SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

ELIGIBILITY CRITERIA

Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.

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Letter to Ms. Linda Goodman
October 24, 2003
Topic: Eligibility Criteria
Letter regarding the State's obligation to evaluate and assess infants or toddlers who are suspected of having a disability and whether the State can deny services to families who refuse to pay or repeatedly fail to keep appointments.
download files MS Word (25K) | PDF (82K)

Letter to Ms. Deborah Barnett
May 17, 2001
Topic: Eligibility Criteria
Letter regarding the use of informed clinical opinion in determining eligibility, the provision of respite care and transportation as part of early intervention services, and the need for appropriately trained staff.
download files MS Word (35K) | PDF (325K)

Letter to Honorable Kurt Knickrehm
May 3, 2001
Topic: Eligibility Criteria
Letter clarifying the need to review public awareness and child find activities to ensure that culturally appropriate materials are provided to all populations in the State and that States can establish initial eligibility criteria but cannot set additional criteria for individual services for a child who has already been determined to be eligible under Part C.
download files MS Word (31K) | PDF (264K)

Letter to Dr. Garry Gardner
May 2, 2001
Topic: Eligibility Criteria
Letter regarding the flexibility that Part C provides States in defining the ''developmental delay'' category for determining the eligibility of infants and toddlers with disabilities and the procedures that States must follow in making changes to this category.
download files MS Word (35K) | PDF (76K)

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Last Modified: 05/04/2007