1.1 OSEP finds that the State does not ensure a timely comprehensive, multidisciplinary evaluation and assessment of each child under the age of three who is referred for evaluation or early intervention services under IDEA Part C and suspected of having a disability, as required by 20 U.S.C. §§ 1221e-3, 1435(a)(3), 1436(a)(1), 1436(a)(3), and 34 C.F.R. §§ 303.24(a) and 303.321.
Policies and Procedures—the State must submit to OSEP by March 17, 2026:
- A copy of the memorandum or other directive to all EIS programs and providers, parent advocacy groups, and other interested parties notifying the field of the required evaluation and assessment process that ensures two or more separate disciplines or professions with respect to the evaluation and assessment of each child under the age of three who is referred for evaluation or early intervention services under IDEA Part C and suspected of having a disability consistent with 34 C.F.R. §§ 303.24(a) and 303.321.
Evidence of Implementation— as soon as possible, but no later than December 17, 2026, the State must submit to OSEP:
- Actual monitoring reports or updated data, and evidence of relevant training, demonstrating that the State has implemented practices consistent with the requirements in 34 C.F.R. §§ 303.24(a) and 303.321.
- Evidence of training that the State has provided to EIS providers to support implementation of the State’s policies and procedures, consistent with the IDEA Part C requirements as described above.
1.2 OSEP finds that the State is unable to ensure that individual(s) who conduct the evaluations and assessments participate in the IFSP team meeting, as required by 20 U.S.C. §§ 1432(4), 1435, 1436 (a)(3), and 34 C.F.R. § 303.343(a)(1)(v).
Policies and Procedures—the State must submit to OSEP by March 17, 2026:
- Updated policies and procedures that ensure the person or persons directly involved in conducting the evaluations and assessments participate in the initial and annual IFSP team meeting, or what procedures the State would use if an evaluator was unable to participate in the eligibility determination meeting or IFSP meeting, consistent with 34 C.F.R. § 303.343(a)(1)(v)
- Updated monitoring protocols that ensure EIS programs follow the revised policies and procedures regarding the participation of evaluators in IFSP meetings.
- A copy of the memorandum or other directive to all EIS programs and providers, parent advocacy groups, and other interested parties, advising them of the State’s revised policies and procedures team meetings, consistent with the IDEA Part C requirements as described above.
Evidence of Implementation— as soon as possible, but no later than December 17, 2026, the State must submit to OSEP:
- Actual monitoring reports or updated data demonstrating that the State has implemented the revised policies and procedures and provided monitoring or other oversight of the requirements in 34 C.F.R. § 303.343(a)(1)(v).
- Evidence of training that the State has provided to EIS providers to support implementation of the State’s revised policies and procedures, consistent with the IDEA Part C requirements as described above.
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