D.C. Mun. Regs. tit. 5, r. 5-A3199

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A3199 - DEFINITIONS

3199.1

All terms used in this chapter shall be the same and conform to the definitions of such terms in the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1431, et seq. and all regulations set forth in 34 C.F.R. §§ 303.1 - 303.733. Several of these definitions are included herein for convenience.

Early intervention service provider or EIS provider - an entity (whether public, private, or nonprofit) or an individual that provides early intervention services under part C of the IDEA, whether or not the entity or individual receives Federal funds under part C of the IDEA, 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 IDEA.

An EIS provider is responsible for:

(1) 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;

(2) Providing early intervention services in accordance with the IFSP of the infant or toddler with a disability; and

(3) 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.

Individualized Family Service Plan (IFSP) - a written plan for providing early intervention services to an infant or toddler with a disability, as defined in this chapter, and the infant's or toddler's family that:

(a) Is based on an evaluation and assessment of the child and family, consistent with the requirements of 34 C.F.R. § 303.321;

(b) Consistent with the requirements of 34 C.F.R. § 303.344, includes information about the child's present levels of development, information about the family, results or outcomes to be achieved, the early intervention services necessary to meet the needs of the child and family and, to the extent appropriate, the identification of other services that the child or family needs or is receiving through other sources;

(c) Is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained, consistent with 34 C.F.R. § 303.420; and

(d) Is developed in accordance with the IFSP procedures in 34 C.F.R. §§ 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:

(a) Is experiencing a developmental delay, as measured by appropriate diagnostic instruments and procedures, in one (1) or more of the following areas:

(1) Cognitive development;

(2) Physical development, including vision and hearing;

(3) Communication development;

(4) Social or emotional development;

(5) Adaptive development;

(b) Has a diagnosed physical or mental condition that:

(1) Has a high probability of resulting in developmental delay; and

(2) Includes conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; in-born 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: or

(c) A child of a parent elects the extended IFSP option pursuant to this chapter.

Lead Agency - the Office of the State Superintendent of Education (OSSE), as the District of Columbia agency responsible for implementing a comprehensive system of early intervention services for infants and toddlers with disabilities and their families in conformance with District of Columbia law and federal law to ensure that all children with disabilities, ages birth through three (3) years of age have early intervention services available to them.

Parent - a biological or adoptive parent of a child, a guardian (but not the District of Columbia if the child is a ward of the District of Columbia), a person acting in the place of a parent (such as a grandparent or step-parent with whom the child lives, or a person who is legally responsible for the child's welfare), or a surrogate parent who has been appointed in accordance with 34 C.F.R. § 303.422 or Section 639(a)(5) of IDEA. A foster parent shall also be a parent if:

(a) The natural parent's authority to make educational decisions on the child's behalf has been extinguished under applicable law; and

(b) The foster parent has an ongoing, long-term parental relationship with the child, is willing to make educational decisions for the child as required under the IDEA and has no interest that conflicts with the interests of the child.

D.C. Mun. Regs. tit. 5, r. 5-A3199

Final Rulemaking published at 60 DCR 5614 (April 12, 2013)

Authority: Section 3(b) of the State Education Office Establishment Act of 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)(11) (2012 Supp.)); pursuant to Section 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 7-863.04 (2008 Repl.)); Part C of the Individuals with Disabilities Education Improvement Act of 2004, approved December 3, 2004 ( P.L. 108-446, 118 Stat. 2648; 20 U.S.C. §§ 1400 - 1482); and Mayor's Order 2009-167, dated September 28, 2009.