IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
statewide system of early intervention services in subpart D of this part and this subpart.
(c) States with FAPE mandates, or that use funds under Part B of the Act to serve children under age three. If a State has in effect a State law requiring the provision of FAPE for, or uses Part B funds to serve, an infant or toddler with a disability under the age of three (or any subset of infants and toddlers with disabilities under the age of three), the State may not charge the parents of the infant or toddler with a disability for any services (e.g., physical or occupational therapy) under this part that are part of FAPE for that infant or toddler
and the child’s family, and those FAPE services must meet
the requirements of both Parts B and C of the Act.
(d) Family fees. (1) Fees or costs collected from a
parent or the child’s family to pay for early intervention
services under a State’s system of payments are program
income under 34 CFR 80.25. A State may add this program income to its Part C grant funds, rather than deducting the
program income from the amount of the State’s Part C grant.
Any fees collected must be used for the purposes of the grant under Part C of the Act.
(2) Fees collected under a system of payments are
considered neither State nor local funds under §303.225(b).