Dated March 13, 2003

David K. Steele

Part C Coordinator

Bureau of Maternal and Child Health

Department of Health and Environmental Control

Mills/Jarrett Complex, Box 101106

Columbia, South Carolina 29201

Dear Mr. Steele:

This is in response to your letter addressed to Patricia J. Guard,
former Acting Director, Office of Special Education Programs. In your
letter, you "request legal clarification regarding whether or not the
provision of respite and other family support services are required
early intervention services under Part C of IDEA \[Individuals with
Disabilities Education Act\]." In addition, your letter requests "formal
clarification as to whether states have discretion in determining what
services are provided in addition to those listed in section 303.12(d),
section 303.13, and the required 'at no cost services' (e.g.,
evaluation, service coordination, child find, etc.)."

Under Part C, appropriate early intervention services must be available
to all eligible children and their families. Early intervention services
means services that \--

(1) Are designed to meet the developmental needs of each child eligible
    under this part and the needs of the family related to enhancing the
    child\'s development;

(2) Are selected in collaboration with the parents;

(3) Are provided \--

    i.  Under public supervision;

    ii. By qualified personnel, as defined in §303.21, including the
        types of personnel listed in paragraph (e) of this section;

    iii. In conformity with an individualized family service plan; and

    iv. At no cost, unless, subject to §303.520(b)(3), Federal or State
        law provides for a system of payments by families, including a
        schedule of sliding fees; and

(4) Meet the standards of the State, including the requirements of this
    part.

> §303.12(a)

The Part C regulations list 16 "types" of services included under "early
intervention services". [See]{.underline} §303.12(a). The note following
§303.12 indicates that the lists of services are not exhaustive. The
note states "early intervention services may include such services as
the provision of respite and other family support services." The term
"respite" as used in that note is not intended to mean "reprieve" or
"rest" but rather a child care-type service provided to enable parent(s)
to participate or receive other early intervention services in order to
meet the outcomes on a child's IFSP.

In order for a parent to develop the capacity to assist his/her child in
meeting his/her developmental needs, the parent may need respite or
other type of care for the child while the parent participates in
appropriate early intervention activities. Families may need in-home or
other care arrangements for their child in order for the family to
participate in early intervention services that include a defined family
component, i.e., family training or counseling services, psychological
services, or social work. A family may need to participate in sign
language classes in order to assist the child in developing
communication skills or meet with a psychologist to design appropriate
behavioral management strategies to use when the child engages in
inappropriate behaviors. Although the provision of respite or other care
arrangements may be necessary for some families to participate in
appropriate early intervention activities, respite is not intended to
serve as child-care or "baby-sitting" assistance in ordinary
circumstances.

Early intervention services needed by a particular child are determined
through the IFSP process. The participants at the IFSP meeting, which
include the parent(s), identify the early intervention services that
meet the unique developmental needs of the child and the child's family
related to enhancing their child's development. [See]{.underline}
§303.343. The need for such services must be based on the results of the
evaluation and assessment of the child and the family-directed
identification of the needs of each child's family to appropriately
assist in the development of the child. Therefore, States have the
responsibility to ensure that the participants at the IFSP meeting
identify the early intervention services that meet the unique needs of
the child and the supports and services necessary to enhance the
family's capacity to meet the developmental needs of the child. It would
be inconsistent with Part C for a State to prohibit the provision of any
service that meets the definition of early intervention services
(§303.12, see above) specified on an IFSP to meet the developmental
needs of the child or the need of the family to enhance the child's
development.

We hope this response provides the necessary clarifications. Please feel
free to contact Sarah Willis, policy consultant in the Monitoring and
State Improvement Planning Division at 202-205-8658 if you need further
assistance.

> Sincerely,
>
> /s/ Patricia J. Guard for
>
> Stephanie S. Lee
>
> Director
>
> Office of Special Education Programs