§ 1436. — Individualized family service plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1436]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER III--INFANTS AND TODDLERS WITH DISABILITIES
Sec. 1436. Individualized family service plan
(a) Assessment and program development
A statewide system described in section 1433 of this title shall
provide, at a minimum, for each infant or toddler with a disability, and
the infant's or toddler's family, to 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 the infant or toddler; and
(3) a written individualized family service plan developed by a
multidisciplinary team, including the parents, as required by
subsection (e) 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 parents' consent, early intervention
services may commence prior to the completion of the 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 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 method of delivering
services;
(5) a statement of the natural environments in which early
intervention services shall appropriately be provided, including a
justification of the extent, if any, to which the services will not
be provided in a natural environment;
(6) the projected dates for initiation of services and the
anticipated duration of the services;
(7) the identification of 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 to support the transition of the
toddler with a disability to preschool or other appropriate
services.
(e) Parental consent
The contents of the individualized family service plan shall be
fully explained to the parents and informed written consent from the
parents shall be obtained prior to the provision of early intervention
services described in such plan. If the parents do not provide consent
with respect to a particular early intervention service, then the early
intervention services to which consent is obtained shall be provided.
(Pub. L. 91-230, title VI, Sec. 636, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 111.)
Prior Provisions
A prior section 1436, Pub. L. 91-230, title VI, Sec. 636, Apr. 13,
1970, 84 Stat. 185; Pub. L. 93-380, title VI, Sec. 618, Aug. 21, 1974,
88 Stat. 584; Pub. L. 95-49, Sec. 3, June 17, 1977, 91 Stat. 230,
authorized appropriations, prior to the general amendment of this
subchapter by Pub. L. 98-199, Sec. 11, Dec. 2, 1983, 97 Stat. 1369.
Section Referred to in Other Sections
This section is referred to in sections 1401, 1412, 1414, 1432,
1435, 1473 of this title.
