Or. Admin. R. 581-015-2700 - Definitions-EI/ECSE Program
For the purposes of OAR 581-015-2700 to 581-015-2910, the definitions in this rule and 581-015-2000 apply.
(1) "Assessment" means the ongoing procedures
used by appropriate qualified personnel to identify the child's unique
strengths and needs throughout the period of the child's eligibility. For EI
this includes, the initial assessment of the child and family prior to the
first IFSP meeting.
(2)
"Communication" means receptive or expressive language development.
(3) "Contractor" means the agency designated
by the Department to administer the provision of EI and ECSE within selected
service areas.
(4) "Department"
means the Oregon Department of Education.
(5) "Designated referral and evaluation
agency" means the agency in each county designated to be the referral point for
parents and others who suspect that a child may need early intervention or
early childhood special education, and to be responsible for assuring that all
referred children suspected of having a disability receive evaluation for
potential eligibility for early intervention and early childhood special
education.
(6) "Early childhood
special education (ECSE)" means free, specially designed instruction to meet
the unique needs of a preschool child with a disability, three years of age
until the age of eligibility for public school, including instruction in
physical education, speech-language services, travel training, and orientation
and mobility services. Instruction is provided in any of the following
settings: home, hospitals, institutions, special schools, classrooms and
community childcare or preschool settings, or both.
(7) "Early intervention and early childhood
special education assistants" means individuals who implement program
activities under the direct supervision of the professional
personnel.
(8) "Early intervention
and early childhood special education specialists" means professionals who
implement or coordinate the implementation of individualized family service
plans.
(9) "Early intervention
(EI)" means services for preschool children with disabilities from birth until
three years of age, including Indian children and children who are homeless and
their families, these services are:
(a) Based
on scientifically-based research, as defined in OAR 581-015-2000, to the extent
practicable;
(b) Designed to meet
the child's developmental needs and the needs of the family related to
enhancing the child's development as identified by the IFSP team, in any one or
more of the following areas: physical development; cognitive development;
communication development; social or emotional development; or adaptive
development;
(c) Selected in
collaboration with the parents;
(d)
Provided:
(A) Under public
supervision;
(B) By personnel
qualified in accordance with criteria established by rules of the State Board
of Education; and
(C) In conformity
with an individualized family service plan;
(e) At no cost to parents;
(f) Meet all applicable state requirements;
and
(g) Include the following types
of intervention services ( defined in 303.13(1): family training, counseling,
in-home visits; special instruction; speech-language pathology and audiology
services, and sign language and cued language services; occupational therapy;
physical therapy; psychological services; service coordination; medical
services only for diagnostic or evaluation purposes; early identification,
screening, and assessment services; health services necessary to enable the
child to benefit from other early intervention services; nursing services,
nutrition services, social work services; vision services; assistive technology
devices and services; and transportation and related costs that are necessary
to enable a child and the child's family to receive another early intervention
service.
(10)
"Educational records" means those records that are:
(a) Directly related to a student;
and
(b) Maintained by a primary
contractor or subcontractor.
(11) "Evaluation" means the procedures used
by qualified personnel to determine;
(a) A
child's initial eligibility for EI or ECSE services;
(b) A child's continuing eligibility for EI
or ECSE services; and
(12) "Health Services" means services
necessary to enable an otherwise eligible child to benefit from the other early
intervention services under this part during the time that the child is
eligible to receive early intervention services.
(a) The term includes:
(A) Such services as clean intermittent
catheterization, tracheotomy care, tube feeding, the changing of Dressings or
colostomy collection bags, and other health services; and
(B) Consultation by physicians with other
service providers concerning the special health care needs of infants and
toddlers with disabilities that will need to be addressed in the course of
providing other early intervention services.
(b) The term does not include:
(A) Services that are:
(i) Surgical in nature ;
(ii) Purely medical in nature; or
(iii) Related to the implementation,
optimization, maintenance, or placement of a medical device that is surgically
implanted.
(I) Nothing in this part limits
the right of an infant or toddler with a disability with a surgically implanted
device to receive the early intervention services that are identified in the
child's IFSP as being needed to meet the child's IFSP and developmental
outcomes.
(II) Nothing in this part
prevents the EI provider from routinely checking that either the hearing aid or
the external components of a surgically implanted device of an infant or
toddler with a disability are functioning properly;
(B) Devices necessary to control
or treat a medical condition; and
(C) Medical-Health services (such as
immunizations and regular "well baby" care) that are routinely recommended for
all children.
(13) " IFSP Content" means the definition as
stated in OAR 581-015-2815 which includes:
(a) "Frequency" which means the number of
days or sessions that a service is provided;
(b) "Duration" which means projecting when a
given service will no longer be provided (such as when the child is expected to
achieve the outcomes in his or her IFSP);
(c) "Intensity" which means whether a service
will be provided on an individual basis;
(d) "Method" which means how a service is
provided; and
(e) "Location" which
means the actual place or places where a service will be provided.
(14) "Independent educational
evaluation (IEE)" means an evaluation conducted by a qualified examiner who is
not employed by the Department, the contractor, or subcontractor responsible
for the child in question.
(15)
"Indian "means an individual who is a member of an Indian tribe. "Indian Tribe"
means any federal or state Indian tribe, band, rancheria, pueblo, colony, or
community, including any native village or regional village
corporation
(16) "Individualized
family service plan (IFSP)" means a written plan of early childhood special
education, related services, early intervention services, and other services
developed in accordance with criteria established by the State Board of
Education for each child eligible for services under this chapter.
(17) "Informed clinical opinion" means the
acquisition and interpretation of multiple sources of information as part of
the evaluation and assessment process. This includes evaluation and assessment
results, observation reports, previous testing results, medical data, parent
reports, and other evaluative information. A review of this information is used
in forming a determination regarding current developmental status and the need
for EI.
(a) Informed clinical opinion may be
used as an independent basis to establish a child's eligibility under this
Section even when other instruments do not establish eligibility.
(b) In no event may informed clinical opinion
be used to negate the results of evaluation instruments used to establish
eligibility.
(18)
"Initial Assessment" means the assessment of a child and the family assessment
that is conducted prior to the child's first IFSP meeting.
(19) "Instruction" means providing families
with information and skills that support the achievement of the goals and
outcomes in the child's IFSP and working with preschool children with
disabilities in one or more of the following developmental areas: communication
development, social or emotional development, physical development, including
vision and hearing, adaptive development, and cognitive development.
(20) "Lead Agency" means the agency
designated by the Governor under Section 635(a)(10) of IDEA and § 303.120
that receives funds under Section 643 of the Act to administer the
responsibilities under Part C of the Act.
(21) "Local Education Agency" or LEA
(a) LEA means 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 or secondary schools in a city, county, or other political
subdivision of the 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
(b) Educational service agencies and other
public institutions or agencies. This includes the following:
(A) A regional public multiservice agency-
(i) Authorized by State law to develop,
manage, and provide services or programs to LEAs; and
(ii) 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.
(B) Any public
institution or agency having administrative control and direction of a public
elementary school or secondary school, including public charter school, that is
established as an LEA under State law.
(C) Entities that meet the definition of
intermediate educational unit or IEU in section 602(23) of IDEA, as in effect
prior to June 4, 1997.
(c) BIE funded schools which are funded by
the Bureau of Indian Education and not subject to the jurisdiction of the SEA
other than the Bureau of Indian Education, but only to the extent that the
inclusion makes the school eligible for programs 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,
(22)
"Monitoring" means activities carried out by the Department and its contractors
which measure the subcontractor's compliance with state and federal mandates
for the provision of EI and ECSE.
(23) "Multidisciplinary" means the
involvement of two or more separate disciplines or professions and with respect
to-
(a) evaluation of the child and
assessments of the child and family, this may include one individual who is
qualified in more than one discipline or profession; and
(b) for the IFSP Team this means the
involvement of the parent and two or more individuals from separate disciplines
or professions and one of these individuals must be the service
coordinator.
(24)
"Natural environment" means settings that are natural or normal for the child's
age peers who have no disability.
(25) "Other services" means those services
that may be provided to preschool children with disabilities and to their
families that are not EI or ECSE services and are not paid for with EI or ECSE
funds.
(26) "Parent" means:
(a) One or more of the following persons:
(A) A biological or adoptive parent of the
child;
(B) A foster parent of the
child,
(C) A legal guardian,
generally authorized to act as the child's parent, or authorized to make EI,
educational health or developmental decisions for the child ( but not the State
if the child is a ward of the State).
(D) 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
(E) A surrogate parent who has been appointed
in accordance with OAR 581-015-2320, for school-age children, or 581-015-2760
for preschool children.
(b) Except as provided in subsection (c), if
more than one party is qualified under subsection (a) to act as a parent and
the biological or adoptive parent is attempting to act as the parent, the
biological or adoptive parent is presumed to be the parent unless the
biological or adoptive parent does not have legal authority to make EI or
educational decisions for the child.
(c) If a judicial decree or order identifies
a specific person under subsection (a) to act as the parent of a child or to
make educational or EI decisions on behalf of a child, then that person will be
the parent for special education purposes, 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.
(27) "Parent
Training and Information Center" means a center assisted under section 671 or
672 of IDEA
(28) "Periodic review"
means a review of the IFSP for a child and the child's family. An EI or ECSE
program or parent may request a review of the IFSP.
(29) "Personally Identifiable Information"
means information as identified in the Family Educational Rights and Privacy
Act (FERPA) found at
34 CFR
99.3 and OAR 581-015-2000(23), except any
reference to a "student" means a "child" in this part and any reference to a
"school" means an EIS provider as used in this part.
(30) "Physical development" means gross or
fine motor development.
(31)
"Preschool child with disabilities" means all children from:
(a) Birth until three years of age, including
infants and toddlers who are eligible for EI services under OAR
581-015-2780(3); or
(b) Three years
of age to eligibility for public school who are eligible for ECSE services
under OAR 581-015-2795.
(32) "Professional Development Plan" means a
written document specifying the name of the employee, the position, current
qualifications, current deficits, an accounting of steps to be taken to rectify
deficits including timelines, persons responsible, and the final date by which
the plan will be complete.
(33)
"Public agency" or "public agencies" means the lead agency and any other agency
or political subdivision of the state.
(34) "Qualified Personnel "means 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.
(35)
"Related services" includes transportation and such developmental, corrective,
and other supportive services, including orientation and mobility services,
speech language pathology and audiology services, interpreting services,
psychological services, physical and occupational therapy, recreation including
therapeutic recreation, school health services and school nurse services,
counseling, social work services, parent counseling and training, and medical
services, as may be required to assist a child with disabilities, three years
of age until the age of eligibility for public school, to benefit from special
education or early childhood special education and includes early
identification and assessment of disabling conditions. Medical services shall
be for diagnostic and evaluation purposes only. This definition incorporates
the exception for services for children with surgically implanted devices,
including cochlear implants, in
34 CFR
300.34(b) and the
definitions for individual related services in
34 CFR
300.34(c).
(36) "Related services personnel" means
professionals who consult, supervise, train staff, design curriculum, or
implement related services.
(37)
"Service coordination" means the activities carried out by a service
coordinator to assist and enable an eligible child and the child's family to
receive the rights, procedural safeguards and services that are authorized
under the state's EI program and to coordinate access to other services
designated on the IFSP.
(38) "Sign
Language and cued language services" include teaching sign language, cued
language, and auditory/oral language, providing oral translation services (such
as amplification), and providing sign and cued language
interpretation.
(39) "State
Education Agency "or SEA means the State Board of Education or other agency or
officer primarily responsible for 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 and the term
includes the agency that receives funds under IDEA to administer the State's
responsibilities under part B of the Act.
(40) "State Interagency Coordinating Council"
(SICC) means a council appointed by the Governor for IDEA Part C purposes in
compliance with 34 CFR
303.600-303.605
(41) "Subcontractor" means the agency or
agencies selected by the contractor to provide services for EI and
ECSE.
(42) "Supervision" means the
activities carried out by the Department and its primary contractors to oversee
the provision of EI and ECSE services.
(43) "Supervisor" means a professional who
supervise and train staff, design curriculum, and administer EI or ECSE
programs.
(44) The following words
are defined in OAR 581-015-2000:
(a)
"Assistive technology device";
(b)
"Assistive technology service";
(c)
"Children with disabilities";
(d)
"Autism";
(e) "Communication
disorder";
(f)
"Deafblindness";
(g) "Developmental
Delay";
(h) "Emotional
disturbance";
(i) "Hearing
impairment";
(j) "Intellectual
disability";
(k) "Orthopedic
impairment";
(l) "Other health
impairment";
(m) "Specific learning
disability";
(n) "Traumatic brain
injury";
(o) "Visual
impairment";
(p)
"Consent";
(q) "Day";
(r) "Department";
(s) "General curriculum";
(t) "Health assessment statement";
(u) "Identification";
(v) "Individualized education program
(IEP)";
(w) "Mediation";
(x) "Medical statement";
(y) "Native language";
(z) "Participating agency";
(aa) "Personally identifiable
information";
(bb)
"Placement";
(cc) "Private
school";
(dd) "School
district";
(ee) "Short term
objectives";
(ff) "Special
education";
(gg) "Specially
designed instruction";
(hh)
"Supplementary aids and services";
(ii) "Superintendent";
(jj) "Surrogate parent";
(kk) "Ward of the state"; and
(ll) "Scientifically Based
Research"
Notes
Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475, 34 CFR 300.5- 300.45, 34 CFR 99.3, 34 CFR 303.4-303.37 & 34 CFR 303.600-303.605
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