Home > Special Insights Archive > October - November 2003 > Know Your Child's Rights: Birth - 2 Years

This article is the first part of a multi-part series originally published in the Volta Voices newsletter and prepared by Arthur Ackerhalt, Esq., and Elizabeth Wright, Esq. .

The Individuals with Disabilities Act (IDEA) was enacted by Congress in 1975 to address the failure of state governments and local school districts to meet the needs of children with disabilities. IDEA protects children from birth to 21. One part of the act addresses the needs of infants and toddlers (0-2), while another is aimed at school-aged children and youths (3-21). While the protections offered to each group are similar, they are not identical.

Infants & Toddlers
Infants and toddlers with disabilities are those children who require early intervention services because they are experiencing developmental delays or have a diagnosed physical or mental condition that has a high probability of resulting in delay. An eligible child is entitled to those services which are necessary to meet the needs of both the child and his/her family. The legal standard for provision of early intervention services (as with the 3-21 year olds) is the appropriateness of the service. Specifically, federal law requires: (1) a multi-disciplinary assessment of the strengths and needs of the child and the identification of services appropriate to meet such needs; (2) a family-directed assessment of the resources, priorities an concerns of the family and the identification of the supports/services necessary to enhance the family's ability to meet the needs of the child; and (3) a written individualized family service plan (ISP) which specifies the early intervention services "necessary to meet the needs of the child and family."

Early intervention services are designed to meet the child's physical, cognitive, communication, social, emotional, and/or adaptive developmental needs. Consequently, a list of services includes, for example, family training, counseling, speech-language pathology, audiology services, occupational therapy, physical therapy, and assistive technology.
Also included are transportation and related costs necessary to enable the child/family to receive other intervention services.

Unlike services to school-aged children (in a classroom setting), early intervention services should be provided in natural environments, including the home and community settings, that are considered natural for the child's non-disabled peers. Nevertheless, the paramount concern is the providing of appropriate services.

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