The following words and terms, when used in this chapter,
have the following meanings, unless the context clearly indicates
otherwise:
"Academy for Certification of Vision Rehabilitation and
Education Professionals" means the entity by that name for which the contact
information is Academy for Certification of Vision Rehabilitation and Education
Professionals, 4380 Suite #200, Tucson, AZ 85718, (520) 887-6816, telefacsimile
(520) 887-6826, www.acvrep.org.
"Act" means the Individuals with Disabilities Education Act
(IDEA) at
20 U.S.C. §§
1431 through
1444
and the implementing regulations at 34 CFR Parts 300 and 303, incorporated
herein by reference, as amended and supplemented.
"Assessment" means ongoing procedures used by an appropriate
qualified practitioner throughout the period of a child's eligibility under
N.J.A.C.
8:17-7.1 to identify:
1. The child's unique strengths and needs and the early
intervention services appropriate to meet those needs; and
2. The resources, priorities and concerns of the family and
the supports and services necessary to enhance the capacity of the child's
family to meet the developmental needs of the child.
"At risk" means, a potentially eligible child that has
biological or environmental risk factors that place a child at a higher risk of
developmental delay than children without these factors.
"Battelle Developmental Inventory II" or "BDI" means the
ongoing progress-monitoring instrument utilized by practitioners within the
NJEIS to conduct evaluations and assessments of children to determine
eligibility for early intervention services based upon requirements set forth
at
N.J.A.C.
8:17-7.1.
"Behavior specialist" means a person who:
1. Holds a bachelor's degree or higher from an accredited
institution in health, human service, or education field;
2. Has taken and completed coursework from an accredited
institution in behavioral methodology for children; and
3. Has at least one year of documented professional
experience implementing behavioral intervention programs for individuals from
birth to five years of age who have developmental delays and disabilities.
"Central directory" means a compilation of information and
resources, also known as the "Resource Directory," developed by the Department
of Human Services for public use in accessing services and assistance available
in New Jersey including procedures for making referrals.
"Child" means an infant or toddler from birth until the
third birthday.
"Child development specialist" means a person who has a
bachelor's degree or higher from an accredited institution in a health, human
service, or education field and:
1. At least one year of documented professional experience
with individuals from birth to five years of age who have developmental delays
and disabilities; or
2. At least six credits in infant or early childhood
development and/or special education coursework.
"Child Find System" means the program to locate children
potentially eligible to participate in the NJEIS, pursuant to Part B and the
rules of the DOE, at
N.J.A.C.
6A:14-3.3, that is jointly administered by
the Department and the DOE.
"Clinical Nutrition Certification Board" means the entity by
that name for which the contact information is Clinical Nutrition Certification
Board, 400 Chisholm Place, Suite 303, Plano, TX 75075, (972) 250-2829,
telefacsimile (972) 2500233, www.cncb.org.
"Commission on Dietetic Registration" means the entity by
that name for which the contact information is Commission on Dietetic
Registration, 120 South Riverside Plaza, Suite 2190, Chicago, IL 60606-6995,
(312) 899-0040 extension 5500 or toll-free (800) 877-1600 extension 5500,
telefacsimile (312) 899-4772, www.cdrnet.org.
"Commissioner" means the Commissioner of the Department of
Health.
"Compensatory early intervention services" means services
that the NJEIS has approved for a child beyond age three to compensate for
missed services that occurred, at no fault of the child or his or her parent,
as a result of a failure of a practitioner to deliver such services during the
child's eligibility.
"Consent" means the parent of an eligible or potentially
eligible child:
1. Has been fully informed of all information relevant to the
activity for which consent is sought, in the parent's primary language or by
means of another appropriate mode of communication;
2. Understands and agrees in writing to the carrying out of
the activity for which consent is sought, and the consent describes that
activity and lists the records, if any, that may be released and to
whom;
3. Understands that the granting of consent is voluntary on
the part of the parent and may be revoked at any time, thereby canceling
consent for services not yet rendered; and
4. Understands that he or she has the right to determine to
accept or decline any offered early intervention service on behalf of his or
her child, or other family members, and to decline such a service after first
accepting it, without jeopardizing other early intervention services.
"Corrected age" means, as used relative to a prematurely
born child, the age the child would be if the pregnancy had actually proceeded
to term, for a full 40-week gestation period.
"CSPD" means "comprehensive system of personnel
development."
"Day" means calendar day, unless business day is expressly
specified.
"Department" or "lead agency" means the New Jersey
Department of Health, of which the mailing address is:
1. New Jersey Department of Health, PO Box 360, Trenton, NJ
08625-0360; or
2. For NJEIS inquiries, New Jersey Early Intervention System,
NJ Department of Health, PO Box 364, Trenton, NJ 08625-0364.
"Department of Children and Families" or "DCF" means the New
Jersey Department of Children and Families.
"Department of Education" or "DOE" means the New Jersey
Department of Education.
"Department of Human Services" or "DHS" means the New Jersey
Department of Human Services.
"Destruction" means physical destruction or removal of
personal identifiers from information, so that information is no longer
personally identifiable.
"Developmental delay" means, at a minimum, a delay of either
33 percent in one developmental area or 25 percent in two or more developmental
areas, or, if appropriate standardized instruments are individually
administered in the evaluation process, a score of at least 2.0 standard
deviations below the mean in one functional area or a score of at least 1.5
standard deviations below the mean in each of two functional areas.
"Early intervention services" means services provided
through the NJEIS that are:
1. Designed to meet the developmental needs of each eligible
child and the needs of the child's family, as identified by the Individualized
Family Service Plan team, related to enhancing the child's development;
2. Selected in collaboration with the parents;
3. Provided:
i. Under public supervision;
ii. By qualified personnel;
iii. In conformity with an IFSP; and
iv. At public expense, subject to the system of payments by
families, including a schedule of sliding fees established by the Department;
and
4. Based on peer-reviewed research, to the extent
practicable.
"Eligible child" means a child who has one or more
developmental delays, as described at
N.J.A.C.
8:17-7.1, including diagnosed physical and or
mental conditions enumerated at
N.J.A.C.
8:17-7.1(d).
"Evaluation" means the multidisciplinary procedure to
determine the initial and continuing eligibility of children to receive early
intervention services.
"Extraordinary expenses" means monthly or yearly expenses a
household incurs to accommodate and/or address an eligible child's disability
and/or the disability or long-term health issue of a member of the child's
household, for which expenses the household has exhausted and/or been
determined ineligible for payment assistance and/or reimbursement from all
alternative sources.
1. Examples of expenses that are eligible for consideration
as extraordinary expenses are current and/or ongoing expenses for equipment
for, and improvements, modifications, and alterations to, the family residence
or vehicle that a family has made within the previous month or year to
accommodate the long-term and/or additional needs of the eligible child or
other household member with a disability or long-term health issue.
2. The term "extraordinary expenses" excludes expenses:
i. That the household has not yet incurred;
ii. For which an application for payment assistance or
reimbursement is pending before another agency or funding resource;
iii. For which an application for payment assistance or
reimbursement may be made but has not been made; and/or
iv. For goods and/or services that another public or private
agency or entity, such as an insurer, an advocacy or support group, or the
Federal government can provide in a comparably suitable manner or condition at
lesser or no cost to the household.
"Family Educational Rights and Privacy Act" or "FERPA"
means, collectively,
20 U.S.C. §
1232g and the implementing regulations at 34
CFR Part 99 , as amended and supplemented.
"Homeless child" means a child who is homeless within the
meaning of section 725 of the McKinney-Vento Homeless Assistance Act at
42
U.S.C. §
11434a.
"Individualized Family Service Plan" or "IFSP" means a
written plan that is developed jointly by the family and appropriate qualified
professionals providing early intervention services to a child determined to be
an eligible child and his or her family that is based on a multidisciplinary
evaluation and assessment of the child and the child's family and includes
services necessary to enhance the development of the child and the capacity of
the child's family to meet the child's developmental needs.
"Informed clinical opinion" means a judgment made by a
qualified practitioner, acting within his or her authorized scope of practice
regarding the developmental status of a child, based upon the practitioner's
education and experience, using methods and techniques that have earned
mainstream recognition as valid within the practitioner's particular discipline
or area of expertise, taking into consideration the child's overall development
and involving a multidisciplinary approach to determining the child's
developmental status.
"Multidisciplinary" means the involvement of two or more
disciplines or professions in the provision of integrated and coordinated
services including evaluation and assessment activities and the development of
the IFSP.
"Natural environments" means settings, that are natural or
normal for an eligible child's age peers who have no disabilities, such as the
child's home and community.
"New Jersey Early Intervention System" or "NJEIS" means the
Statewide system for locating and determining the eligibility of children
potentially eligible to receive early intervention services, and for providing
early intervention services to eligible children and their families pursuant to
Part C.
"Occupational therapist" means a person licensed as an
occupational therapist by the Occupational Therapy Advisory Council of the
Division of Consumer Affairs in the New Jersey Department of Law and Public
Safety, pursuant to N.J.S.A. 45:9-37.51 et seq. and N.J.A.C. 13:44K, who
preferably has at least one year of documented professional experience with
individuals from birth to five years of age who have developmental delays and
disabilities.
"Orientation and mobility specialist" means a person who is
certified as an orientation and mobility specialist by the Academy for
Certification of Vision Rehabilitation and Education Professionals.
"Parent" means:
1. A biological or adoptive parent;
2. A foster parent of a child, pursuant to the definition of
a "resource parent," as defined at N.J.S.A. 30:4C-26.4;
3. A guardian generally authorized to act as the child's
parent, or authorized to make early intervention decisions for the child (but
not the State if the child is a ward of the State);
4. 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;
5. An individual appointed by a court having jurisdiction
over the child, pursuant to
34 CFR
§
300.30(b)(2);
or
6. A surrogate parent assigned pursuant to N.J.A.C. 8:17-5.
"Part B" means service requirements under Part B of the Act
administered by the New Jersey Department of Education pursuant to N.J.A.C.
6A:14.
"Part C" means service requirements under Part C of the Act
administered by the Department pursuant to this chapter.
"Participating agency" means any agency or institution that
collects, maintains, or uses personally identifiable information or from which
information is obtained under the NJEIS, and includes the Department.
"Personally identifiable" means:
1. The name of a child, a child's parent, or other family
member;
2. The address of the child or the child's family;
3. A personal identifier, such as the child's or parent's
social security number; or
4. Any list of personal characteristics or other information
that would make it possible to identify the child or the child's parents with
reasonable certainty.
"Physical therapist" means a person licensed as a physical
therapist by the Board of Physical Therapy of the Division of Consumer Affairs
in the New Jersey Department of Law and Public Safety, pursuant to N.J.S.A.
45:9-37.11 et seq. and N.J.A.C. 13:39A, who preferably has at least one year of
documented professional experience with individuals from birth to five years of
age who have developmental delays and disabilities.
"Practitioner" means a person who provides service
coordination, evaluation, assessment, or services contained in an IFSP, to
children and their families.
"Primary language" when used with reference to persons with
limited English proficiency, means the language or mode of communication
normally used by the parent of a child.
"Primary referral source" means an entity that refers
children potentially eligible for early intervention services to an SPOE and
includes those entities identified at
34
CFR §
303.321(d)(3) and
also includes:
1. Hospitals, including prenatal and postnatal care
facilities;
2. Physicians;
3. Parents;
4. Child care programs;
5. Local education agencies;
6. Local early intervention programs and
practitioners;
7. Public health agencies;
8. Other social service agencies;
9. Other health care practitioners; and
10. Parent and practitioner organizations.
"Private programs" means services that a family accesses
outside of the New Jersey Early Intervention System for an eligible child.
"Procedural Safeguards Office" means the office within the
NJEIS designated to coordinate dispute resolution processes involving
allegations of Part C violations, for which the mailing address is Procedural
Safeguards Office, NJEIS, Division of Family Health Services, Public Health
Services Branch, New Jersey Department of Health PO Box 364, Trenton, NJ
08625-0364.
"Provider agency" means an entity receiving funds from the
Department for purposes of carrying out activities under Part C.
"Public awareness program" means the total continuous
ongoing Statewide effort by the Department to prepare and disseminate materials
to all primary referral sources, major State organizations and the public that
focuses on the early identification of eligible children and informs the public
about the NJEIS, Child Find, referrals, multidisciplinary evaluations,
availability of early intervention services, family rights, and the central
directory.
"Qualified" means that a person has met State-approved or
recognized certification, licensing, registration, or other comparable
requirements that apply to the area in which the person is providing early
intervention services, consistent with the provisions of N.J.A.C. 8:17-15.
"Registered dietitian" means a person who is:
1. Registered by the Commission of Dietetic
Registration;
2. Board-certified as a specialist in pediatric nutrition by
the Commission on Dietetic Registration; or
3. Certified as a clinical nutritionist by the Clinical
Nutrition Certification Board.
"Service coordinator" means a practitioner assigned to serve
as the primary point of contact with families to arrange and manage necessary
service delivery to children and families served by the NJEIS.
"Special educator" means a person who has at least a
bachelor's degree certified by the New Jersey Department of Education as a
Teacher with an endorsement pursuant to N.J.A.C. 6A:9-11.3as a Teacher of
Students with Disabilities, a Teacher of the Deaf or Hard of Hearing, and/or a
Teacher of the Blind or Visually Impaired, and who has:
1. At least one year of documented professional experience
with individuals from birth to five years of age who have developmental delays
and disabilities; or
2. At least six credits in infant and toddler development or
early childhood development.
"Speech and language pathologist" means a person who is
licensed as a speech-language pathologist by the Audiology and Speech-Language
Pathology Advisory Committee of the Division of Consumer Affairs in the New
Jersey Department of Law and Public Safety, pursuant to N.J.S.A. 45:3B and
N.J.A.C. 13:44C, who preferably has at least one year of documented
professional experience with individuals from birth to five years of age who
have developmental delays and disabilities.
"State Interagency Coordinating Council" or "SICC" means the
entity established pursuant to Executive Order No. 94 (Governor Florio, May 21,
1993), as continued pursuant to Executive Order No. 27 (Governor Corzine,
August 17, 2006).
"Surrogate parent" means an individual assigned, pursuant to
N.J.A.C. 8:17-5.1, to serve as parent for a child served by the NJEIS.
"System point of entry" or "SPOE" means one or more entities
identified by the Department through a grant process to serve as a point of
entry for families into the New Jersey Early Intervention System.
"Ward of the State" means a child who, pursuant to an order
of a court of competent jurisdiction, is under the guardianship of an agency of
the State, is a foster child for whom the foster parent is not the child's
parent or is a child who, pursuant to an order of a court of competent
jurisdiction, is in the custody of the DCF.
