individualized family service plan in accordance with section
1436 of this title, including service coordination services in
accordance with such service plan.
(5) A comprehensive child find system, consistent with
subchapter II of this chapter, including a system for making
referrals to service providers that includes timelines and provides
for participation by primary referral sources.
(6) A public awareness program focusing on early identification
of infants and toddlers with disabilities, including the preparation
and dissemination by the lead agency designated or established under
paragraph (10) to all primary referral sources, especially hospitals
and physicians, of information for parents on the availability of
early intervention services, and procedures for determining the
extent to which such sources disseminate such information to parents
of infants and toddlers.
(7) A central directory which includes information on early
intervention services, resources, and experts available in the State
and research and demonstration projects being conducted in the
State.
(8) A comprehensive system of personnel development, including
the training of paraprofessionals and the training of primary
referral sources respecting the basic components of early
intervention services available in the State, that is consistent
with the comprehensive system of personnel development described in
section 1412(a)(14) of this title and may include--
(A) implementing innovative strategies and activities for
the recruitment and retention of early education service
providers;
(B) promoting the preparation of early intervention
providers who are fully and appropriately qualified to provide
early intervention services under this subchapter;
(C) training personnel to work in rural and inner-city
areas; and
(D) training personnel to coordinate transition services for
infants and toddlers served under this subchapter from an early
intervention program under this subchapter to preschool or other
appropriate services.
(9) Subject to subsection (b) of this section, policies and
procedures relating to the establishment and maintenance of
standards to ensure that personnel necessary to carry out this
subchapter are appropriately and adequately prepared and trained,
including--
(A) the establishment and maintenance of standards which are
consistent with any State-approved or recognized certification,
licensing, registration, or other comparable requirements which
apply to the area in which such personnel are providing early
intervention services; and
(B) to the extent such standards are not based on the
highest requirements in the State applicable to a specific
profession or discipline, the steps the State is taking to
require the retraining or hiring of personnel that meet
appropriate professional requirements in the State;
except that nothing in this subchapter, including this paragraph,
prohibits the use of paraprofessionals and assistants who are
appropriately trained and supervised, in accordance with State law,
regulations, or written policy, to assist in the provision of early
intervention services to infants and toddlers with disabilities
under this subchapter.
(10) A single line of responsibility in a lead agency designated
or established by the Governor for carrying out--
(A) the general administration and supervision of programs
and activities receiving assistance under section 1433 of this
title, and the monitoring of programs and activities used by the
State to carry out this subchapter, whether or not such programs
or activities are receiving assistance made available under
section 1433 of this title, to ensure that the State complies
with this subchapter;
(B) the identification and coordination of all available
resources within the State from Federal, State, local, and
private sources;
(C) the assignment of financial responsibility in accordance
with section 1437(a)(2) of this title to the appropriate
agencies;
(D) the development of procedures to ensure that services
are provided to infants and toddlers with disabilities and their
families under this subchapter in a timely manner pending the
resolution of any disputes among public agencies or service
providers;
(E) the resolution of intra- and interagency disputes; and
(F) the entry into formal interagency agreements that define
the financial responsibility of each agency for paying for early
intervention services (consistent with State law) and procedures
for resolving disputes and that include all additional
components necessary to ensure meaningful cooperation and
coordination.
(11) A policy pertaining to the contracting or making of other
arrangements with service providers to provide early intervention
services in the State, consistent with the provisions of this
subchapter, including the contents of the application used and the
conditions of the contract or other arrangements.
(12) A procedure for securing timely reimbursements of funds
used under this subchapter in accordance with section 1440(a) of
this title.
(13) Procedural safeguards with respect to programs under this
subchapter, as required by section 1439 of this title.
(14) A system for compiling data requested by the Secretary
under section 1418 of this title that relates to this subchapter.
(15) A State interagency coordinating council that meets the
requirements of section 1441 of this title.
(16) Policies and procedures to ensure that, consistent with
section 1436(d)(5) of this title--
(A) to the maximum extent appropriate, early intervention
services are provided in natural environments; and
(B) the provision of early intervention services for any
infant or toddler occurs in a setting other than a natural
environment only when early intervention cannot be achieved
satisfactorily for the infant or toddler in a natural
environment.
(b) Policy
In implementing subsection (a)(9) of this section, a State may adopt
a policy that includes making ongoing good-faith efforts to recruit and
hire appropriately and adequately trained personnel to provide early
intervention services to infants and toddlers with disabilities,
including, in a geographic area of the State where there is a shortage
of such personnel, the most qualified individuals available who are
making satisfactory progress toward completing applicable course work
necessary to meet the standards described in subsection (a)(9) of this
section, consistent with State law within 3 years.
(Pub. L. 91-230, title VI, Sec. 635, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 108.)
Prior Provisions
A prior section 1435, Pub. L. 91-230, title VI, Sec. 635, Apr. 13,
1970, 84 Stat. 185; Pub. L. 98-199, Secs. 3(b), 11, Dec. 2, 1983, 97
Stat. 1358, 1372; Pub. L. 99-457, title III, Sec. 311, Oct. 8, 1986, 100
Stat. 1169; Pub. L. 101-476, title IV, Sec. 405, Oct. 30, 1990, 104
Stat. 1135; Pub. L. 102-119, Secs. 9(c)(2), 10, 25(a)(13), Oct. 7, 1991,
105 Stat. 595, 606, authorized appropriations, prior to the general
amendment of subchapters I to IV of this chapter by Pub. L. 105-17.
Section Referred to in Other Sections
This section is referred to in sections 1087ee, 1412, 1432, 1434,
1437, 1439, 1441, 1442 of this title.
