[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR80 App A]

[Page 425-427]

                       TITLE 32--NATIONAL DEFENSE

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

  PART 80_PROVISION OF EARLY INTERVENTION SERVICES TO ELIGIBLE

   Sec. Appendix A to Part 80--Procedures for the Provision of Early
 Intervention Services for Infants and Toddlers With Disabilities, Ages
                0-2 years (Inclusive), and Their Families

       A. Requirements For A System of Early Intervention Services

    1. A system of coordinated, comprehensive, multidisciplinary, and
intercomponent programs providing appropriate early intervention
services to all infants and toddlers with disabilities and their
families shall include the following minimum components:
    a. A timely, comprehensive, multidisciplinary evaluation of the
functioning of each infant and toddler with a disability and the
priorities and concerns of the infant's or toddler's family to assist in
the development of the infant or toddler with a disability.
    b. A mechanism to develop, for each infant and toddler with a
disability, an IFSP and early intervention services coordination, in
accordance with such service plan.
    c. A comprehensive child-find system, coordinated with the
appropriate Section 6 School Arrangement, including a system for making
referrals to service providers that includes timelines and provides for
participation by primary referral sources, such as the CDC and the
pediatric clinic.
    d. A public awareness program including information on early
identification of infants and toddlers with disabilities and the
availability of resources in the community to address and remediate
these disabilities.

[[Page 426]]

    e. A central directory that includes a description of the early
intervention services and other relevant resources available in the
community.

B. Each Military Medical Department Shall Develop and Implement a System
                             To Provide for:

    1. The administration and supervision of early intervention programs
and services, including the identification and coordination of all
available resources.
    2. The development of procedures to ensure that services are
provided to infants and toddlers with disabilities and their families in
a timely manner.
    3. The execution of agreements with other DoD components necessary
for the implementation of this appendix. Such agreements must be
coordinated with the ASD(HA) and the GC, DoD, in consultation with the
USD(P&R).
    4. The collection and reporting of data required by ASD(HA).
    5. A multidisciplinary assessment of the unique strengths and needs
of the infant or toddler and the identification of services appropriate
to meet such needs.
    6. 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 its infant or toddler with a disability.

   C. Each Military Medical Department Shall Develop and Implement a
 Program To Ensure That an IFSP Is Developed for Each Infant or Toddler
With a Disability and the Infant's or Toddler's Family According to the
                          Following Procedures:

    1. The IFSP 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 the needs of the infant or toddler and family.
    2. Each initial meeting and each annual meeting to evaluate the IFSP
must include the following participants:
    a. The parent or parents of the infant or toddler.
    b. Other family members, as requested by a parent, if feasible to do
so.
    c. An advocate, if his or her participation is requested by a
parent.
    d. The Early Intervention Program Services Coordinator who has been
working with the family since the initial referral of the infant or
toddler or who has been designated as responsible for the implementation
of the IFSP.
    e. A person or persons directly involved in conducting the
evaluation and assessments.
    f. Persons who will be providing services to the infant, toddler, or
family, as appropriate.
    g. If a person or persons listed in paragraph C.2 of this section is
unable to attend a meeting, arrangements must be made for involvement
through other means, including:
    (1) Participating in a telephone call.
    (2) Having a knowledgeable authorized representative attend the
meeting.
    (3) Making pertinent records available at the meeting.
    3. The IFSP shall be developed within a reasonable time after the
assessment. With the parent's consent, early intervention services may
start before the completion of such an assessment under an IFSP.
    4. The IFSP shall be in writing and contain:
    a. 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.
    b. A statement of the family's resources, priorities, and concerns
for enhancing the development of the family's infant or toddler with a
disability.
    c. 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.
    d. A statement of the 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.
    e. A statement of the natural environments in which early
intervention services shall be provided.
    f. The projected dates for initiation of services and the
anticipated duration of such services.
    g. The name of the Early Intervention Program Service Coordinator.
    h. The steps to be taken supporting the transition of the toddler
with a disability to preschool services or other services to the extent
such services are considered appropriate.
    5. The contents of the IFSP shall be fully explained to the parents
by the Early Intervention Program Service Coordinator, and informed
written consent from such parents shall be obtained before the provision
of early intervention services described in such plan. If the parents 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.

       D. Procedural Safeguards for the Early Intervention Program

    1. The procedural safeguards include:

[[Page 427]]

    a. The timely administrative resolution of complaints by the
parent(s), including hearing procedures (appendix C to this part).
    b. The right to protection of personally identifiable information
under 32 CFR part 310.
    c. The right of the parent(s) to determine whether they, their
infant or toddler, or other family members will accept or decline any
early intervention service without jeopardizing the delivery of other
early intervention services to which such consent is obtained.
    d. The opportunity for the parent(s) to examine records on
assessment, screening, eligibility determinations, and the development
and implementation of the IFSP.
    e. Written prior notice to the parent(s) of the infant or toddler
with a disability whenever the Military Department concerned proposes to
initiate or change or refuses to initiate or change the identification,
evaluation, placement, or the provision of appropriate early
intervention services to the infant and toddler with a disability.
    f. Procedures designed to ensure that the notice required in
paragraph D.1.e. of this appendix fully informs the parents in the
parents' native language, unless it clearly is not feasible to do so.
    g. During the pending of any proceeding under appendix C to this
part, unless the Military Department concerned and the parent(s)
otherwise agree, the infant or toddler shall continue to receive the
early intervention services currently being provided, or, if applying
for initial services, shall receive the services not in dispute.