1. U.S. Code
  2. title 20
  3. chapter 33
  4. subchapter III
  5. § 1439

Collapse to view only § 1439. Procedural safeguards

§ 1431. Findings and policy
(a) Findings
Congress finds that there is an urgent and substantial need—
(1) to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life;
(2) to reduce the educational costs to our society, including our Nation’s schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age;
(3) to maximize the potential for individuals with disabilities to live independently in society;
(4) to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; and
(5) to enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of all children, particularly minority, low-income, inner city, and rural children, and infants and toddlers in foster care.
(b) Policy
It is the policy of the United States to provide financial assistance to States—
(1) to develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families;
(2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage);
(3) to enhance State capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families; and
(4) to encourage States to expand opportunities for children under 3 years of age who would be at risk of having substantial developmental delay if they did not receive early intervention services.
(Pub. L. 91–230, title VI, § 631, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2744.)

CITE AS: 20 USC 1431

§ 1432. DefinitionsIn this subchapter:
(1) At-risk infant or toddler
(2) Council
(3) Developmental delay
(4) Early intervention servicesThe term “early intervention services” means developmental services that—
(A) are provided under public supervision;
(B) are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees;
(C) are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team, in any 1 or more of the following areas:
(i) physical development;
(ii) cognitive development;
(iii) communication development;
(iv) social or emotional development; or
(v) adaptive development;
(D) meet the standards of the State in which the services are provided, including the requirements of this subchapter;
(E) include—
(i) family training, counseling, and home visits;
(ii) special instruction;
(iii) speech-language pathology and audiology services, and sign language and cued language services;
(iv) occupational therapy;
(v) physical therapy;
(vi) psychological services;
(vii) service coordination services;
(viii) medical services only for diagnostic or evaluation purposes;
(ix) early identification, screening, and assessment services;
(x) health services necessary to enable the infant or toddler to benefit from the other early intervention services;
(xi) social work services;
(xii) vision services;
(xiii) assistive technology devices and assistive technology services; and
(xiv) transportation and related costs that are necessary to enable an infant or toddler and the infant’s or toddler’s family to receive another service described in this paragraph;
(F) are provided by qualified personnel, including—
(i) special educators;
(ii) speech-language pathologists and audiologists;
(iii) occupational therapists;
(iv) physical therapists;
(v) psychologists;
(vi) social workers;
(vii) nurses;
(viii) registered dietitians;
(ix) family therapists;
(x) vision specialists, including ophthalmologists and optometrists;
(xi) orientation and mobility specialists; and
(xii) pediatricians and other physicians;
(G) to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and
(H) are provided in conformity with an individualized family service plan adopted in accordance with section 1436 of this title.
(5) Infant or toddler with a disabilityThe term “infant or toddler with a disability”—
(A) means an individual under 3 years of age who needs early intervention services because the individual—
(i) is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in 1 or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or
(ii) has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; and
(B) may also include, at a State’s discretion—
(i) at-risk infants and toddlers; and
(ii) children with disabilities who are eligible for services under section 1419 of this title and who previously received services under this subchapter until such children enter, or are eligible under State law to enter, kindergarten or elementary school, as appropriate, provided that any programs under this subchapter serving such children shall include—(I) an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills; and(II) a written notification to parents of their rights and responsibilities in determining whether their child will continue to receive services under this subchapter or participate in preschool programs under section 1419 of this title.
(Pub. L. 91–230, title VI, § 632, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2744.)

CITE AS: 20 USC 1432

§ 1433. General authority

The Secretary shall, in accordance with this subchapter, make grants to States (from their allotments under section 1443 of this title) to assist each State to maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families.

(Pub. L. 91–230, title VI, § 633, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2746.)

CITE AS: 20 USC 1433

§ 1434. Eligibility
In order to be eligible for a grant under section 1433 of this title, a State shall provide assurances to the Secretary that the State—
(1) has adopted a policy that appropriate early intervention services are available to all infants and toddlers with disabilities in the State and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State, infants and toddlers with disabilities who are homeless children and their families, and infants and toddlers with disabilities who are wards of the State; and
(2) has in effect a statewide system that meets the requirements of section 1435 of this title.
(Pub. L. 91–230, title VI, § 634, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2746.)

CITE AS: 20 USC 1434

§ 1435. Requirements for statewide system
(a) In generalA statewide system described in section 1433 of this title shall include, at a minimum, the following components:
(1) A rigorous definition of the term “developmental delay” that will be used by the State in carrying out programs under this subchapter in order to appropriately identify infants and toddlers with disabilities that are in need of services under this subchapter.
(2) A State policy that is in effect and that ensures that appropriate early intervention services based on scientifically based research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State and infants and toddlers with disabilities who are homeless children and their families.
(3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such an infant or toddler, to assist appropriately in the development of the infant or toddler.
(4) For each infant or toddler with a disability in the State, an individualized family service plan in accordance with section 1436 of this title, including service coordination services in accordance with such service plan.
(5) A comprehensive child find system, consistent with subchapter II, including a system for making referrals to service providers that includes timelines and provides for participation by primary referral sources and that ensures rigorous standards for appropriately identifying infants and toddlers with disabilities for services under this subchapter that will reduce the need for future services.
(6) A public awareness program focusing on early identification of infants and toddlers with disabilities, including the preparation and dissemination by the lead agency designated or established under paragraph (10) to all primary referral sources, especially hospitals and physicians, of information to be given to parents, especially to inform parents with premature infants, or infants with other physical risk factors associated with learning or developmental complications, on the availability of early intervention services under this subchapter and of services under section 1419 of this title, and procedures for assisting such sources in disseminating such information to parents of infants and toddlers with disabilities.
(7) A central directory that includes information on 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 with respect to the basic components of early intervention services available in the State that—
(A) shall include—
(i) implementing innovative strategies and activities for the recruitment and retention of early education service providers;
(ii) promoting the preparation of early intervention providers who are fully and appropriately qualified to provide early intervention services under this subchapter; and
(iii) training personnel to coordinate transition services for infants and toddlers served under this subchapter from a program providing early intervention services under this subchapter and under subchapter II (other than section 1419 of this title), to a preschool program receiving funds under section 1419 of this title, or another appropriate program; and
(B) may include—
(i) training personnel to work in rural and inner-city areas; and
(ii) training personnel in the emotional and social development of young children.
(9) Policies and procedures relating to the establishment and maintenance of qualifications to ensure that personnel necessary to carry out this subchapter are appropriately and adequately prepared and trained, including the establishment and maintenance of qualifications that are consistent with any State-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which such personnel are providing early intervention services, except that nothing in this subchapter (including this paragraph) shall be construed to prohibit the use of paraprofessionals and assistants who are appropriately trained and supervised in accordance with State law, regulation, or written policy, to assist in the provision of early intervention services under this subchapter to infants and toddlers with disabilities.
(10) 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 1433 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 1433 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 1437(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 under this subchapter 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.
(11) 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.
(12) A procedure for securing timely reimbursements of funds used under this subchapter in accordance with section 1440(a) of this title.
(13) Procedural safeguards with respect to programs under this subchapter, as required by section 1439 of this title.
(14) A system for compiling data requested by the Secretary under section 1418 of this title that relates to this subchapter.
(15) A State interagency coordinating council that meets the requirements of section 1441 of this title.
(16) Policies and procedures to ensure that, consistent with section 1436(d)(5) of this title—
(A) to the maximum extent appropriate, early intervention services are provided in natural environments; and
(B) the provision of early intervention services for any infant or toddler with a disability occurs in a setting other than a natural environment that is most appropriate, as determined by the parent and the individualized family service plan team, only when early intervention cannot be achieved satisfactorily for the infant or toddler in a natural environment.
(b) Policy
(c) Flexibility to serve children 3 years of age until entrance into elementary school
(1) In general
(2) RequirementsIf a statewide system includes a State policy described in paragraph (1), the statewide system shall ensure that—
(A) parents of children with disabilities served pursuant to this subsection are provided annual notice that contains—
(i) a description of the rights of such parents to elect to receive services pursuant to this subsection or under subchapter II; and
(ii) an explanation of the differences between services provided pursuant to this subsection and services provided under subchapter II, including—(I) types of services and the locations at which the services are provided;(II) applicable procedural safeguards; and(III) possible costs (including any fees to be charged to families as described in section 1432(4)(B) of this title), if any, to parents of infants or toddlers with disabilities;
(B) services provided pursuant to this subsection include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills;
(C) the State policy will not affect the right of any child served pursuant to this subsection to instead receive a free appropriate public education under subchapter II;
(D) all early intervention services outlined in the child’s individualized family service plan under section 1436 of this title are continued while any eligibility determination is being made for services under this subsection;
(E) the parents of infants or toddlers with disabilities (as defined in section 1432(5)(A) of this title) provide informed written consent to the State, before such infants or toddlers reach 3 years of age, as to whether such parents intend to choose the continuation of early intervention services pursuant to this subsection for such infants or toddlers;
(F) the requirements under section 1437(a)(9) of this title shall not apply with respect to a child who is receiving services in accordance with this subsection until not less than 90 days (and at the discretion of the parties to the conference, not more than 9 months) before the time the child will no longer receive those services; and
(G) there will be a referral for evaluation for early intervention services of a child who experiences a substantiated case of trauma due to exposure to family violence (as defined in section 10402 of title 42).
(3) Reporting requirement
(4) Available funds
(5) Rules of construction
(A) Services under subchapter II
(B) Services under this subchapter
(Pub. L. 91–230, title VI, § 635, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2747; amended Pub. L. 111–320, title II, § 202(b), Dec. 20, 2010, 124 Stat. 3509.)

CITE AS: 20 USC 1435

§ 1436. Individualized family service plan
(a) Assessment and program development
A statewide system described in section 1433 of this title 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, priorities, 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
(c) Promptness after 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 delivering services;
(5) a statement of the natural environments in which early intervention services will appropriately be provided, including a justification of the extent, if any, to which the services will not be provided in a natural environment;
(6) the projected dates for initiation of services and the anticipated length, duration, and frequency of the services;
(7) the identification of the service coordinator from the profession most immediately relevant to the infant’s or toddler’s or family’s needs (or who is otherwise qualified to carry out all applicable responsibilities under this subchapter) who will be responsible for the implementation of the plan and coordination with other agencies and persons, including transition services; and
(8) the steps to be taken to support the transition of the toddler with a disability to preschool or other appropriate services.
(e) Parental consent
(Pub. L. 91–230, title VI, § 636, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2751.)

CITE AS: 20 USC 1436

§ 1437. State application and assurances
(a) ApplicationA State desiring to receive a grant under section 1433 of this title shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall contain—
(1) a designation of the lead agency in the State that will be responsible for the administration of funds provided under section 1433 of this title;
(2) a certification to the Secretary that the arrangements to establish financial responsibility for services provided under this subchapter pursuant to section 1440(b) of this title are current as of the date of submission of the certification;
(3) information demonstrating eligibility of the State under section 1434 of this title, including—
(A) information demonstrating to the Secretary’s satisfaction that the State has in effect the statewide system required by section 1433 of this title; and
(B) a description of services to be provided to infants and toddlers with disabilities and their families through the system;
(4) if the State provides services to at-risk infants and toddlers through the statewide system, a description of such services;
(5) a description of the uses for which funds will be expended in accordance with this subchapter;
(6) a description of the State policies and procedures that require the referral for early intervention services under this subchapter of a child under the age of 3 who—
(A) is involved in a substantiated case of child abuse or neglect; or
(B) is identified as affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure;
(7) a description of the procedure used to ensure that resources are made available under this subchapter for all geographic areas within the State;
(8) a description of State policies and procedures that ensure that, prior to the adoption by the State of any other policy or procedure necessary to meet the requirements of this subchapter, there are public hearings, adequate notice of the hearings, and an opportunity for comment available to the general public, including individuals with disabilities and parents of infants and toddlers with disabilities;
(9) a description of the policies and procedures to be used—
(A) to ensure a smooth transition for toddlers receiving early intervention services under this subchapter (and children receiving those services under section 1435(c) of this title) to preschool, school, other appropriate services, or exiting the program, including a description of how—
(i) the families of such toddlers and children will be included in the transition plans required by subparagraph (C); and
(ii) the lead agency designated or established under section 1435(a)(10) of this title will—(I) notify the local educational agency for the area in which such a child resides that the child will shortly reach the age of eligibility for preschool services under subchapter II, as determined in accordance with State law;(II) in the case of a child who may be eligible for such preschool services, with the approval of the family of the child, convene a conference among the lead agency, the family, and the local educational agency not less than 90 days (and at the discretion of all such parties, not more than 9 months) before the child is eligible for the preschool services, to discuss any such services that the child may receive; and(III) in the case of a child who may not be eligible for such preschool services, with the approval of the family, make reasonable efforts to convene a conference among the lead agency, the family, and providers of other appropriate services for children who are not eligible for preschool services under subchapter II, to discuss the appropriate services that the child may receive;
(B) to review the child’s program options for the period from the child’s third birthday through the remainder of the school year; and
(C) to establish a transition plan, including, as appropriate, steps to exit from the program;
(10) a description of State efforts to promote collaboration among Early Head Start programs under section 9840a of title 42, early education and child care programs, and services under this subchapter; and
(11) such other information and assurances as the Secretary may reasonably require.
(b) AssurancesThe application described in subsection (a)—
(1) shall provide satisfactory assurance that Federal funds made available under section 1443 of this title to the State will be expended in accordance with this subchapter;
(2) shall contain an assurance that the State will comply with the requirements of section 1440 of this title;
(3) shall provide satisfactory assurance that the control of funds provided under section 1443 of this title, and title to property derived from those funds, will be in a public agency for the uses and purposes provided in this subchapter and that a public agency will administer such funds and property;
(4) shall provide for—
(A) making such reports in such form and containing such information as the Secretary may require to carry out the Secretary’s functions under this subchapter; and
(B) keeping such reports and affording such access to the reports as the Secretary may find necessary to ensure the correctness and verification of those reports and proper disbursement of Federal funds under this subchapter;
(5) provide satisfactory assurance that Federal funds made available under section 1443 of this title to the State—
(A) will not be commingled with State funds; and
(B) will be used so as to supplement the level of State and local funds expended for infants and toddlers with disabilities and their families and in no case to supplant those State and local funds;
(6) shall provide satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to ensure proper disbursement of, and accounting for, Federal funds paid under section 1443 of this title to the State;
(7) shall provide satisfactory assurance that policies and procedures have been adopted to ensure meaningful involvement of underserved groups, including minority, low-income, homeless, and rural families and children with disabilities who are wards of the State, in the planning and implementation of all the requirements of this subchapter; and
(8) shall contain such other information and assurances as the Secretary may reasonably require by regulation.
(c) Standard for disapproval of application
(d) Subsequent State application
(e) Modification of application
(f) Modifications required by the SecretaryThe Secretary may require a State to modify its application under this section, but only to the extent necessary to ensure the State’s compliance with this subchapter, if—
(1) an amendment is made to this chapter, or a Federal regulation issued under this chapter;
(2) a new interpretation of this chapter is made by a Federal court or the State’s highest court; or
(3) an official finding of noncompliance with Federal law or regulations is made with respect to the State.
(Pub. L. 91–230, title VI, § 637, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2752.)

CITE AS: 20 USC 1437

§ 1438. Uses of fundsIn addition to using funds provided under section 1433 of this title to maintain and implement the statewide system required by such section, a State may use such funds—
(1) for direct early intervention services for infants and toddlers with disabilities, and their families, under this subchapter that are not otherwise funded through other public or private sources;
(2) to expand and improve on services for infants and toddlers and their families under this subchapter that are otherwise available;
(3) to provide a free appropriate public education, in accordance with subchapter II, to children with disabilities from their third birthday to the beginning of the following school year;
(4) with the written consent of the parents, to continue to provide early intervention services under this subchapter to children with disabilities from their 3rd birthday until such children enter, or are eligible under State law to enter, kindergarten, in lieu of a free appropriate public education provided in accordance with subchapter II; and
(5) in any State that does not provide services for at-risk infants and toddlers under section 1437(a)(4) of this title, to strengthen the statewide system by initiating, expanding, or improving collaborative efforts related to at-risk infants and toddlers, including establishing linkages with appropriate public or private community-based organizations, services, and personnel for the purposes of—
(A) identifying and evaluating at-risk infants and toddlers;
(B) making referrals of the infants and toddlers identified and evaluated under subparagraph (A); and
(C) conducting periodic follow-up on each such referral to determine if the status of the infant or toddler involved has changed with respect to the eligibility of the infant or toddler for services under this subchapter.
(Pub. L. 91–230, title VI, § 638, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2755.)

CITE AS: 20 USC 1438

§ 1439. Procedural safeguards
(a) Minimum proceduresThe procedural safeguards required to be included in a statewide system under section 1435(a)(13) of this title shall provide, at a minimum, the following:
(1) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding an administrative complaint shall have the right to bring a civil action with respect to the complaint in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. In any action brought under this paragraph, the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.
(2) The right to confidentiality of personally identifiable information, including the right of parents to written notice of and written consent to the exchange of such information among agencies consistent with Federal and State law.
(3) The right of the parents to determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service under this subchapter in accordance with State law without jeopardizing other early intervention services under this subchapter.
(4) The opportunity for parents to examine records relating to assessment, screening, eligibility determinations, and the development and implementation of the individualized family service plan.
(5) Procedures to protect the rights of the infant or toddler whenever the parents of the infant or toddler are not known or cannot be found or the infant or toddler is a ward of the State, including the assignment of an individual (who shall not be an employee of the State lead agency, or other State agency, and who shall not be any person, or any employee of a person, providing early intervention services to the infant or toddler or any family member of the infant or toddler) to act as a surrogate for the parents.
(6) Written prior notice to the parents of the infant or toddler with a disability whenever the State agency or service provider proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, or placement of the infant or toddler with a disability, or the provision of appropriate early intervention services to the infant or toddler.
(7) Procedures designed to ensure that the notice required by paragraph (6) fully informs the parents, in the parents’ native language, unless it clearly is not feasible to do so, of all procedures available pursuant to this section.
(8) The right of parents to use mediation in accordance with section 1415 of this title, except that—
(A) any reference in the section to a State educational agency shall be considered to be a reference to a State’s lead agency established or designated under section 1435(a)(10) of this title;
(B) any reference in the section to a local educational agency shall be considered to be a reference to a local service provider or the State’s lead agency under this subchapter, as the case may be; and
(C) any reference in the section to the provision of a free appropriate public education to children with disabilities shall be considered to be a reference to the provision of appropriate early intervention services to infants and toddlers with disabilities.
(b) Services during pendency of proceedings
(Pub. L. 91–230, title VI, § 639, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2755.)

CITE AS: 20 USC 1439

§ 1440. Payor of last resort
(a) Nonsubstitution
(b) Obligations related to and methods of ensuring services
(1) Establishing financial responsibility for services
(A) In general
The Chief Executive Officer of a State or designee of the officer shall ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency and the designated lead agency, in order to ensure—
(i) the provision of, and financial responsibility for, services provided under this subchapter; and
(ii) such services are consistent with the requirements of section 1435 of this title and the State’s application pursuant to section 1437 of this title, including the provision of such services during the pendency of any such dispute.
(B) Consistency between agreements or mechanisms under subchapter II
(2) Reimbursement for services by public agency
(A) In general
(B) Reimbursement
(3) Special rule
The requirements of paragraph (1) may be met through—
(A) State statute or regulation;
(B) signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or
(C) other appropriate written methods as determined by the Chief Executive Officer of the State or designee of the officer and approved by the Secretary through the review and approval of the State’s application pursuant to section 1437 of this title.
(c) Reduction of other benefits
(Pub. L. 91–230, title VI, § 640, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2757.)

CITE AS: 20 USC 1440

§ 1441. State interagency coordinating council
(a) Establishment
(1) In general
(2) Appointment
(3) Chairperson
(b) Composition
(1) In general
The council shall be composed as follows:
(A) Parents
(B) Service providers
(C) State legislature
(D) Personnel preparation
(E) Agency for early intervention services
(F) Agency for preschool services
(G) State medicaid agency
(H) Head Start agency
(I) Child care agency
(J) Agency for health insurance
(K) Office of the Coordinator of Education of Homeless Children and Youth
(L) State foster care representative
(M) Mental health agency
(2) Other members
(c) Meetings
(d) Management authority
(e) Functions of council
(1) Duties
The council shall—
(A) advise and assist the lead agency designated or established under section 1435(a)(10) of this title in the performance of the responsibilities set forth in such section, particularly the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility to the appropriate agency, and the promotion of the interagency agreements;
(B) advise and assist the lead agency in the preparation of applications and amendments thereto;
(C) advise and assist the State educational agency regarding the transition of toddlers with disabilities to preschool and other appropriate services; and
(D) prepare and submit an annual report to the Governor and to the Secretary on the status of early intervention programs for infants and toddlers with disabilities and their families operated within the State.
(2) Authorized activity
(f) Conflict of interest
(Pub. L. 91–230, title VI, § 641, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2758.)

CITE AS: 20 USC 1441

§ 1442. Federal administration
Sections 1416, 1417, and 1418 of this title shall, to the extent not inconsistent with this subchapter, apply to the program authorized by this subchapter, except that—
(1) any reference in such sections to a State educational agency shall be considered to be a reference to a State’s lead agency established or designated under section 1435(a)(10) of this title;
(2) any reference in such sections to a local educational agency, educational service agency, or a State agency shall be considered to be a reference to an early intervention service provider under this subchapter; and
(3) any reference to the education of children with disabilities or the education of all children with disabilities shall be considered to be a reference to the provision of appropriate early intervention services to infants and toddlers with disabilities.
(Pub. L. 91–230, title VI, § 642, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2760.)

CITE AS: 20 USC 1442

§ 1443. Allocation of funds
(a) Reservation of funds for outlying areas
(1) In general
(2) Consolidation of funds
(b) Payments to Indians
(1) In general
(2) Allocation
(3) Information
(4) Use of funds
(5) Reports
(6) Prohibited uses of funds
(c) State allotments
(1) In general
(2) Minimum allotments
Except as provided in paragraph (3), no State shall receive an amount under this section for any fiscal year that is less than the greater of—
(A) ½ of 1 percent of the remaining amount described in paragraph (1); or
(B) $500,000.
(3) Ratable reduction
(A) In general
(B) Additional funds
(4) Definitions
In this subsection—
(A) the terms “infants” and “toddlers” mean children under 3 years of age; and
(B) the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(d) Reallotment of funds
(e) Reservation for State incentive grants
(1) In general
(2) Amount of grant
(A) In general
(B) Maximum amount
(3) Carryover of amounts
(A) First succeeding fiscal year
(B) Second succeeding fiscal year
(Pub. L. 91–230, title VI, § 643, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2760.)

CITE AS: 20 USC 1443

§ 1444. Authorization of appropriations

For the purpose of carrying out this subchapter, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2010.

(Pub. L. 91–230, title VI, § 644, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2763.)

CITE AS: 20 USC 1444