The Fine Print Nobody Hands You in Early Intervention (Birth to Three)

You Can Make the Call Yourself

You don't need a doctor's permission, and you don't have to wait for anyone to tell you the time is right. A parent can start this. The law says so.

The rule says: “Parents, including parents of infants and toddlers” (34 CFR 303.303)

Roy's Birth to Three page covers how to find the number in your state.

The 45 Day Clock

Once the program gets your referral, the clock starts. The evaluation, the initial assessments, and the first meeting to write the plan all have to happen within 45 days.

The rule says: “must be completed within 45 days from the date the lead agency or EIS provider receives the referral of the child” (34 CFR 303.310)

There are exceptions (like a family emergency written in the record, or a parent who hasn't given consent after repeated documented tries). Write down the date you called and who you talked to. If the weeks start drifting, ask when that 45 day clock ends and why things are slow.

Say: “I made the referral on this date. Can you tell me the date the 45 days are up, and when the evaluation and the first plan meeting are scheduled?”

Some Things Cost You Nothing, Ever

Some states charge for some services on a sliding scale. But there is a list of things the state can never charge you for, no matter what.

The rule says: “The following are required functions that must be carried out at public expense, and for which no fees may be charged to parents” (34 CFR 303.521)

The list includes the evaluation and assessment, service coordination, and putting together and reviewing the plan. If a bill shows up for any of these, ask your state program to show you where in their written payment policy they say they can charge you.

Not Being Able to Pay Cannot Slow Things Down

If your state does charge fees on a sliding scale, there is a guarantee built in.

The rule says: “The inability of the parents of an infant or toddler with a disability to pay for services will not result in a delay or denial of services under this part to the child or the child's family” (34 CFR 303.521)

If money is the problem, say so. Ask for your state's written payment policy and what it means if you cannot pay.

The Move at Age Three Starts Early

Early Intervention ends at three, and school services work on a completely different system. The law doesn't leave the handoff to chance. The state has to tell the school district well before your child's birthday.

The rule says: “not fewer than 90 days before the third birthday of the toddler with a disability if that toddler may be eligible for preschool services under part B of the Act, the lead agency notifies the SEA and the LEA for the area in which the toddler resides” (34 CFR 303.209)

The program also has to set up a transition meeting with you and the school district, if you say yes.

The rule says: “with the approval of the family of the toddler, convenes a conference, among the lead agency, the family, and the LEA” (34 CFR 303.209)

That meeting happens at least 90 days before the birthday, and with everyone's agreement it can be 9 months early. Ask for it early. The School Years page picks up from there.

One more thing to check. Some states let families keep Early Intervention going past three instead of jumping straight to school services. It's a state choice, so ask about yours.

The rule says: “may choose the continuation of early intervention services under this part for his or her child after the child turns three until the child enters, or is eligible under State law to enter, kindergarten or elementary school” (34 CFR 303.211)

Say: “My child turns three on this date. When is the transition meeting with the school district, and who is coordinating it? Does our state let us continue Early Intervention past three?”

You Can See Everything in the File

The Early Intervention file on your child and your family is yours to look at. All of it.

The rule says: “afforded the opportunity to inspect and review all part C early intervention records about the child and the child's family that are collected, maintained, or used under this part” (34 CFR 303.401)

Say: “I would like to review my child's early intervention records, including the evaluations and the plan. How do I get them?”

A Way to Ask That Works

Keep it short and kind, always in writing. What you want, the date, and thanks. Most of the people on the other end are drowning in cases, and a clear request makes their job simpler. If the answer is no, the disagree-in-writing guide shows what's next.