Individual Family Service Plans (IFSPs)

Legal Timelines in Early Childhood Special Education

(This information applies to three to five years old children.)

Eligibility: Eligibility must be determined within a "reasonable" amount of time after the consent for evaluation has been signed (OAR 581-15-950 #3). A "reasonable amount of time varies depending on the time of year and individual circumstances; the standards is about 60 days.

Individual Family Service Plan (IFSP): An IFSP must be developed within 30 calendar days of the date eligibility was established (SB 898, section 7, 343.521 (1)(b) - amended ORS 343.521) OAR 581-015-0968

Individual Family Service Plan Services: Services must begin as soon as possible after the completion of the IFSP document (OAR 581-990).

Annual Individual Family Service Plan Meeting: An annual IFSP meeting must be held every 365 days for each eligible child to review and revise the IFSP. (OAR 343.475, OAR 581-015-0968)

Individual Family Service Plan Review: A meeting to review the IFSP must be held every six months for each eligible child to review the IFSP goals and progress and revise if necessary. (ORS 343.475, OAR 581-015-0968)
 

Parental Rights

Parental Rights booklets, otherwise known as Procedural Safeguards, give parents on overview of their rights. Below is a list when a parent should receive their rights booklet:
  1. At the initial point of referral
  2. At the EI or ECSE evaluation
  3. Each time an IFSP meeting is held
  4. Each time the child is re-evaluated
  5. If the parent files a compliant or requests a due process hearing
  6. If the program takes a disciplinary action involving a change of placement for more than ten days
  7. If the child is placed in an interim placement for up to 45 days for drug or weapons related misconduct

Participants for IFSP Team Meetings

(OAR 581-015-0980)
  1. One of both of the child's parents
  2. Early Interventionist (EI) or Early Childhood Special Education (ECSE) Specialist
  3. A representative of the contractor or subcontractor
  4. A qualified person to provide or supervise the provision of EI or ECSE services to meet the unique needs of children with disabilities (Speech/Language, E/ECSE Specialist)
  5. A person knowledgeable of typical child development and appropriate activities for infants and young children (Teachers, EI/ECSE Specialist)
  6. A person knowledgeable about the availability of resources (Speech/Language, EI/ECSE Specialist)
  7. Family members and/or advocates as requested by the parent
  8. Other individuals at the discretion of the parents, contractor, or subcontractor who have knowledge or special expertise regarding the child
  9. An individual who was involved with the evaluation or is knowledgeable about the child's disability and can interpret the developmental or instructional implications of the evaluation (Speech/Language, Occupational therapist [OT], Physical Therapist [PT])
  10. The child's Service Coordinator who is responsible for the implementation of the IFSP for a child eligible for EI services.
  11. The child's preschool teacher if the child is or may be participating in a regular preschool for a child eligible for ECSE services.
  12. A representative from the child's school district the year before s/he enters kindergarten

The Continuum of Services for ECSE from Least Restrictive to Most Restrictive

  1. Regular preschool classroom
  2. Supplementary services in conjunction with a regular preschool classroom
  3. Home instruction
  4. Hospitals/Institutions
  5. For EI children, services must be provided in the natural environment whenever possible. The natural environment is defined in OAR 581-15-900 (16) as: Natural environment means settings that are natural or normal for the child's age peers who have no disability. To the maximum extent appropriate to the needs of the child, EI and ECSE must be provided in natural environments, including the home and community setting sin which children without disabilities participate.

Who Makes the Placement Decision?

The IFSP Team makes the placement decision.
  1. Review placement grid at least annually after the needs, goals and objectives have been identified
  2. Anytime new needs and/or goals and objectives are identified
  3. Determine child's needs, accommodations and special factors
  4. Least restrictive environment (LRE)
  5. Consider options that best meet child's needs
  6. Not based on parent preference alone
Some factors to consider when determining ECSE placement

Child/Educational Factors

  1. Ability to model/benefit from peers
  2. Ratio: staff to children
  3. Need for home visits/support
  4. Specific need such as: sign language, nursing, onsite PT/OT, Spanish/ESL, independence in adaptive skills, SCF involvement
Family Factors
  1. Need for childcare
  2. Convenience - close to home/work/school
  3. Need for home visits/support
  4. Need for other services
  5. Wrap around services
  6. SCF involvement
  7. Siblings who attend or attended a preschool or childcare site.

Transportation

Transportation can be identified as a related service on the IFSP. The child's resident school district is responsible for providing transportation to the child's early intervention/early childhood special education services if it is identified as a need and written as a related service on the child's IFSP. When discussing transportation, the following is encouraged:
  1. Whenever possible, family members transport the child to their program because that is how typically developing peers go to preschool and other activities and it will help to minimize differences. When a family member transports the child, it provides to opportunity for regular, daily contact with the child's teachers and familiarity with the classroom environment. This will give the family member information to talk about with the child and first hand knowledge of the experiences the child is having.
  2. If parents feel they cannot transport their child, have a discussion to see why they cannot do this and brainstorm ways to overcome barriers. Perhaps they can transport one way or receive reimbursement for mileage if the school district offers this option.
  3. If it is determined that transportation from the school district is necessary in order for the child to participate in her/his early intervention/early childhood special education services, attempts should be made to coordinate locations, days and times with the school district's transportation department whenever possible. This is to avoid long bus rides and unnecessary expenses. Reimbursement to the parents for mileage to and from EI/ECSE services may also be an option from some school districts.
  4. Some school districts have requested that a representative from their school district participate in the IFSP meeting if transportation will be needed as a related service. At the least, they should be invited to the IFSP meetings.
  5. If any equipment or special accommodations are required for the child to be transported by the school district, identify those on the IFSP.
  6. If transportation is requested from a school district, it must be listed on the cover sheet of the IFSP.

Separated or Divorced Parents and IFSP Meetings

Each child has only one IFSP with only one eligibility and placement decision. ECSE Specialists are not to have separate meetings for each parent. It is in the best interest of the child, parents and team members to plan together to achieve agreement on goals, objectives and services. An official notice will be sent to both parents. If it is impossible for both parents to meet together, the ECSE Specialist may agree to meet separately to share information but may not make changes outside of the one official meeting.

Legally both biological parents have the right to review their child's educational records. If there is one custodial parent, she or he cannot prevent the other parent from having access to the records or observing the child in her/his educational placement. The only exception to this involves an actual legal restraining order or specific wording in the legal divorce agreement. If this is the situation, the ECSE Specialist must be provided a copy of the document.