A r c h i v e d  I n f o r m a t i o n

To Assure the Free Appropriate Public Education of All Children with Disabilities - 1995

Implementation of the Part H Program

The original legislation that created the Part H program required that FY 1991 be the first year of full implementation, after a five-year phase-in period to build the service delivery system Congress envisioned. To participate in the program during the fourth year, States had to provide assurances that policies addressing the required components of an early intervention system were in place and that multi-disciplinary evaluations and assessments, individualized family service plans (IFSPs), and case management services (now called service coordination) were available to all eligible infants, toddlers, and their families.

As the deadline for applying for fourth-year funds approached in FY 1990, it became clear that a number of States were not prepared to meet the fourth-year requirements. At the time it appeared that the only option open to those States was to drop out of the program completely. To enable States to remain in the program, Congress amended the Part H requirements, effective June 1991, and adopted a system of differential funding for FY 1990, 1991, and 1992.

States that were able to move ahead on the original implementation schedule set forth in Part H by P.L. 99-457 received larger grants than States that had not completed either fourth- or fifth-year requirements. States that were having difficulty meeting the requirements for the fourth or fifth year of participation were eligible to receive up to two extended participation grants. A State under the extended participation option received a grant award equal to the State's grant award from the previous year. Ten States and one Outlying Area requested extended participation for FY 1990. In FY 1991, 18 States provided assurances for meeting full implementation of the Part H program, 26 States entered their first year of extended participation, and 11 States entered their second and therefore final year of extended participation.

As reported in the 16th Annual Report to Congress, at the close of FY 1992 a total of 41 States and jurisdictions had been awarded grants for full implementation of Part H. Twelve States and jurisdictions had received awards for a second year of extended participation, and one State did not apply for a Part H grant. No further extensions were authorized. On September 30, 1994, the end of availability for FY 1993 funds, all States and jurisdictions assured full implementation of the Part H program.

To further support the implementation of the Part H program during FY 1993, Congress appropriated $213,280,000, 23 percent more than the $172,861,111 million appropriated for FY 1992. Table 2.1 reports the FY 1993 Part H grant amount for each State and Outlying Area.1

TABLE 2.1 Grant Awards Under Part H Appropriation Year 1993,
Allocation Year 1993-94
STATE                                       PART H
----------------------------------------------------- Alabama                                   $3,046,905 Alaska                                     1,042,702 Arizona                                    3,312,138 Arkansas                                   1,736,776 California                                29,207,477 Colorado                                   2,642,716 Connecticut                                2,426,424 Delaware                                   1,042,702 District of Columbia                       1,042,702 Florida                                    9,650,350 Georgia                                    5,417,361 Guam                                         880,891 Hawaii                                     1,042,702 Idaho                                      1,042,702 Illinois                                   9,265,029 Indiana                                    4,124,608 Iowa                                       1,934,501 Kansas                                     1,869,241 Kentucky                                   2,620,544 Louisiana                                  3,458,507 Maine                                      1,042,702 Maryland                                   3,926,195 Massachusetts                              4,451,846 Michigan                                   7,359,225 Minnesota                                  3,334,075 Mississippi                                2,078,640 Missouri                                   3,808,036 Montana                                    1,042,702 Nebraska                                   1,191,819 Nevada                                    $1,082,919 New Hampshire                              1,042,702 New Jersey                                 5,884,344 New Mexico                                 1,352,764 New York                                  14,117,157 North Carolina                             5,011,663 North Dakota                               1,042,702 Ohio                                       8,016,235 Oklahoma                                   2,344,879 Oregon                                     2,121,710 Pennsylvania                               8,210,103 Puerto Rico                                3,045,563 Rhode Island                               1,042,702 South Carolina                             2,796,532 South Dakota                               1,042,702 Tennessee                                  3,619,468 Texas                                     15,327,041 Utah                                       1,778,806 Vermont                                    1,042,702 Virginia                                   4,789,719 Virgin Islands                               522,340 Washington                                 3,943,587 West Virginia                              1,098,617 Wisconsin                                  3,581,798 Wyoming                                    1,042,702 American Samoa                               400,457 Bureau of Indian Affairs                   2,606,756 Palau                                         79,593 Northern Marianas                            249,519 ------------------------------------------------------ U.S. and Outlying Areas                 $213,280,000 50 States, D.C. & P.R.                  $208,540,444
Source: U.S. Department of Education, Office of Special Education Programs, Data Analysis System (DANS).

State-reported Data on the Part H Program

OSEP collects five types of information about infants and toddlers receiving early intervention services from the States: (1) the number served, (2) the number in need of services, (3) the types services provided, (4) personnel employed and needed, and (5) the setting in which services are provided. The States' ability to report complete and accurate information varies. As implementation of the Part H program has progressed, State data collection and reporting systems have also improved. However, some States continue to have difficulty merging information from different agencies to produce an unduplicated count of infants and toddlers. Other States have difficulty obtaining data from all the entities that serve infants and toddlers. Thus, while the quality of the data available at the national level has improved considerably, continued improvement is still necessary. OSEP has been working with States to improve the quality of the information provided. OSEP activities on these State-reported data are discussed in a subsequent section.

Number of Infants and Toddlers Being Served

To determine the number of infants and toddlers receiving early intervention services during 1993-94, OSEP collected data on December 1, 1993 from the States on infants and toddlers served in: (1) Chapter 1 (SOP) programs2 on December 1, 1993 or (2) any other type of early intervention program. States are required to submit a count of infants and toddlers served under Chapter 1 (SOP) in order to receive Federal funding for those children.3 States are also required to submit an unduplicated count of all other children receiving early intervention services as a condition of their Part H grant award.

States and Outlying Areas reported to OSEP that on December 1, 1993, they were serving a total of 154,065 infants and toddlers with disabilities, or 1.3 percent of the entire birth through age 2 population. Chapter 1 (SOP) programs were serving 93,587 of the infants and toddlers, and 60,478 were receiving services under other early intervention programs. As indicated in table 2.2, about 7 percent more infants and toddlers were receiving services in December 1993 than in December 1992.

Table 2.2 also indicates that until 1993, there had been a steady toddlers served under all programs. This decline occurred even though increasing numbers of infants and toddlers were being served under Chapter 1 (SOP), and increasing numbers of States were fully participating in the Part H program. It must be noted, however, that the decline may have been a result of the data collection practice s States used in the early years of the program. Previously, States included children who received some services and who did not necessarily have IFSPs. Further, there is an unknown degree of error in the data from the early years of the program due to problems with the count of children in early intervention programs. Some children may have been counted more than once, and others may not have been counted at all.

TABLE 2.2 Change in Total Number of Infants and Toddlers from Birth Through Age 2 Served Since 1989 Under Chapter 1 (SOP) and All Other Programs
                                                     Percentage                                                       Change in           Number        Number      Percentage of    Total Number        Served Under   Served (All    Population       Served from  Year    Chapter 1     Programs)         Served       Previous Year
------------------------------------------------------------------- 1989     37,317        247,477            2.0            N/A  1990     50,827        194,363            1.77         -21.5  1991     66,478        166,634            1.41         -14.3  1992     76,397        143,392            1.18         -13.9  1993     93,587        154,065            1.30         + 7.4
Source: U.S. Department of Education, Office of Special Education Programs, Data Analysis System (DANS).

States have repeatedly maintained that the December 1 child count does not accurately report the number of infants and toddlers with disabilities actually served during the entire school year, in part because children may move in or out of service areas and programs during the year. In 1993, 22 States voluntarily submitted a cumulative count along with their December 1 count for their birth through age 2 populations. Nineteen of those States reported that their cumulative count was higher than their December 1 count. One State reported that its cumulative count was 330.5 percent larger than its December 1 count, but another State reported that its cumulative count was 45.9 percent less than its December 1 count. None of the States reported information that explained why the cumulative and December 1 counts differed.

Table 2.3 shows the number of infants and toddlers served in each State under Chapter 1 (SOP) and all other programs as of December 1, 1993. Overall, 36 States served more infants and toddlers in 1993 than in 1992. The increase in the total number of infants and toddlers served was the result of a fairly large increase in the number served under Chapter 1 (SOP) programs (22.4 percent) and a 9.7 percent decrease in the number served under all other programs. More than half the increase in the number served under Chapter 1 (SOP) programs occurred in two States(Florida and New York). Florida reported serving 9,460 infants and toddlers in Chapter 1 (SOP) programs in 1993, while in 1992 it reported serving only 2,027 -- an increase of 7,433.

TABLE 2.3 Number of Infants and Toddlers Receiving Early Intervention Services Under Chapter 1 (SOP) and Other Programs: December 1, 1993
                                       BIRTH                PERCENTAGE                  OTHER   CHAPTER 1  THROUGH 2                  OF STATE          PROGRAMS    (SOP)      TOTAL   POPULATION   POPULATION
---------------------------------------------------------------------- Alabama           414       780      1,194      181,899       0.66  Alaska              0       605        605       33,995       1.78  Arizona           637       998      1,635      196,188       0.83  Arkansas          798     1,160      1,958      102,777       1.91  California     14,529       936     15,465    1,750,520       0.88  Colorado        2,377       948      3,325      160,460       2.07  Connecticut         0     1,266      1,266      137,767       0.92  Delaware          943        40        983       31,924       3.08  District of  Columbia          746       308      1,054       24,195       4.36  Florida             0     9,460      9,460      569,524       1.66  Georgia         2,703       189      2,892      325,338       0.89  Hawaii          2,853       793      3,646       57,865       6.30  Idaho               0       764        764       51,318       1.49  Illinois        2,483     5,030      7,513      555,545       1.35  Indiana         1,479     2,763      4,242      242,863       1.75  Iowa                0       969        969      111,648       0.87  Kansas            129       887      1,016      109,060       0.93  Kentucky            0       978        978      156,966       0.62  Louisiana         305     2,078      2,383      206,617       1.15  Maine             756         0        756       46,520       1.63  Maryland            0     3,356      3,356      224,834       1.49  Massachusetts       0     7,197      7,197      254,606       2.83  Michigan          458     3,004      3,462      411,802       0.84  Minnesota           0     2,436      2,436      193,956       1.26  Mississippi       134        80        214      126,082       0.17  Missouri            0     2,087      2,087      222,191       0.94  Montana             0       402        402       34,437       1.17  Nebraska            0       722        722       67,649       1.07  Nevada              0       596        596       66,064       0.90  New Hampshire      19       661        680       46,280       1.47  New Jersey        464     2,369      2,833      349,884       0.81  New Mexico        950        67      1,017       82,771       1.23  New York            0     5,914      5,914      832,200       0.71  North Carolina  6,222       874      7,096      301,792       2.35  North Dakota        0       195        195       25,659       0.76  Ohio           13,945         0     13,945      485,629       2.87  Oklahoma            0     1,460      1,460      140,632       1.04  Oregon              0     1,271      1,271      124,222       1.02  Pennsylvania        0     6,227      6,227      481,857       1.29  Puerto Rico     4,325         0      4,325            .          .  Rhode Island        0       672        672       42,930       1.57  South Carolina      0     1,399      1,399      164,877       0.85  South Dakota       16       286        302       32,922       0.92  Tennessee       1,378     2,059      3,437      217,389       1.58  Texas             122     8,676      8,798      941,199       0.93  Utah              388     1,106      1,494      108,073       1.38  Vermont            13       160        173        2,333       0.77  Virginia          280     2,334      2,614      283,114       0.92  Washington        280     2,226      2,506      235,308       1.06  West Virginia     202     1,307      1,509       64,625       2.34  Wisconsin           0     2,998      2,998      206,904       1.45  Wyoming             0       427        427       19,959       2.14  American Samoa      0         0          0            .          .  Guam               86        18        104            .          .  Northern Marianas  44        44         88            .          .  Palau               .         5          5            .          .  Virgin Islands      .         0          0            .          .  Bureau of Indian  Affairs             .         .          .            .          . -------------------------------------------------------------------- U.S. & Outlying  Areas          60,478    93,587    154,065   11,865,169       1.30  50 States,D.C.,  and P.R.       60,348    93,520    153,868   11,865,169       1.30
Note: Data presented in the column "Chapter 1 (SOP)" were taken from the certified reports on the number of infants, toddlers, and children (birth through 21) served under Chapter 1 (SOP) and submitted by the Stated Educational Agencies. Data presented under "Other Programs" were taken from reports of the number of infants and toddlers served that were submitted by Part H Lead Agencies.

Note: Population figures are July estimates from the Bureau of the Census. No Census data are available for Outlying Areas.

Note: Data as of October 1, 1994.

Source: U.S. Department of Education, Office of Special Education Programs, Data Analysis System (DANS).

Florida reported that expansion of services, new definitions for eligibility, and rapid population growth were the main reasons the increase occurred. New York reported serving 5,914 infants and toddlers under Chapter 1 (SOP) in 1993 compared to 3,730 in 1992--an increase of 2,184. New York reported that the increase was due to a change in reporting methodology. In the past, New York surveyed service providers to produce a child count. In 1993, they switched to performing an actual child count.

The 9.7 percent decrease in the number of infants and toddlers served under all other programs would have been even larger if not for: (1) large service population increases in California (14,529 in 1993 versus 10,943 in 1992), which reported it was able to serve more infants and toddlers because it had more funds to do so; (2) Indiana (1,479 versus 515 in 1992), which reported an increase in the number of children identified as "at-risk"; and (3) Ohio (13,945 in 1993 versus 11,394 in 1992), which reported an expansion of services at the local level. But the decrease is otherwise accounted for by very large decreases in (1) Connecticut (which did not report a reason for the decrease), (2) Florida and Missouri (which now serve all eligible children from birth through age 2 under the Chapter 1 (SOP) program), and (3) Massachusetts (which now uses improved reporting methods, enabling it to avoid the duplicate reporting of past years). These four States reported serving no infants and toddlers in programs other than Chapter 1 (SOP) during 1993, although in 1992 their combined count of nearly 12,000 was about one-fifth of all infants and toddlers served in those early intervention programs other than Chapter 1 (SOP).

Regardless of whether infants and toddlers are counted as receiving services in Chapter 1 (SOP) or non-Chapter 1 (SOP) programs, the overall proportion served changed little in most States. As in 1992, most States and jurisdictions served less than 2 percent of their total from birth through age 2 population in programs for infants and toddlers with disabilities in 1993, although the range across States varied widely. Some of the variation may be explained by variability in eligibility criteria, the child find and outreach strategies used, and because some States operate non-mandated programs for infants and toddlers who have been identified as "at-risk" for developing a disability. While these "at-risk" programs are not required under Part H, those States utilizing this option include "at-risk" infants and toddlers in their child counts.

Services and Settings

Table 2.4 provides information on the location of services provided to infants and toddlers and their families on December 1, 1992. Most States and jurisdictions provided information. However, data from one State and three jurisdictions were not received . Furthermore, three States did not use all of the available categories of information and therefore provided incomplete data. The amount of missing and incomplete data makes detecting trends across categories difficult. However, the data indicate that the general trend from previous years has persisted. That is, among all infants and toddlers receiving services, the home remains the most frequent location for services (40,896 or 29 percent), even though five States and jurisdictions did not use this reporting category. Outpatient services (37,409 or 27 percent) was the next most frequently cited location. This was closely followed by the early intervention classroom setting (36,541 or 26 percent). In 1992, early intervention classroom settings were used more frequently than outpatient services. The change may be related to the data reporting categories used by California.

Table 2.4 Number of Infants and Toddlers from Birth Through Age Two Receiving Services in Different Early Intervention Settings: December 1, 1992
                             U.S. AND                50 STATES, D.C., SETTING                 OUTLYING AREAS                AND P.R.
-------------------------------------------------------------------- Early intervention  classroom                   36,541                     36,483   Family day care                703                        698   Home                        40,896                     40,826   Hospital (inpatient)         8,122                      8,096   Outpatient service  facility                    37,409                     37,390   Regular nursery school /day care                    4,444                      4,441   Residential facility           105                        105   Other setting               10,987                     10,982   All settings               139,207                     139,021
Note: Data as of October 1, 1994.

Source: U.S. Department of Education, Office of Special Education Programs, Data Analysis System (DANS).

The patterns of use of the various settings differs somewhat by the age of the infants and toddlers receiving services (see figure 2.1). For infants and toddlers from 0 to 1, services are equally likely to be delivered at the home or at the outpatient service facility (32 percent each). Only 16 percent of infants and toddlers from 0 to 1 receive services in early intervention classrooms. Infants and toddlers age 1 to 2 are even more likely to receive services in the home (38 percent). However, they are nearly equally likely to receive services in either the early intervention classroom (23 percent) or in outpatient services facilities (25 percent). 

        Figure 2.1   Setting in which Early Intervention Services Are                    Delivered, by Age Group, 1992-93  <b>AGE 0-1</b>
 Early Intervention Classroom:   16 percent Outpatient Service Facility:    20 percent Home:                           32 percent All Other:                      32 percent  <b>AGE 1-2</b>
 Early Intervention Classroom:   23 percent Outpatient Service Facility:    14 percent Home:                           38 percent All Other:                      25 percent  <b>AGE 2-3</b>
 Early Intervention Classroom:   33 percent Outpatient Service Facility:    15 percent Home:                           36 percent All Other:                      16 percent  <b>All Infants and Toddlers Birth through 2</b>
 Early Intervention Classroom:   25.5 percent Outpatient Service Facility:    16 percent Home:                           35.6 percent All Other:                      23 percent  Source: U.S. Department of Education, Office of Special Education Data Analysis System (DANS)

Infants and toddlers with disabilities age 2 to 3 are most often provided services in either the home (36 percent) or early intervention classroom (33 percent). Only 16 percent receive services in outpatient services facilities.

The methods used to collect data on the services delivered to infants and toddlers with disabilities and their families are also evolving. Some States report that this information is an accurate description of services, but others have not been able to collect complete data (see table 2.5). The 1992-93 data shows that (1) special instruction, (2) family training, counseling and home visits, and (3) speech or language pathology were the services most often provided, and that they were provided with similar frequency. This pattern is somewhat different from the previous year's data, which indicated that special instruction was the service most often provided, followed by speech/language pathology, social work, occupational therapy, and physical therapy.

Personnel Employed and Needed

The information on personnel employed and needed to provide early intervention services to infants and toddlers with disabilities and their families is even more difficult for States to collect and report. The available data on personnel (see table 2.6) are therefore quite incomplete. In general, the largest category of personnel employed to serve infants and toddlers with disabilities is paraprofessionals, followed by special educators, "other" personnel, and speech/language pathologists. Speech/language pathologists are the personnel in greatest demand. The paraprofessional category is defined by individual States.

TABLE 2.6 Number of Personnel Employed and Needed to Provide Early Intervention Services to Infants and Toddlers with Disabilities and Their Families: December 1, 1992
                                                ALL STAFF STATE                             FTE EMPLOYED         FTE NEEDEDa/
--------------------------------------------------------------- Alabama                              126                   35 Alaska                                55                    0 Arizona                              157                   53 Arkansas                             228                   47 California                             .                    . Colorado                              73                   10 Connecticut                          254                   13 Delaware                             102                   18  District of Columbia                 125                   29 Florida                              174                  173 Georgia                              525                  234  Hawaii                               300                   81 Idaho                                109                  463 Illinois                             294                   44 Indiana                              450                  126 Iowa                                  22                    0 Kansas                               247                   68 Kentucky                               0                   73 Louisiana                            321                  154 Maine                                376                    0 Maryland                             446                   12 Massachusetts                        571                  718 Michigan                             441                    0 Minnesota                          1,122                    0 Mississippi                           61                   20 Missouri                             127                    0 Montana                               74                    3 Nebraska                             135                    0 Nevada                                63                    1 New Hampshire                         73                    1 New Jersey                             0                    0 New Mexico                           167                    0 New York                          15,224                2,311 North Carolina                         .                    . North Dakota                          26                    1 Ohio                               2,390                  283 Oklahoma                             138                   10 Oregon                                 0                    0 Pennsylvania                       1,004                  174  Puerto Rico                          225                    0 Rhode Island                          50                   18 South Carolina                       119                    0 South Dakota                         189                   53 Tennessee                            561                   78 Texas                              1,073                   47 Utah                                  56                    3 Vermont                               20                   31 Virginia                           1,796                  422 Washington                             0                  527 West Virginia                        138                   11 Wisconsin                            366                    0 Wyoming                               95                   83 American Samoa                        31                    0 Guam                                  19                    8 Northern Marianas                     13                    0 Palau                                  .                    . Virgin Islands                         .                    . Bureau of Indian Affairs               .                    .  ---------------------------------------------------------------- U.S. and Outlying Areas           30,747                6,434 50 States, D.C., and P.R.         30,684                6,426
a/ These figures include: (1) the number of unfilled vacancies in funded positions that occurred during the 1992-93 school year (12 months), and (2) the number of additional personnel that were needed during the 1992-93 school year (12 months) to fill positions occupied by persons who were not fully certified or licensed. These figures include additional personnel needed by public and private agencies.

Source:U.S. Department of Education, Office of Special Education Programs, Data Analysis System (DANS).

OSEP Activities on State-reported Data

As noted earlier, OSEP has been working with States for the past several years to improve the quality of the early intervention services data. OSEP has been engaged in a number of activities to improve the quality of the early intervention data collection and to assist States in collecting and reporting more accurate data. For example, OSEP has been working with States to improve the Part H personnel data collection format. The design of the initial Part H personnel data collection forms was based on forms used for Part B and Chapter 1 (SOP) personnel data collections. As the Part H program has developed, it has become increasingly clear that these forms are inadequate for collecting information about Part H programs. Part H programs differ from Part B and Chapter 1 (SOP) in several respects. They have a higher percentage of contracted vs. employed personnel; wide variations in service delivery settings exist; and infants and toddlers are not generally in a central location.

OSEP has also begun reviewing the State-reported Part H data more stringently. This review is identical to the one annually conducted on Part B and Chapter 1 (SOP) data, and was conducted on the Part H data presented in this Annual Report. To conduct the review, Part H data on the number of infants and toddlers and their families served and services provided to infants and toddlers were compared to data from the previous year. These comparisons have three purposes: 1) they provide additional checks on the data preparation process; 2) they provide checks on possible data aggregation problems at the State level; and 3) they permit an initial evaluation regarding whether the variation from one year to the next is reasonable or logical. OSEP has set specific guidelines for what defines a logical change from the previous year.

States with large variations from the previous year were asked to explain them. In some cases, States provided revised counts, while others provided explanations for the variations. These explanations appear in the Data Notes section of Appendix A. States were also questioned about count discrepancies that were identified when OSEP compared the data across data tables. See the Data Notes in Appendix A for a summary of these States' explanations for the discrepancies.

Part H Implementation Issues

The Part H program is still evolving. States are still refining their data collection systems, and the data collection forms are undergoing changes. States are also struggling to coordinate the wide range of multiple funding sources, legislation, and programs that serve this population. These factors affect States' ability to define eligibility criteria, predict the range of needed services, and identify children who may be eligible for services. For example, the funds can come from any of the following sources: (1) Part H grants; (2) Medicaid and Maternal and Child Health Block grants; (3) State and local funds; (4) private insurance; (5) non-profit groups; and (6) fees paid by parents for services. Many of these funding sources have their own eligibility criteria, methods of disseminating information about their program, and methods of identifying infants and toddlers with disabilities.

1 Under the Part H regulations, Micronesia and the Marshall Islands are not eligible to receive Part H program or Preschool Grants Program funds. Therefore, they are not in the tables in the chapter.

2 Throughout this chapter, Chapter 1 (SOP) refers to the Chapter 1 Handicapped Program of ESEA which supports State operated and supported programs for persons with disabilities.

3 The Improving America's Schools Act (IASA) of 1994 merged the Chapter 1 Handicapped program with IDEA as of fiscal year 1995. For 1995, $34,000,000 of the appropriation of Part H will be distributed based on the count of children aged birth through 2 on December 1, 1994 who would have been eligible to participate under the Chapter 1 Handicapped program, as in effect prior to the enactment of the IASA. In addition, for fiscal years 1995-1999, the IASA added a hold harmless provision whereby no State may receive less than the combined total it received for children birth through 2 under the Chapter 1 handicapped and Part H programs in fiscal year 1994. However, in fiscal years 1998 or 1999, if the total number of children aged birth through 2 for a State declines below the number reported for the State fiscal year 1994, the hold harmless amount would be reduced by the same percentage.
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