003.01 Approved Cooperative Approved Cooperative means two or more school districts or an Educational Service Unit (ESU) approved by the Nebraska Department of Education pursuant to 92 NAC 51-004.07 to jointly perform special education functions, including receipt of special education payments.
003.02 Child Child means an individual under the age of six and may include an infant or toddler with a disability as defined in 92 NAC 52-003.15.
003.03 Co-Lead Agencies Co-Lead Agencies means the Department of Health and Human Services and the State Department of Education.
003.04 Consent Consent means that the parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language as defined in 92 NAC 52-003.17; the parent understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent form describes that activity and lists the early intervention records (if any) that will be released and to whom they will be released; and the parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. If a parent revokes consent, that revocation is not retroactive (i.e., it does not apply to an action that occurred before the consent was revoked).
003.05 Day Day means calendar day, unless otherwise indicated.
003.06 Early Intervention Services 003.06A Early intervention services means developmental services that -- 003.06A1 Are provided under public supervision;003.06A2 Are selected in collaboration with parents;003.06A3 Are provided at no cost, except subject to 34 CFR 303.520 and 303.521, where Federal or State law provides for a system of payments by families, including a schedule of sliding fees;003.06A4 Are designed to meet the developmental needs of an infant or toddler with a disability and the needs of the family to assist appropriately in the infant's or toddler's development, as identified by the IFSP Team, in any one or more of the following areas, including -- 003.06A4a Physical development;003.06A4b Cognitive development;003.06A4c Communication development;003.06A4d Social or emotional development; or003.06A4e Adaptive development;003.06A5 Meet the standards of the State in which the early intervention services are provided, including the requirements of Part C of the IDEA;003.06A6 Include services identified under 003.06B;003.06A7 Are provided by qualified personnel as that term is defined in 92 NAC 52-003.22, including the types of personnel listed in 003.06B;003.06A8 To the maximum extent appropriate, are provided in natural environments as defined in 92 NAC 52-003.18 and consistent with 92 NAC 52-007.06; and003.06A9 Are provided in conformity with an IFSP adopted in accordance with 92 NAC 52-007.003.06B Subject to 92 NAC 52-003.06D, early intervention services include the following services defined in this paragraph: 003.06B1Assistive Technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase, maintain, or improve the functional capabilities of an infant or toddler with a disability. The term does not include a medical device that is surgically implanted, including a cochlear implant, or the optimization (e.g. mapping), maintenance, or replacement of that device.003.06B2Assistive technology service means any service that directly assists an infant or toddler with a disability in the selection, acquisition, or use of an assistive technology device. The term includes;003.06B2a The evaluation of the needs of an infant or toddler with a disability, including a functional evaluation of the infant or toddler with a disability in the child's customary environment;003.06B2b Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by infants or toddlers with disabilities;003.06B3c Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; 003.06Bd Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;003.06Be Training or technical assistance for an infant or toddler with a disability or, if appropriate, that child's family; and003.06Bf Training or technical assistance for professionals (including individuals providing education or rehabilitation services) or other individuals who provide services to, or are otherwise substantially involved in the major life functions of, infants and toddlers with disabilities.003.06B3Audiology services include:003.06B3a Identification of children with auditory impairments, using at-risk criteria and appropriate audiological screening techniques;003.06B3b Determination of the range, nature, and degree of hearing loss and communication functions, by use of audiological evaluation procedures;003.06B3c Referral for medical and other services necessary for the habilitation or rehabilitation of an infant or toddler with a disability who has an auditory impairment;003.06B3d Provision of auditory training, aural rehabilitation, speech reading and listening devices, orientation and training, and other services;003.06B3e Provision of services for prevention of hearing loss; and003.06B3f Determination of the child's individual amplification, including selecting, fitting, and dispensing appropriate listing and vibrotactile devices, and evaluating the effectiveness of those devices.003.06B4Family training; counseling; and home visits means services provided, as appropriate, by social workers, psychologists, and other qualified personnel to assist the family of an infant or toddler with a disability in understanding the special needs of the child and enhancing the special needs of the child and enhancing the child's development.003.06B5Health services means services necessary to enable an otherwise eligible child to benefit from the other early intervention services during the time that the child is eligible to receive early intervention services. 003.06B5a The term includes such services as clean intermittent catherization, tracheotomy care, tube feeding, the changing of dressings or colostomy collection bags, and other health services; and 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.003.06B5b The term does not include:003.06B5b1 Services that are surgical in nature (such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus); purely medical in nature (such as hospitalization for management of congenital heart ailments, or the prescribing of medicine or drugs for any purpose); or related to the implementation, optimization (e.g., mapping), maintenance, or replacement of a medical device that is surgically implanted, including a cochlear implant. 003.06B5b1(a) Nothing in this Chapter limits the right of an infant or toddler with a disability with a surgically implanted device (e.g., cochlear implant) to receive the early intervention services that are identified in the child's IFSP as being needed to meet the child's developmental outcomes.003.06B5b1(b) Nothing in this Chapter prevents the early intervention service provider from routinely checking that either the hearing aid or the external components of a surgically implanted device (e.g., cochlear implant) of an infant or toddler with a disability are functioning properly;003.06B5b2 Devices (such as heart monitors, respirators and oxygen, and gastrointestinal feeding tubes and pumps) necessary to control or treat a medical condition; and003.06B5b3 Medical-health services (such as immunizations and regular "well-baby" care) that are routinely recommended for all children.003.06B6Medical services means services provided by a licensed physician for diagnostic or evaluation purposes to determine a child's developmental status and need for early intervention services.003.06B7Nursing services include the assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems; the provision of nursing care to prevent health problems, restore or improve functioning, and promote optimal health and development; and the administration of medications, treatments, and regimens prescribed by a licensed physician.003.06B8Nutrition services include:003.06B8a Conducting individual assessments in nutritional history and dietary intake; in anthropometric, biochemical and clinical variables; in feeding skills and feeding problems; and in food habits and food preferences;003.06B8b Developing and monitoring appropriate plans to address the nutritional needs of children eligible under 92 NAC 52, based on the findings of the individual assessments in 92 NAC 52-003.06B 8a; and 003.06B8b1 Making referrals to appropriate community resources to carry out nutrition goals.003.06B9Occupational therapy includes services to address the functional needs of an infant or toddler with a disability related to adaptive development, adaptive behavior, and play, and sensory, motor, and postural development. These services are designed to improve the child's functional ability to perform tasks in home, school, and community settings, and include: identification, assessment, and intervention; adaptation of the environment, and selection, design, and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; and prevention or minimization of the impact of initial or future impairment, delay in development, or loss of functional ability.003.06B10Physical Therapy includes services to address the promotion of sensorimotor function through enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor development, cardiopulmonary status, and effective environmental adaptation. These services include: 003.06B10a Screening, evaluation, and assessment of children to identify movement dysfunction;003.06B10b Obtaining, interpreting and integrating information appropriate to program planning to prevent, alleviate, or compensate for movement dysfunction and related functional problems; and003.06B10c Providing individual and group services or treatment to prevent, alleviate, or compensate for, movement dysfunction and related functional problems.003.06B11Psychological services includes: 003.06B11a Administering psychological and developmental tests and other assessment procedures;003.06B11b Interpreting assessment results;003.06B11c Obtaining, integrating and interpreting information about child behavior and child and child family conditions related to learning, mental health, and development; and003.06B11d Planning and managing a program of psychological services, including psychological counseling for children and parents, family counseling, consultation on child development, parent training, and education programs.003.06B12Services coordination services means services provided by a services coordinator to assist and enable an infant or toddler with a disability and the child's family to receive the services and rights, including procedural safeguards.003.06B13Sign language and cued language services include teaching sign language, cued language, and auditory/oral language, providing oral transliteration services (such as amplification), and providing sign and cued language interpretation.003.06B14Social work services includes: 003.06B14a Making home visits to evaluate a child's living conditions and patterns of parent-child interaction;003.06B14b Preparing a social or emotional developmental assessment of the infant or toddler within the family context;003.06B14c Providing individual and family-group counseling with parents and other family members, and appropriate social skill-building activities with the infant or toddler with a disability and parents;003.06B14d Working with those problems in the living situation (home, community, and any center where early intervention services are provided) of an infant or toddler with a disability and the family of that child that affect the child's maximum utilization of early intervention services; and003.06B14e Identifying, mobilizing and coordinating community resources and services to enable the infant or toddler with a disability and the family to receive maximum benefit from early intervention services.003.06B15Special Instruction includes:003.06B15a The design of learning environments and activities that promote the infant's or toddler's acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;003.06B15b Curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the IFSP for the infant or toddler with a disability;003.06B15c Providing families with information, skills, and support related to enhancing the skill development of the child; and003.06B15d Working with the infant or toddler with a disability to enhance the child's development.003.06B16Speech-language pathology services includes: 003.06B16a Identification of children with communication or language disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills;003.06B16b Referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communication or language disorders and delays in development of communication skills; and003.06B16c Provision of services for the habilitation, rehabilitation, or prevention of communication or language disorders and delays in development of communication skills.003.06B17Transportation and related costs include the cost of travel and other costs that are necessary to enable an infant or toddler with a disability and the child's family to receive early intervention services.003.06B18Vision Services mean: 003.06B18a Evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays and abilities that affect early childhood development;003.06B18b Referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders or both; and003.06B18c Communication skills training, orientation and mobility training for all environments, visual training, and additional training necessary to activate visual motor abilities.003.06C The following are types of qualified personnel who provide early intervention services under Part C of the IDEA: 003.06C2 Family therapists;003.06C4 Occupational therapists;003.06C5 Orientation and mobility therapists;003.06C6 Pediatricians and other physicians for diagnostic and evaluation purposes;003.06C7 Physical therapists;003.06C9 Registered dieticians; 003.06C10 Social Workers;003.06C11 Special educators, including teachers of children with hearing impairments (including deafness) and teachers of children with visual impairments (including blindness);003.06C12 Speech and language pathologists; and003.06C13 Vision specialists, including ophthalmologists and optometrists.003.06D The services and personnel identified in 003.06B and 003.06C do not comprise exhaustive lists of the types of services that may constitute early intervention services or the types of qualified personnel that may provide early intervention services. Nothing in this section prohibits the identification in the IFSP of another type of services as an early intervention service provided that the service meets the criteria identified in 003.06A or of another type of personnel that may provide early intervention services in accordance with this chapter, provided such personnel meet the requirements of 92 NAC 52-003.22.003.07 Evaluation Evaluation means the procedures used by qualified personnel to determine a child's initial and continuing eligibility under this Chapter consistent with the definition of infant or toddler with a disability in 92 NAC 52-003.15.
003.08 FAPE early intervention services FAPE early intervention services means those early intervention services that are part of a free appropriate public education for a child under 92 NAC 51. Such services must meet the requirements of both 92 NAC 51 and 92 NAC 52.
003.09 Free appropriate public education or FAPE Free appropriate public education or FAPE, means special education and related services that are provided at public expense, under public supervision and direction, and without charge; meet the requirements of 92 NAC 51 and the requirements of Part B of IDEA; include an appropriate preschool, elementary school or secondary school education in the state; and are provided in conformity with an individualized education program that meets the requirements of 92 NAC 51-007.
003.10 Homeless children Homeless children means children who meet the definition given to homeless children and youth in Section 725 ( 42 U.S.C. 11434 a) of the McKinney-Vento Assistance Act as amended in 42 USC 11431 et. seq.
003.11 Include or Including Include or Including means that the items are not all of the possible items that are covered, whether like or unlike the ones named.
003.12 Indian Indian includes an individual who is a member of an Indian tribe.
003.13 Indian tribe Indian tribe means any Federal or State Indian tribe, band, Rancheria, pueblo, colony, or community including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et. seq.).
003.14 Individualized Family Service Plan or IFSP Individualized Family Service Plan or IFSP means a written plan for providing early intervention services to an infant or toddler with a disability under this Chapter and the infant's or toddler's family that is based on the evaluation and assessment described in 92 NAC 52-006.05 through 006.07; that includes the content specified in 92 NAC 52-007; that is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained and that is developed in accordance with the IFSP procedures in 92 NAC 52-007.
003.15 Infant or toddler with a disability Infant or toddler with a disability means an individual under three years of age who needs early intervention services because the individual --
003.15A Is experiencing a developmental delay, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: 003.15A1 Cognitive development,003.15A2 Physical development, including vision and hearing,003.15A3 Communication development,003.15A4 Social or emotional development,003.15A5 Adaptive development; or003.15B Has a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay; and includes conditions such as chromosomal abnormalities, genetic or congenital disorders, sensory impairments, inborn errors of metabolism, disorders reflecting disturbance of the development of the nervous system, congenital infections, severe attachment orders, and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome; or003.15C Is experiencing any of the other disabilities described in 92 NAC 51-006.04. 003.15D Toddlers with disabilities who reach age three during the school year shall remain eligible throughout that school year.003.16 Multidisciplinary Multidisciplinary means the involvement of two or more separate disciplines or professions and with respect to:
003.16A The evaluation of the child and assessments of the child and family, may include one individual who is qualified in more than one discipline or profession; and003.16B Pursuant to 480 NAC 10, the IFSP team must include the involvement of the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the services coordinator.003.17 Native language 003.17A When used with respect to an individual who is limited English proficient or LEP (as that term is defined in section 602(18) of the IDEA) native language means the language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child except for evaluations and assessments conducted pursuant to 92 NAC 52-006.05D, the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment. 003.17B 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, includes the mode of communication that is normally used by the individual (such as sign language, braille, or oral communication).003.18 Natural environments Natural environments means settings that are natural or typical for a same-aged infant or toddler without a disability, may include the home or community settings, and must be consistent with the provisions of 92 NAC 52-007.06.
003.19 Notice Notice means prior written notice that must be provided to parents a reasonable time before the school district or approved cooperative proposes or refuses to initiate or change the identification, evaluation, or placement of the infant or toddler, or the provision of early intervention services to the infant or toddler with a disability and their family.
003.20 Parent Parent means:
003.20A A biological or adoptive parent of a child; 003.20B A guardian generally authorized to act as the child's parent, or authorized to make early intervention, educational, health or developmental decisions for the child (but not the State if the child is a ward of the State);003.20C 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; or003.20D A surrogate parent who has been appointed in accordance with 92 NAC 52-009.04.003.20E Except as provided in 92 NAC 52-003.20E 1 the biological or adoptive parent, when attempting to act as the parent under 92 NAC 52 and when more than one party is qualified under 92 NAC 52-003.20 to act as a parent, must be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational or early intervention service decisions for the child. 003.20E1 If a judicial decree or order identifies a specific person or persons under 92 NAC 52-003.20A through 003.20D to act as the "parent" of a child to make educational or early intervention service decisions on behalf of a child, then the person or persons must be determined to be the "parent" for purposes of this Chapter, except that if an early intervention service provider or a public agency provides any services to a child or any family member of that child, that early intervention service provider or public agency may not act as the parent for that child.003.21 Public agency Public agency as used in this Chapter includes the Nebraska Department of Education and any other agency or political subdivision of the State.
003.22 Qualified personnel 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.
003.23 Screening Procedures Screening Procedures means activities that are carried out under 92 NAC 52-006.03 by the school district or approved cooperative to identify, at the earliest possible age, infants and toddlers suspected of having a disability and in need of early intervention services; and includes the administration of appropriate instruments by personnel trained to administer those instruments. Screening is an optional procedure.
003.24 School year School year for an infant or toddler with a disability shall be September 1 through August 31.
003.25 Scientifically based research Scientifically based research has the meaning given the term in section 9101(37) of the Elementary and Secondary Education Act of 1965, as amended (ESEA). In applying the ESEA to the regulations in this Chapter any reference to "education activities and programs" refers to "early intervention services".
92 Neb. Admin. Code, ch. 52, § 003