26 Tex. Admin. Code § 350.103 - Definitions
The following words and terms, when used in this chapter, will have the following meanings, unless the context clearly indicates otherwise.
(1) Assessment--As defined
in 34 CFR §
303.321(a)(2)(ii), the
ongoing procedures used by appropriate qualified personnel to assess the
child's individual strengths and needs and determine the appropriate services
to meet those needs throughout the period of a child's eligibility for ECI
services.
(2) Child--An infant or
toddler under the age of three.
(3)
Child find--As described in 34 CFR §§
303.115,
303.302, and
303.303, activities and strategies
designed to locate and identify, as early as possible, infants and toddlers
with developmental delay.
(4)
CFR--Code of Federal Regulations. The codification of the general and permanent
rules published in the Federal Register by the departments and agencies of the
Federal Government.
(5)
Complaint--A formal written allegation submitted to HHSC stating that a
requirement of IDEA Part C or an applicable federal or state regulation has
been violated.
(6) Comprehensive
needs assessment--The process for identifying a child's unique strengths and
needs, and the family's resources, concerns, and priorities in order to develop
an IFSP. The comprehensive needs assessment:
(A) is conducted by an interdisciplinary team
as defined in paragraph (29) of this section; and
(B) gathers information across developmental
domains regarding the child's abilities to participate in the everyday routines
and activities of the family.
(8) Co-visits--When two or more ECI
professionals deliver different services to the child during the same period of
time. Co-visits are provided when a child will receive greater benefit from
services being provided at the same time, rather than individually.
(9) Days--Calendar days.
(10) Developmental delay--As defined in Texas
Human Resources Code §
73.001(3)
and determined to be significant in compliance with the criteria and procedures
in Subchapter H of this chapter (relating to Eligibility, Evaluation, and
Assessment).
(11) Developmental
screenings--General screenings provided by the ECI program to assess the
child's need for further evaluation.
(12) DFPS--Department of Family and
Protective Services. The state agency that provides family reunification
services for families. These services are provided to families and children to
protect the children from abuse and neglect and help the family reduce the risk
of abuse and neglect.
(13)
ECI--Early Childhood Intervention.
(14) ECI professional--An individual employed
by or under the direction of an ECI program who meets the requirements of
qualified personnel as defined in
34 CFR §
303.13(c) and §
303.31, and who is knowledgeable
in child development and developmentally appropriate behavior, possesses the
requisite education and experience, and demonstrates competence to provide ECI
services.
(15) ECI program--In
addition to the definition of early intervention service program as defined in
34 CFR §
303.11, a program operated by a subrecipient
of HHSC ECI with the express purpose of implementing a system to provide ECI
services to children with developmental delays and their families.
(16) ECI services--Individualized IDEA Part C
services determined by the IFSP team to be necessary to support the family's
ability to enhance their child's development. ECI services are further defined
in 34 CFR §
303.13 and §
303.16 and §
350.1105 of this chapter (relating
to Capacity to Provide Early Childhood Intervention Services).
(17) ECSE--Early Childhood Special Education.
The state and federally mandated program for young children with disabilities
ages three to five under IDEA Part B, Section 619.
(18) EIS--Early intervention specialist. A
credentialed professional who meets specific educational requirements
established by HHSC ECI in §
350.313(a) of
this chapter (relating to Early Intervention Specialist) and has specialized
knowledge in early childhood cognitive, physical, communication,
social-emotional, and adaptive development.
(19) Evaluation--The procedures used by
qualified personnel to determine a child's initial and continuing eligibility
for ECI services that comply with the requirements described in
34 CFR §
303.21 and §
303.321.
(20) Face-to-face--The delivery of ECI
services in-person or via telehealth.
(21) FERPA--Family Educational Rights and
Privacy Act of 1974, 20 USC
§
1232g, as amended, and implementing
regulations at 34 CFR Part 99 . Federal law that outlines privacy protection
for parents and children enrolled in the ECI program. FERPA includes rights to
confidentiality and restrictions on disclosure of personally identifiable
information, and the right to inspect records.
(22) Group services--ECI services provided at
the same time to no more than four children and their parent or parents or
routine caregivers per ECI professional to meet the developmental needs of the
individual infant or toddler.
(23)
HHSC--Texas Health and Human Services Commission.
(A) HHSC has the final authority and
responsibility for the administration, supervision, and monitoring of programs
and activities under this system.
(B) HHSC has the final authority for the
obligation and expenditure of funds and compliance with all applicable laws and
rules.
(24) HHSC
ECI--Texas Health and Human Services Commission Early Childhood Intervention.
The entity designated as the lead agency, as defined by
34 CFR §
303.22. HHSC ECI is responsible for
maintaining and implementing the statewide IDEA Part C system.
(25) IDEA Part C--The Individuals with
Disabilities Education Act, Part C, as amended in 2004.
(26) IFSP--Individualized Family Service Plan
as defined in 34 CFR §
303.20. A written plan of care for providing
ECI services and other medical, health, and social services to an eligible
child and the child's family when necessary to enhance the child's development.
The IFSP is considered complete when the parent has signed the IFSP and
received a copy.
(27) IFSP
services--The individualized ECI services listed in the IFSP that have been
determined by the IFSP team to be necessary to enhance an eligible child's
development.
(28) IFSP services
pages--The standardized form designated by HHSC ECI that constitutes the
required final pages of the IFSP used to record ECI services planned for the
child.
(29) IFSP team--An
interdisciplinary team that meets the requirements in
34 CFR §
303.24(b) and works
collaboratively to develop, review, modify, and approve the IFSP. The IFSP team
includes, at a minimum, the child's parent and at least two ECI professionals
from different disciplines or professions.
(A) At least one of the ECI professionals
must be the family's assigned service coordinator.
(B) At least one of the ECI professionals
must be an LPHA.
(C) At least one
ECI professional must have been involved in conducting the evaluation. This may
be the LPHA or another professional.
(D) If the LPHA attending the IFSP meeting
did not conduct the evaluation, the subrecipient must ensure that the most
recent observations and conclusions of the LPHA who conducted the evaluation
were communicated to the LPHA attending the initial IFSP meeting and
incorporated into the IFSP.
(E)
Other team members may participate by other means acceptable to the
team.
(30)
Interdisciplinary team--In addition to the definition of multidisciplinary team
as defined in 34 CFR §
303.24, a team that consists of at least two
ECI professionals from different disciplines and the child's parent.
(A) One of the ECI professionals must be an
LPHA.
(B) The team may include a
teacher for the deaf and hard of hearing, a teacher for students with visual
impairments, and a certified orientation and mobility specialist from the
child's LEA, as appropriate.
(C)
Professionals on the team shall share a common perspective regarding infant and
toddler development and developmental delay.
(D) Professionals on the team must work
collaboratively to:
(i) conduct the
evaluation and assessment;
(ii)
develop the IFSP; and
(iii) provide
ECI services.
(31) LEA--Local educational agency as defined
in 34 CFR §
303.23.
(32) LPHA--Licensed practitioner of the
healing arts. A licensed physician, registered nurse, licensed physical
therapist, licensed occupational therapist, licensed speech language
pathologist, licensed professional counselor, licensed clinical social worker,
licensed psychologist, licensed dietitian, licensed audiologist, licensed
physician assistant, licensed marriage and family therapist, licensed intern in
speech language pathology, licensed behavior analyst, or advanced practice
registered nurse who is an employee or a subcontractor of an ECI subrecipient.
LPHA responsibilities are further described in §
350.312 of this chapter (relating
to Licensed Practitioner of the Healing Arts).
(33) Medicaid--The medical assistance
entitlement program administered by HHSC.
(34) MOU--Memorandum of understanding. A
written document evidencing the understanding or agreement of two or more
parties regarding the subject matter of the agreement.
(35) Native language--As defined in
34 CFR §
303.25.
(A)
When used with respect to an individual who is limited English proficient (as
that term is defined in IDEA Part B, Section 602(18)), native language means:
(i) 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
(ii) for
evaluations and assessments conducted pursuant to
34 CFR §
303.321(a)(5) and (a)(6),
the language normally used by the child, if determined developmentally
appropriate for the child by qualified personnel conducting the evaluation or
assessment.
(B) 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, "native language"
means the mode of communication that is normally used by the individual (such
as sign language, braille, or oral communication).
(36) Natural environments--As defined in
34 CFR §
303.26, settings that are natural or typical
for a same-aged infant or toddler without a disability. A natural environment
may include the home or community settings, include the daily activities of the
child and family or caregiver, and must be consistent with the provisions of
34 CFR §
303.126.
(39) Pre-enrollment--All family-related
activities from the time the referral is received up until the time the parent
signs the initial IFSP.
(40)
Primary referral sources--As defined in
34 CFR §
303.303(c).
(41) Public agency--HHSC and any other state
agency or political subdivision of the state that is responsible for providing
ECI services to eligible children under IDEA Part C.
(42) Qualifying medical diagnosis--A
diagnosed medical condition that has a high probability of developmental delay
as determined by HHSC, as described in §
350.811 of this chapter (relating
to Qualifying Medical Diagnosis).
(43) Referral date--The date the child's name
and sufficient information to contact the family was obtained by the
subrecipient.
(44) Routine
caregiver--An adult who:
(A) has written
authorization from the parent to participate in ECI services with the child,
even in the absence of the parent;
(B) participates in the child's daily
routines;
(C) knows the child's
likes, dislikes, strengths, and needs; and
(D) may be the child's relative, childcare
provider, or other person who regularly cares for the child.
(45) SEA--State educational agency
as defined by 34 CFR §
303.3(b).
(46) Service coordinator--An employee or
subcontractor of an ECI subrecipient who:
(A)
meets all applicable requirements in Subchapter C of this chapter (relating to
Staff Qualifications);
(B) is
assigned to be the single contact point for the family;
(C) is responsible for providing case
management services as described in §
350.405 of this chapter (relating
to Case Management Services); and
(D) is from the profession most relevant to
the child's or family's needs or is otherwise qualified to carry out all
applicable responsibilities.
(47) SRS--Specialized rehabilitative
services. Rehabilitative services outlined in §
350.501 of this chapter (relating
to Specialized Rehabilitative Services) that promote age-appropriate
development by correcting deficits and teaching compensatory skills for
deficits that directly result from medical, developmental, or other
health-related conditions.
(48)
SST--Specialized skills training. As defined by
34 CFR
303.13(b)(14). SST seeks to
reduce the child's functional limitations across developmental domains,
including strengthening the child's cognitive skills, positive behaviors, and
social interactions.
(49)
Subrecipient--A local private or public agency with proper legal status and
governed by a board of directors or governing authority that accepts funds from
HHSC to administer an ECI program.
(50) Surrogate parent--A person assigned to
act as a surrogate for the parent in compliance with IDEA Part C and this
chapter.
(51) TAC--Texas
Administrative Code. A compilation of all state agency rules in
Texas.
(52) TCM--Targeted case
management. Case management activities that meet criteria in §
350.405(c) of
this subchapter and are reimbursable by Medicaid when provided to
Medicaid-enrolled children who are eligible for ECI.
(53) TEA--Texas Education Agency. The state
agency that oversees primary and secondary public education. It is headed by
the commissioner of education.
(54)
Telehealth services--Health care services, other than telemedicine medical
services, delivered by a health professional licensed, certified, or otherwise
entitled to practice in Texas and acting within the scope of the health
professional's license, certification, or entitlement to a patient who is
located at a different physical location than the health professional using
synchronous audio-visual telecommunications or information
technology.
(55) USC--United States
Code. The official codification of the general and permanent federal statutes
of the United States.
Notes
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