Act - The Individuals with Disabilities Education Act, as amended.

At-risk Infant or Toddler - An individual under three (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. At the State's discretion, at-risk infant or toddler may include an infant or toddler who is at risk of experiencing developmental delays because of biological or environmental factors that can be identified (including low birth weight, respiratory distress as a newborn, lack of oxygen, brain hemorrhage, infection, nutritional deprivation, a history of abuse or neglect, and being directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure).

Child - An individual under the age of six (6) and may include an infant or toddler with a disability.

Consent -

• The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language;
• The parent understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released; and
• The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time.

If a parent revokes consent, that revocation is not retroactive (i.e., it does not apply to an action that occurred before the consent was revoked).

Council - State Interagency Coordinating Council that meets the requirements of subpart G of this part.

Day - Calendar day, unless otherwise indicated.

Developmental Delay- When used with respect to a child residing in a State, has the meaning given that term by the State.

Early Intervention Service Program or EIS Program - An entity designated by the lead agency for reporting under §§ 303.700 through 303.702.

Early Intervention Service Provider or EIS Provider - Means an entity (whether public, private, or nonprofit) or an individual that provides early intervention services under part C of the Act, whether or not the entity or individual receives Federal funds under part C of the Act, and may include, where appropriate, the lead agency and a public agency responsible for providing early intervention services to infants and toddlers with disabilities in the State under part C of the Act.

An EIS provider is responsible for:

• Participating in the multidisciplinary individualized family service plan (IFSP) Team's ongoing assessment of an infant or toddler with a disability and a family-directed assessment of the resources, priorities, and concerns of the infant's or toddler's family, as related to the needs of the infant or toddler, in the development of integrated goals and outcomes for the IFSP;
• Providing early intervention services in accordance with the IFSP of the infant or toddler with a disability; and
• Consulting with and training parents and others regarding the provision of the early intervention services described in the IFSP of the infant or toddler with a disability.

See Early Intervention Services

Elementary School - A nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.

Free Appropriate Public Education or FAPE - Special education and related services that –

• Are provided at public expense, under public supervision and direction, and without charge;
• Meet the standards of the State educational agency (SEA), including the requirements of part B of the Act;
• Include an appropriate preschool, elementary school, or secondary school education in the State involved; and
• Are provided in conformity with an individualized education program (IEP) that meets the requirements of 34 CFR 300.320 through 300.324.

Homeless Children - Children who meet the definition given the term homeless children and youths in section 725 (42 U.S.C. 11434a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431 et seq.

Include or including - That the items named are not all of the possible items that are covered, whether like or unlike the ones named.

Indian - An individual who is a member of an Indian tribe.

Indian Tribe - Any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq.).

Nothing in this definition is intended to indicate that the Secretary of the Interior is required to provide services or funding to a State Indian Tribe that is not listed in the FEDERAL REGISTER list of Indian entities recognized as eligible to receive services from the United States, published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a-1.

Individualized Family Service Plan or IFSP - A written plan for providing early intervention services to an infant or toddler with a disability under this part and the infant's or toddler's family that –

• Is based on the evaluation and assessment described in § 303.321;
• Includes the content specified in § 303.344;
• Is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained (consistent with § 303.420); and
• Is developed in accordance with the IFSP procedures in §§ 303.342, 303.343, and 303.345.

Infant or Toddler with a Disability - An individual under three (3) years of age who needs early intervention services because the individual:

• Is experiencing a developmental delay, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:
• Cognitive development.
• Physical development, including vision and hearing.
• Communication development.
• Social or emotional development.
• Adaptive development; or
• Has a diagnosed physical or mental condition that –
• Has a high probability of resulting in developmental delay; and
• Includes conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome.

Infant or toddler with a disability may include, at a State's discretion, an at-risk infant or toddler.

Infant or toddler with a disability may include, at a State's discretion, a child with a disability who is eligible for services and who previously received services under this part until the child enters, or is eligible under State law to enter, kindergarten or elementary school, as appropriate, provided that any programs under this part must include –

• An educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills for children ages three and older who receive part C services pursuant to § 303.211; and
• A written notification to parents of a child with a disability who is eligible for services under section 619 of the Act and who previously received services under this part of their rights and responsibilities in determining whether their child will continue to receive services under this part or participate in preschool programs under section 619 of the Act.

Lead Agency - The agency designated by the State's Governor under section 635(a)(10) of the Act and § 303.120 that receives funds under section 643 of the Act to administer the State's responsibilities under part C of the Act.

Local Educational Agency or LEA - A public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools.

Educational service agencies and other public institutions or agencies

Educational service agency, defined as a regional public multiservice agency –

• Authorized by State law to develop, manage, and provide services or programs to LEAs; and
• Recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State.

Any other public institution or agency having administrative control and direction of a public elementary school or secondary school, including a public charter school that is established as an LEA under State law. Entities that meet the definition of intermediate educational unit or IEU in section 602(23) of the Act, as in effect prior to June 4, 1997. Under that definition an intermediate educational unit or IEU means any public authority other than an LEA that –

• Is under the general supervision of a State educational agency;
• Is established by State law for the purpose of providing FAPE on a regional basis; and
• Provides special education and related services to children with disabilities within the State.

BIE-funded schools- An elementary school or secondary school funded by the Bureau of Indian Education, and not subject to the jurisdiction of any SEA other than the Bureau of Indian Education, but only to the extent that the inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under the Act with the smallest student population.

Multidisciplinary - The involvement of two or more separate disciplines or professions and with respect to –

• Evaluation of the child and assessments of the child and family, may include one individual who is qualified in more than one discipline or profession; and
• The IFSP Team must include the involvement of the parent and two (2) or more individuals from separate disciplines or professions and one of these individuals must be the service coordinator.

Native Language - Used with respect to an individual who is limited English proficient or LEP (as that term is defined in section 602(18) of the Act), means –

• The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child; and
• For evaluations and assessments, the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment.

Native language, when used with respect to an individual who is deaf or hard of hearing, blind or visually impaired, or for an individual with no written language, means the mode of communication that is normally used by the individual (such as sign language, braille, or oral communication).

Natural Environments - Settings that are natural or typical for a same-aged infant or toddler without a disability, may include the home or community settings, and must be consistent with the provisions of § 303.126.

Parent –

• A biological or adoptive parent of a child;
• A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;
• A guardian generally authorized to act as the child's parent, or authorized to make early intervention, educational, health or developmental decisions for the child (but not the State if the child is a ward of the State);
• An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or
• A surrogate parent who has been appointed in accordance with § 303.422 or section 639(a)(5) of the Act.

The biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational or early intervention service decisions for the child.

If a judicial decree or order identifies a specific person or persons to act as the “parent” of a child or to make educational or early intervention service decisions on behalf of a child, then the person or persons must be determined to be the “parent” for purposes of part C of the Act, except that if an EIS provider or a public agency provides any services to a child or any family member of that child, that EIS provider or public agency may not act as the parent for that child.

Parent Training and Information Center - A center assisted under section 671 or 672 of the Act.

Personally Identifiable Information - Personally identifiable information as defined in 34 CFR 99.3, as amended, except that the term “student” in the definition of personally identifiable information in 34 CFR 99.3 means “child” as used in this part and any reference to “school” means “EIS provider” as used in this part.

Public Agency - The lead agency and any other agency or political subdivision of the State.

Qualified Personnel - Personnel who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations or assessments or providing early intervention services.

Secretary - The Secretary of Education.

Service Coordination Services (case management).

Service coordination services mean services provided by a service coordinator to assist and enable an infant or toddler with a disability and the child's family to receive the services and rights, including procedural safeguards, required under this part.

Each infant or toddler with a disability and the child's family must be provided with one service coordinator who is responsible for:

• Coordinating all services required under this part across agency lines; and
• Serving as the single point of contact for carrying out the activities described below.

Service coordination is an active, ongoing process that involves –

• Assisting parents of infants and toddlers with disabilities in gaining access to, and coordinating the provision of, the early intervention services required under this part; and
• Coordinating the other services identified in the IFSP under § 303.344(e) that are needed by, or are being provided to, the infant or toddler with a disability and that child's family.

Specific Service Coordination Services

Service coordination services include:

• Assisting parents of infants and toddlers with disabilities in obtaining access to needed early intervention services and other services identified in the IFSP, including making referrals to providers for needed services and scheduling appointments for infants and toddlers with disabilities and their families;
• Coordinating the provision of early intervention services and other services (such as educational, social, and medical services that are not provided for diagnostic or evaluative purposes) that the child needs or is being provided;
• Coordinating evaluations and assessments;
• Facilitating and participating in the development, review, and evaluation of IFSPs;
• Conducting referral and other activities to assist families in identifying available EIS providers;
• Coordinating, facilitating, and monitoring the delivery of services required under this part to ensure that the services are provided in a timely manner;
• Conducting follow-up activities to determine that appropriate part C services are being provided;
• Informing families of their rights and procedural safeguards, as set forth in subpart E of this part and related resources;
• Coordinating the funding sources for services required under this part; and
• Facilitating the development of a transition plan to preschool, school, or, if appropriate, to other services.

Use of the term service coordination or service coordination services - The lead agency's or an EIS provider's use of the term service coordination or service coordination services does not preclude characterization of the services as case management or any other service that is covered by another payor of last resort (including Title XIX of the Social Security Act - Medicaid), for purposes of claims in compliance with the requirements of §§ 303.501 through 303.521 (Payor of last resort provisions).

State - Each of the 50 States, the Commonwealth of Puerto Rico, the District of Columbia, and the four outlying areas and jurisdictions of Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

State Educational Agency or SEA - The State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

The term includes the agency that receives funds under sections 611 and 619 of the Act to administer the State's responsibilities under part B of the Act.

Ward of the State - A child who, as determined by the State where the child resides, is –

• A foster child;
• A ward of the State; or
• In the custody of a public child welfare agency.

Ward of the State does not include a foster child who has a foster parent.

References

34 CFR 303