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Next Meeting: Friday, March 14, 2008

Time: 2:00p.m.

Phone Number: 916.551.3441 or 866.328.8875

Access Code: 0189976

DHC holds a monthly teleconference call every second Friday of the month from 2:00p.m. - 3:00p.m.

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Comments Regarding Proposed Changes to Regulations on IDEA Part C - Early Intervention for Infants and Toddlers Program

The Arc and United Cerebral Palsy Make Comments Available to Disability Advocates
 


Background

On May 9, 2007, the Office of Special Education and Rehabilitative Services (OSERS) of the U.S. Department of Education issued a notice of proposed rule making (NPRM). This notice pertained to the regulations that the Secretary of Education is proposing to amend that govern the Early Intervention Program for Infants and Toddlers with Disabilities. The proposed amended regulations would implement changes made to the Individuals with Disabilities Education Act (IDEA) by the Individuals with Disabilities Education Improvement Act of 2004.

In 2004, the IDEA was revised to - (1) Emphasize child find for underserved populations of infants and toddlers; (2) increase accountability for the success of early intervention services; (3) ensure a seamless transition for children and families when they exit from the Part C program to other appropriate programs; (4) provide States with flexibility to provide early intervention services to children with disabilities who are age three and older; (5) provide States with alternatives to dispute resolution under Part C's procedural safeguards; (6) clarify certain definitions including specific early intervention services, qualified personnel, and natural environments; and (7) streamline Part C grant application requirements.

The Secretary of Education stated that revisions to the federal regulations governing IDEA Part C (34 CFR, Part 303) were "necessary in order for the Department to appropriately and effectively address the provisions of the law and to assist State lead agencies and early intervention service programs and providers in implementing their responsibilities under the law."

For additional information, including the listing of proposed amendments to the regulations, please see the May 9 notice in the Federal Register here.

Status

Comments are due by Monday, July 23.

Directions for submitting comments to the Department of Education

Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. The Department of Education will not accept comments by fax or by e-mail. Please submit your comments only one time, in order to ensure that they do not receive duplicate copies. In addition, please include the Docket ID ED-2007-OSERS-131 at the top of your comments.

Federal eRulemaking Portal

Go to http://www.regulations.gov, select "Department of Education" from the agency drop-down menu, then click "Submit." In the Docket ID column, select ED-2007-OSERS-131 to add or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for submitting comments, accessing documents, and viewing the docket after the close of the comment period, is available through the site's "User Tips" link.

Postal Mail, Commercial Delivery, or Hand Delivery

If you mail or deliver your comments about these proposed regulations, address them to: Acting Director, Office of Special Education Programs, U.S. Department of Education, 400 Maryland Avenue, SW., room 4109, Potomac Center Plaza, Washington, DC 20202-2600.

If you submit comments, we encourage you to provide a copy to the DPC so that we may post them on our website. Please submit copies to Acosta@thedpc.org

Take Action

Feel free to use The Arc and United Cerebral Palsy's comments in part or in their entirety. We urge all special education advocates to respond to the proposed regulations.

Please note that you can also view our comments on the DPC webpage by going to http://www.thearc.org and clicking on "Public Policy."

 

Adoption Assistance Program
From The Trailer Bill - Senate
[ as of 2:00p.m. 7-20-07 ]
  • The trailer bill clarifies that the rate paid for “dual eligible” children (AFDC-Foster Care, or AAP, and Regional Center Eligible) are for care and supervision needs only; and that Regional Centers are responsible for paying for the services and supports identified in the child’s IPP.
  • The standard rate for care and supervision paid by the county (DSS) for dual eligible kids is $2,006.  All kids that are dual eligible prior to July 1, 2007 receive the same rate they are currently receiving.  So, the standard rate affects all new consumers.
  • A supplement of up to $1,000 on top of the standard rate is established for kids who have care and supervision needs that are so extraordinary that cannot be addressed with the standard rate. The DSS has sole authority to authorize this rate supplement.  When DSS considers a request for a supplement, they shall seek information from the regional center to assist in the assessment and determination.  Additionally, a stakeholder workgroup process shall be set up and conducted by DDS and DSS to determine the criteria used for the exception process.  The stakeholder group shall take into account the extent to which the child has any of the following:  1) Severe Impairment in physical condition and mobility; 2) Severe Impairment in self help sills; 3) Severe Impairment in self injurious behavior; 4) Severe Medical Condition.
  • The DSS shall issue an All County Letter to implement criteria 120 days after the passage of the bill.
  • All dual eligible children shall be afforded the same due process rights as all children who apply for AFDC-FC or AAP benefits.
  • DDS and DSS has strict reporting requirements twice a year to the Join Legislative Budget Committee that will help track the outcomes of the changes in this trailer bill language.  It is a lengthy list that is contained in the bill.  The first report is due Oct. 1, 2007.
 
Events of Interest:

  • Supported Life 2007 21st Annual Conference

"Create Positive Change through Shared Action"

October 3 - 5, 2007

DoubleTree Hotel

Sacramento, California

Register online:.supportedlife.org

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Community Informational Meeting

San Luis Obispo

July 26, 2007

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Special Education Seminar

Advocacy Training

Saturday July 28,2007

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