Kan. Admin. Regs. § 28-4-550 - Definitions
(a) "Assessment"
means the initial and ongoing procedures used by qualified personnel to
identify early intervention services.
(b) "Child find" means a public awareness
program provided by community and state agencies that prepares information on
the availability of early intervention services, disseminates information given
to parents of infants and toddlers with disabilities to all primary referral
sources, and adopts procedures for assisting the primary referral sources for
the purpose of identifying the potential need for early intervention
services.
(c) "Collaboration" means
the establishment and maintenance of open communication and cooperative working
relationships among service providers and other caregivers and the family when
identifying goals and delivering care to children.
(d) "Community" means an interacting
population of various kinds of individuals in a common location.
(e) "Community-based," when used to describe
a place, means a place where small groups of infants and toddlers without
disabilities are typically found, including child care centers and day care
facilities.
(f) "Continuing
education experience" means either of the following:
(1) College and university coursework
completed after an individual receives a professional credential; or
(2) an inservice, workshop, or conference
that offers professional continuing education credit.
(g) "Developmental delay" means any of the
following conclusions obtained using evidence-based instruments and procedures
in one or more areas of development, including cognitive, physical,
communication, social or emotional, or adaptive development:
(1) There is a discrepancy of 25 percent or
more between chronological age, after correction for prematurity, and
developmental age in any one area.
(2) There are delays of at least 20 percent
in two or more areas.
(3) The
informed clinical opinion of a multidisciplinary team concludes that a
developmental delay exists when specific tests are not available or when
testing does not reflect the child's actual performance.
(h) "Early intervention records" means
reports, letters, and educational and medical records that are collected,
maintained, or used by the local lead agency in the screening, evaluation, and
development of an IFSP or in the delivery of services, or both.
(i) "Eligible," when used to describe a
child, means a child from birth through two years who has one of the following:
(1) A developmental delay or a known
condition leading to a developmental delay; or
(2) an established risk for developmental
delay. The developmental delay does not have to be exhibited at the time of
diagnosis, but the common history of the condition indicates the need for early
intervention services.
(j) "Evaluation" means the procedures used by
qualified personnel to determine a child's eligibility for early intervention
services.
(k) "Family" means the
individuals identified by the parent or parents of an infant or a toddler with
special needs to be involved in developing the IFSP and early intervention
services.
(l) "Family service
coordinator" means a person who is responsible for coordinating all early
intervention services required under part C across agency lines and for serving
as the single point of contact for carrying out these early intervention
services.
(m) "Family service
coordination services" means the services provided by a family service
coordinator.
(n) "Home-based," when
used to describe a site, means a site identified by a family as the home where
individualized services for a child and family are delivered.
(o) "IDEA" means the individuals with
disabilities education act, as specified in 20 U.S.C. 1400 et seq.
(p) "Individualized family service plan" and
"IFSP" mean a written plan for providing early intervention services to an
eligible child and the child's family.
(q) "Local community" means a geographic
service area with various boundaries, including cities, counties, parts of
counties, and multicounty regions, as defined by a local council.
(r) "Local fiscal agency" means a legal
entity designated by a local council and approved by the secretary that ensures
compliance with part C of IDEA grant award and maintains an accounting system
that meets the state and federal requirements under IDEA for generally accepted
accounting principles for recording receipts, obligations, and disbursements of
grant funds.
(s) "Local lead
agency" means a legal entity designated by the local council and approved by
the secretary that ensures compliance with part C of IDEA.
(t) "Local tiny-k program" means the part C
early intervention services network, as determined by the local council, that
serves a specific geographic area.
(u) "Local tiny-k program coordinator" means
the person designated by the local lead agency to be the central contact for
the local tiny-k program.
(v)
"Mediation" means the process by which parties, together with the assistance of
an impartial individual, move toward resolution or resolve a dispute through
discussion of options, alternatives, and negotiation.
(w) "Multidisciplinary IFSP team" means a
parent and two or more individuals from separate professions who determine the
early intervention services needed.
(x) "Multidisciplinary evaluation and
assessment team" means individuals from two or more professions, which may
include one individual who is qualified in more than one profession, who
complete an assessment and an evaluation.
(y) "Parent" means any of the following:
(1) A biological or adoptive parent of a
child;
(2) a foster parent, unless
state law or a contractual obligation with a state or local entity prohibits
the foster parent from acting as a parent;
(3) a guardian authorized to act as a child's
parent or authorized to make decisions regarding early intervention services,
education, health, or development for a child;
(4) an individual acting in the place of a
biological or adoptive parent; or
(5) a child advocate, as specified in K.A.R.
28-4-568.
(z) " Part C"
means the portion of IDEA that governs the grant program for states to develop
a statewide, comprehensive, coordinated, multidisciplinary, interagency system
to provide early intervention services for infants and toddlers with
disabilities and their families.
(aa) "Party," when used in K.A.R. 28-4-569 to
identify any participant in a complaint proceeding, means the lead agency, any
local tiny-k program, any provider of early intervention services, or any
person that files a complaint with the lead agency.
(bb) "Payor of last resort" means the federal
program that makes part C funds available to pay for early intervention
services for an eligible child that are not paid from other public or private
sources.
(cc) "Person," when used
in this regulation and in K.A.R. 28-4-569 to identify any participant in a
complaint proceeding, means a parent, an individual, or an
organization.
(dd) "Potentially
eligible," when used to describe a child, means that the child receives early
intervention services at least 90 days before that child's third birthday or
that the child is identified as eligible for part C at least 45 days before
that child's third birthday.
(ee)
"Primary referral source" means any of the following:
(1) A hospital;
(2) a physician;
(3) a parent;
(4) a child care program;
(5) an early learning program;
(6) a local educational agency;
(7) a school;
(8) a public health facility;
(9) a public health agency;
(10) a social service agency;
(11) a clinic;
(12) a health care provider;
(13) a public agency in the child welfare
system;
(14) a homeless family
shelter; or
(15) a domestic
violence shelter.
(ff)
"Referral to the local tiny-k program" means a transfer of information by a
primary referral source to determine eligibility for part C or to initiate or
continue early intervention services.
(gg) "Screening process" means the clinical
observation of or the use of a developmentally appropriate screening tool by a
local tiny-k program to determine the need for evaluation.
(hh) "Secretary" means secretary of the
Kansas department of health and environment.
Notes
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