U.S. Code » Title 20 » Chapter CHAPTER 33— EDUCATION OF INDIVIDUALS WITH DISABILITIES › Subchapter SUBCHAPTER III— INFANTS AND TODDLERS WITH DISABILITIES

20 U.S.C. § 1432

Definitions

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In this subchapter:(1) At-risk infant or toddler

The term “at-risk infant or toddler” means an individual under 3 years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual.

(2) Council

The term “council” means a State interagency coordinating council established under section 1441 of this title.

(3) Developmental delay

The term “developmental delay”, when used with respect to an individual residing in a State, has the meaning given such term by the State under section 1435(a)(1) of this title.

(4) Early intervention servicesThe term “early intervention services” means developmental services that—(A) are provided under public supervision;(B) are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees;(C) are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team, in any 1 or more of the following areas:(i) physical development;(ii) cognitive development;(iii) communication development;(iv) social or emotional development; or(v) adaptive development;(D) meet the standards of the State in which the services are provided, including the requirements of this subchapter;(E) include—(i) family training, counseling, and home visits;(ii) special instruction;(iii) speech-language pathology and audiology services, and sign language and cued language services;(iv) occupational therapy;(v) physical therapy;(vi) psychological services;(vii) service coordination services;(viii) medical services only for diagnostic or evaluation purposes;(ix) early identification, screening, and assessment services;(x) health services necessary to enable the infant or toddler to benefit from the other early intervention services;(xi) social work services;(xii) vision services;(xiii) assistive technology devices and assistive technology services; and(xiv) transportation and related costs that are necessary to enable an infant or toddler and the infant’s or toddler’s family to receive another service described in this paragraph;(F) are provided by qualified personnel, including—(i) special educators;(ii) speech-language pathologists and audiologists;(iii) occupational therapists;(iv) physical therapists;(v) psychologists;(vi) social workers;(vii) nurses;(viii) registered dietitians;(ix) family therapists;(x) vision specialists, including ophthalmologists and optometrists;(xi) orientation and mobility specialists; and(xii) pediatricians and other physicians;(G) to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and(H) are provided in conformity with an individualized family service plan adopted in accordance with section 1436 of this title.(5) Infant or toddler with a disabilityThe term “infant or toddler with a disability”—(A) means an individual under 3 years of age who needs early intervention services because the individual—(i) is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in 1 or more of the areas of cognitive development, physical development, communication development, social or emotional development, and adaptive development; or(ii) has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; and(B) may also include, at a State’s discretion—(i) at-risk infants and toddlers; and(ii) children with disabilities who are eligible for services under section 1419 of this title and who previously received services under this subchapter until such children enter, or are eligible under State law to enter, kindergarten or elementary school, as appropriate, provided that any programs under this subchapter serving such children shall include—(I) an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills; and(II) a written notification to parents of their rights and responsibilities in determining whether their child will continue to receive services under this subchapter or participate in preschool programs under section 1419 of this title.(Pub. L. 91–230, title VI, § 632, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2744.)Editorial NotesPrior Provisions

A prior section 1432, Pub. L. 91–230, title VI, § 632, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 106, set out definitions for this subchapter, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another prior section 1432, Pub. L. 91–230, title VI, § 632, Apr. 13, 1970, 84 Stat. 184; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1371; Pub. L. 99–457, title III, § 309, Oct. 8, 1986, 100 Stat. 1168; Pub. L. 100–630, title I, § 104(c), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101–476, title IV, § 402, title IX, § 901(b)(143), Oct. 30, 1990, 104 Stat. 1132, 1148; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to grants to State educational agencies and institutions for traineeships, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1999–2024 · leading case: Quinn v. Dist. of Columbia, 740 F. Supp. 2d 112 (D.D.C. 2010).
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Quinn v. Dist. of Columbia, 740 F. Supp. 2d 112 (D.D.C. 2010). · cites it 3× “” 20 U.S.C. § 1432 (4)(B) (emphasis added).”
Dowler v. Clover Park Sch. Dist. No. 400, 258 P.3d 676 (Wash. 2011). “13 See 20 U.S.C. § 1432 (4)(E). 14 See 20 U.S.C.”
Bucks Cnty. Dep't of Mental Health/mental Retardation v. Commonwealth of Pennsylvania, Dep't of Pub. Welfare Barbara Demora, 379 F.3d 61 (3rd Cir. 2004). “20 U.S.C. § 1432 (4)(F); see also 34 C.F.”
Andrew M. v. Delaware Cnty. Off. of Mental Health & Mental Retardation, 490 F.3d 337 (3rd Cir. 2007). · cites it 2× “20 U.S.C. § 1432 (4)(E). These services are to be provided, whenever possible, in the child’s “natural environment.”
\ BD\" v. DeBuono", 130 F. Supp. 2d 401 (S.D.N.Y. 2000). “20 U.S.C. § 1432 (4)(B)-(G). As part of these early intervention services, the child must be provided with an individualized family service plan (“IFSP”) with the parents’ involvement.”
De Mora v. Dep't of Pub. Welfare, 768 A.2d 904 (Pa. Commw. Ct. 2001). “” Section 1432(4)(C) of the IDEA, 20 U.S.C. § 1432 (4)(C). 9 . The outcomes identified in the July 1, 1999 IFSP are as follows: (1) Isabella will walk with better balance and less of a wide gait and stand in one place and will improve perceptual motor skills, visual tracking…”
A.U. Ex Rel. N.U. v. Roane Cnty. Bd. of Educ., 501 F. Supp. 2d 1134 (E.D. Tenn. 2007). “See 20 U.S.C. §§ 1432 and 1436 (requiring early intervention services for infants and toddlers with disabilities, up to age three).”
Wagner v. Short, 63 F. Supp. 2d 672 (D. Maryland 1999). · cites it 2× “20 U.S.C. § 1432 (4). Services must be provided in' conformity with an IFSP.”
Daniel G. Ex Rel. Robert G. v. Delaware Valley Sch. Dist., 813 A.2d 36 (Pa. Commw. Ct. 2002). “20 U.S.C. § 1432 (4)(C); 34 C.F.R. § 303.”
M.M. ex rel. A.M. v. New York City Dep't of Educ. Region 9, 583 F. Supp. 2d 498 (S.D.N.Y. 2008). “The Court notes that while a child is generally not eligible for Part C early intervention services beyond her third birthday, 20 U.S.C. § 1432 (5)(A), under New York law, because the Student turned three after the first day of September, the Student could have received El…”
Nicola Ruhl v. State of Ohio Health Dep't (6th Cir. 2018). · cites it 2× “” 20 U.S.C. § 1432 (4)(B), see also 34 C.F.”
Quinn v. Dist. of Columbia (D.D.C. 2010). · cites it 3× “” 20 U.S.C. § 1432 (4)(B) (emphasis added).”
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