U.S. Department of Education Issues Part C Regulations

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     Today, the Department of Education (the Department) issued the final regulations for the early intervention program under Part C of the Individuals with Disabilities Education Act (IDEA). Part C serves infants and toddlers from birth through age two with developmental delays or who have diagnosed physical or mental conditions with high probabilities of resulting in developmental delay.The final Part C regulations incorporate provisions of the 2004 amendments to Part C of the IDEA. There are 350,000 children served nationally under Part C and the Department hopes that these regulations will improve services and outcomes for these children. The regulations are intended to focus on measuring and improving outcomes with the goal of ensuring that infants and toddlers with disabilities are ready for preschool and kindergarten.

     The Department is also releasing a notice of proposed rule making to amend  the Part B regulations. Changes are being proposed regarding when a state (SEA) or local education agency (LEA) wants  to use a child's or parent's public benefits (like Medicaid) to pay for Part B services. The proposed regulations are intended to ensure the protection of the rights of parents and children and ensure that children receive a free appropriate public education while addressing some concerns from SEAs and LEAs regarding burdens imposed by the current regulations.