Page:United States Statutes at Large Volume 118.djvu/2781

 118 STAT. 2751 PUBLIC LAW 108–446—DEC. 3, 2004 to a child with a disability who is eligible for services under section 619 shall not be required to provide the child with a free appropriate public education under part B for the period of time in which the child is receiving services under this part. ‘‘(B) SERVICES UNDER THIS PART.—Nothing in this sub section shall be construed to require a provider of services under this part to provide a child served under this part with a free appropriate public education. ‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN. ‘‘(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—A statewide system described in section 633 shall provide, at a minimum, for each infant or toddler with a disability, and the infant’s or toddler’s family, to receive— ‘‘(1) a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs; ‘‘(2) a family directed assessment of the resources, prior ities, 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 the infant or toddler; and ‘‘(3) a written individualized family service plan developed by a multidisciplinary team, including the parents, as required by subsection (e), including a description of the appropriate transition services for the infant or toddler. ‘‘(b) PERIODIC REVIEW.—The individualized family service plan 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 infant or toddler and family needs). ‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The individualized family service plan shall be developed within a reasonable time after the assessment required by subsection (a)(1) is completed. With the parents’ consent, early intervention services may com mence prior to the completion of the assessment. ‘‘(d) CONTENT OF PLAN.—The individualized family service plan shall be in writing and contain— ‘‘(1) 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 objective criteria; ‘‘(2) a statement of the family’s resources, priorities, and concerns relating to enhancing the development of the family’s infant or toddler with a disability; ‘‘(3) a statement of the measurable results or outcomes expected to be achieved for the infant or toddler and the family, including pre literacy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes is being made and whether modifications or revisions of the results or outcomes or services are necessary; ‘‘(4) a statement of specific early intervention services based on peer reviewed research, to the extent practicable, necessary to meet the unique needs of the infant or toddler and the family, including the frequency, intensity, and method of deliv ering services; 20 USC 1436.

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