20 U.S.C. § 1476
Section 1476 · Requirements for statewide system
Amended 4 times on record
A statewide system of coordinated, comprehensive, multidisciplinary, interagency programs providing appropriate early intervention services to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities on reservations, shall include the minimum components under subsection (b) of this section.
The statewide system required by subsection (a) of this section shall include, at a minimum—
(1) a definition of the term “developmentally delayed” that will be used by the State in carrying out programs under this subchapter,
(2) timetables for ensuring that appropriate early intervention services will be available to all infants and toddlers with disabilities in the State, including Indian infants and toddlers with disabilities on reservations, before the beginning of the fifth year of a State's participation under this subchapter,
(3) a timely, comprehensive, multidisciplinary evaluation of the functioning of each infant and toddler with a disability in the State and the needs of the families to appropriately assist in the development of the infant or toddler with a disability,
(4) for each infant and toddler with a disability in the State, an individualized family service plan in accordance with section 1477 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 to all primary referral sources of information materials for parents on the availability of early intervention services, and procedures for determining the extent to which primary referral sources, especially hospitals and physicians, disseminate information on the availability of early intervention services to parents of infants with disabilities,
(7) a central directory which includes 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 1413(a)(3) of this title and that may include—
(A) implementing innovative strategies and activities for the recruitment and retention of early intervention 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 areas, and
(D) training personnel to coordinate transition services for infants and toddlers with disabilities from an early intervention program under this subchapter to a preschool program under section 1419 of this title.
(9) 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 1473 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 1473 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 1478(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 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,
(10) 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,
(11) a procedure for securing timely reimbursement of funds used under this subchapter in accordance with section 1481(a) of this title,
(12) procedural safeguards with respect to programs under this subchapter as required by section 1480 of this title,
(13) 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, and
(14) a system for compiling data on the numbers of infants and toddlers with disabilities and their families in the State in need of appropriate early intervention services (which may be based on a sampling of data), the numbers of such infants and toddlers and their families served, the types of services provided (which may be based on a sampling of data), and other information required by the Secretary.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1991—Pub. L. 102 119, §25(b), amended directory language of Pub. L. 101 476, §901(b). See 1990 Amendment note below.
Subsec. (a). Pub. L. 102 119, §19(a)(2)(A), inserted “, including Indian infants and toddlers with disabilities on reservations,” after “families”.
Subsec. (b)(2). Pub. L. 102 119, §19(a)(2)(B), inserted “, including Indian infants and toddlers with disabilities on reservations,” after “State”.
Subsec. (b)(4). Pub. L. 102 119, §25(a)(17)(A), substituted “infant and toddler with a disability” for “handicapped infant and toddler”.
Pub. L. 102 119, §13(1), substituted “service coordination” for “case management”.
Subsec. (b)(6). Pub. L. 102 119, §25(a)(17)(B), struck out “as required under this paragraph” before “to parents of infants”.
Subsec. (b)(8). Pub. L. 102 119, §13(2), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “a comprehensive system of personnel development, including training of primary referral sources respecting the basic components of early intervention services available in the State,”.
Subsec. (b)(9)(A). Pub. L. 102 119, §13(3)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the general administration, supervision, and monitoring of programs and activities receiving assistance under section 1473 of this title to ensure compliance with this subchapter,”.
Subsec. (b)(9)(C). Pub. L. 102 119, §13(3)(B), inserted “in accordance with section 1478(a)(2) of this title” after “responsibility” and substituted “agencies,” for “agency,”.
1990—Pub. L. 101 476, §901(b), was amended in its directory language by Pub. L. 102 119, §25(b), requiring no change in text.
Subsecs. (a), (b)(2). Pub. L. 101 476, §901(b)(166), (167), substituted “infants and toddlers with disabilities” for “handicapped infants and toddlers”.
Subsec. (b)(3). Pub. L. 101 476, §901(b)(168), (169), substituted “infant and toddler with a disability” and “infant or toddler with a disability” for “handicapped infant and toddler” and “handicapped infant or toddler”, respectively.
Subsec. (b)(4). Pub. L. 101 476, §901(b)(170), which directed the substitution of “infants and toddlers with disabilities” for “handicapped infants and toddlers”, could not be executed because the phrase “handicapped infants and toddlers” did not appear in text.
Subsec. (b)(6). Pub. L. 101 476, §901(b)(171), substituted “infants and toddlers with disabilities” for “handicapped infants and toddlers”.
Pub. L. 101 476, §802(1), inserted before comma at end “, including the preparation and dissemination by the lead agency to all primary referral sources of information materials for parents on the availability of early intervention services, and procedures for determining the extent to which primary referral sources, especially hospitals and physicians, disseminate information on the availability of early intervention services as required under this paragraph to parents of infants with disabilities”.
Subsec. (b)(8). Pub. L. 101 476, §802(2), inserted before comma at end “, including training of primary referral sources respecting the basic components of early intervention services available in the State”.
Subsec. (b)(9)(D), (14). Pub. L. 101 476, §901(b)(172), (173), substituted “infants and toddlers with disabilities” for “handicapped infants and toddlers”.
1988—Subsec. (b)(5). Pub. L. 100 630, §108(d)(1), made technical amendment to reference to subchapter II of this chapter resulting in no change in text and substituted “for participation by” for “for the participation by”.
Subsec. (b)(12). Pub. L. 100 630, §108(d)(2), struck out “and” at end.
Effective Date of 1991 Amendment
Amendment by section 13 of Pub. L. 102 119 effective July 1, 1992, except that each State has option to have amendment apply earlier than such date, see section 27(b) of Pub. L. 102 119, set out as a note under section 927 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101 476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101 476, set out as a note under section 1087ee of this title.