N.M. Admin. Code § 8.9.8.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.9.8.7 - DEFINITIONS

A.Definitions beginning with the letter "A":

(1)"Adaptive development" means the development of self-help skills, such as eating, dressing, and toileting.

(2)"Adjusted age (corrected age)" means adjusting / correcting the child's age for children born prematurely (i.e. born less than 37 weeks gestation). The adjusted age is calculated by subtracting the number of weeks the child was born before 40 weeks of gestation from their chronological age. Adjusted Age (Corrected Age) should be used until the child is 24 months of age.

(3)"Assessment" means the ongoing procedures used by qualified personnel to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility for FIT services. Assessment includes observations of the child in natural settings, use of assessment tools, informed clinical opinion, and interviews with family members. Assessment includes ongoing identification of the concerns, priorities, and resources of the family.

B.Definitions beginning with the letter "B": "Biological/medical risk" means diagnosed medical conditions that increase the risk of developmental delays and disabilities in young children.

C.Definitions beginning with the letter "C":

(1)"Child find" means activities and procedures to locate, identify, screen and refer children from birth to three years of age with or at risk of having a developmental delay or developmental disabilities.

(2)"Child record" means the early intervention records (including electronic records) maintained by the early intervention provider and are defined as educational records in accordance with the Family Educational Rights and Privacy Act (FERPA). Early intervention records include files, documents, and other materials that contain information directly related to a child and family, and are maintained by the early intervention provider agency. Early intervention records do not include records of instructional, supervisory, and administrative personnel, which are in the sole possession of the maker and which are not accessible or revealed to any other person except to substitute staff.

(3)"Cognitive development" means the progressive changes in a child's thinking processes affecting perception, memory, judgment, understanding and reasoning.

(4)"Communication development" means the progressive acquisition of communication skills, during pre-verbal and verbal phases of development; receptive and expressive language, including spoken, non-spoken, sign language and assistive or augmentative communication devices as a means of expression; and speech production and perception. It also includes oral-motor development, speech sound production, and eating and swallowing processes. Related to hearing, communication development includes development of auditory awareness; auditory, visual, tactile, and kinesthetic skills; and auditory processing for speech or language development.

(5)"Confidentiality" means protection of the family's right to privacy of all personally identifiable information, in accordance with all applicable federal and state laws.

(6)"Consent" means informed written prior authorization by the parent(s) to participate in the early intervention system. The parent has been fully informed of all information relevant to the activity for which consent is sought in the parent's native language and mode(s) of communication and agrees to the activity for which consent is sought. The parent(s) shall be informed that the granting of consent is voluntary and can be revoked at any time. The revocation of consent is not retroactive.

D.Definitions beginning with the letter "D":

(1)"Days" means calendar days, unless otherwise indicated in these regulations.

(2)"Developmental delay" means an evaluated discrepancy between chronological age and developmental age of twenty-five percent, after correction for prematurity, in one or more of the following areas of development: cognitive, communication, physical/motor, social or emotional, and adaptive.

(3)"Developmental specialist" means an individual who meets the criteria established in these regulations and is certified to provide 'developmental instruction'. A developmental specialist works directly with the child, family and other personnel to implement the IFSP. The role and scope of responsibility of the developmental specialist with the family and the team shall be dictated by the individual's level of certification as defined in early childhood education and care department, family support and early intervention division policy and service standards.

(4)"Dispute resolution process" means the array of formal and informal options available to parents and providers for resolving disputes related to the provision of early intervention services and the system responsible for the delivery of those services.

(5)"Due process hearing" means a forum in which all parties present their viewpoint and evidence in front of an impartial hearing officer in order to resolve a dispute.

(6)"Duration" means the length of time that services included in the IFSP will be delivered.

E.Definitions beginning with the letter "E":

(1)"Early intervention services" means any or all services specified in the IFSP that are designed to meet the developmental needs of each eligible child and the needs of the family related to enhancing the child's development, as identified by the IFSP team. (Early intervention services are described in detail in the service delivery provisions of this rule.)

(2)"ECO (early childhood outcomes)" means the process of determining the child's development compared to typically developing children of the same age. The information is used to measure the child's developmental progress over time.

(3)"Eligible children" means children birth to three years of age who reside in the state and who meet the eligibility criteria within this rule.

(4)"Environmental risk" means the presence of adverse family factors in the child's environment that increases the risk of developmental delays and disabilities in young children.

(5)"Established condition" means a diagnosed physical, mental, or neurobiological condition that has a high probability of resulting in developmental delay or disability.

(6)"Evaluation" means the procedures used by qualified personnel to determine a child's initial and continuing eligibility for FIT services. It includes a review of records pertinent to the child's current health status and medical history; parent interview and parent report; observation of the child in natural settings; informed clinical opinion; use of FIT Program approved assessment tool(s); and identification of the level of functioning of the child in each developmental area -- cognitive, communication, physical/motor (including vision and hearing), social or emotional, and adaptive. An initial evaluation refers to the child's evaluation to determine his or her initial eligibility for FIT services.

F.Definitions beginning with the letter "F:

(1)"Family" means a basic unit of society typically composed of adults and children having as its nucleus one or more primary nurturing caregivers cooperating in the care and rearing of their children. Primary nurturing caregivers may include, but are not limited to, parents, guardians, siblings, extended family members, and others defined by the family.

(2)"Family infant toddler (FIT) program" means the program within state government that administers New Mexico's early intervention system for children (from birth to age three) who have or are at risk for developmental delay or disability and their families. The FIT program is established in accordance with 28-18-1 NMSA, 1978, and administered in accordance with the Individuals with Disabilities Education Act (IDEA), Part C as amended, and other applicable state and federal statutes and regulations.

(3)"Family service coordinator" means the person responsible for coordination of all services and supports listed on the IFSP and ensuring that they are delivered in a timely manner. The initial family service coordinator assists the family with intake activities such as eligibility determination and development of an initial individualized family service plan (IFSP) The ongoing family service coordinator is selected at the initial IFSP meeting and designated on the IFSP form.

(4)"FIT-KIDS (key information data system)" means the online data collection and billing system utilized by the FIT program.

(5)"Frequency" means the number of times that a service is provided or an event occurs within a specified period.

G.Definitions beginning with the letter "G": [RESERVED]

H.Definitions beginning with the letter "H":

(1)"Head start/early head start" means a comprehensive child development program for children of low income families established under the Head Start Act, as amended.

(2)"Homeless" means lacking a fixed, regular, and adequate nighttime residence.

I.Definitions beginning with the letter "I":

(1)"IFSP team" means the persons responsible for developing, reviewing the IFSP. The team shall include the parent(s), the family service coordinator, person(s) directly involved in conducting evaluations and assessments, and, as appropriate, persons who will be providing services to the child or family, an advocate or other persons, including family members, as requested by the family.

(2)"Inclusive setting" means a setting where the child with a developmental delay or disability participates in a setting with typically developing children. A classroom in an early head start, child care or preschool classroom must have at least fifty-one percent non disabled peers in order to be considered an inclusive setting.

(3)"Indian tribe" means any federal or state recognized Indian tribe.

(4)"Individualized education program (IEP)" means a written plan developed with input from the parents that specifies goals for the child and the special education and related services and supplementary aids and services to be provided through the public school system under IDEA Part B.

(5)"Individualized family service plan (IFSP)" means the written plan for providing early intervention services to an eligible child and the child's family. The plan is developed jointly with the family and appropriate qualified personnel involved. The plan is developed around outcomes and includes strategies to enhance the family's capacity to meet the developmental needs of the eligible child.

(6)"Individualized family service plan process (IFSP process)" means a process that occurs from the time of referral, development of the IFSP, implementation of early intervention services, review of the IFSP, through transition. The family service coordinator facilitates the IFSP process.

(7)"Individuals with Disabilities Education Act (IDEA) - Part C" means the federal law that contains requirements for serving eligible children. Part C of IDEA refers to the section of the law entitled "The Early Intervention Program for Infants and Toddlers with Disabilities".

(8)"Informed clinical opinion" means the knowledgeable perceptions of the evaluation team who use qualitative and quantitative information regarding aspects of a child's development that are difficult to measure in order to make a decision about the child's eligibility for the FIT program.

(9)"Intensity" means the length of time the service is provided during each session.

(10)"Interim IFSP" means an IFSP that is developed prior to the completion of the evaluation and assessments in order to provide early intervention services that have been determined to be needed immediately by the child and the child's family. Use of an Interim IFSP does not extend the 45-day timeline for completion of the evaluation process.

J.Definitions beginning with the letter "J": [RESERVED]

K.Definitions beginning with the letter "K": [RESERVED]

L.Definitions beginning with the letter "L":

(1)"Lead agency" means the agency responsible for administering early intervention services under the Individuals with Disabilities Education Act (IDEA) Part C. The early childhood education and care department, family infant toddler (FIT) program, is designated as the lead agency for IDEA Part C in New Mexico.

(2)"Local education agency (LEA)" means the local public school district.

(3)"Location" means the places in which early intervention services are delivered.

M.Definitions beginning with the letter "M":

(1)"Mediation" means a method of dispute resolution that is conducted by an impartial and neutral third party, who without decision-making authority will help parties to voluntarily reach an acceptable settlement on issues in dispute.

(2)"Medicaid" means the federal medical assistance program under Title XIX of the Social Security Act. This program provides reimbursement for some services delivered by early intervention provider agencies to medicaid-eligible children.

(3)"Method" means the way in which a specific early intervention service is delivered. Examples include group and individual services.

(4)"Multidisciplinary" means personnel from more than one discipline who work with the child and family, and who coordinate with other members of the team.

N.Definitions beginning with the letter "N":

(1)"Native language" with respect to an individual who is limited English proficient, means the language normally used by a child or their parent(s) or mode of communication normally used by a child or their parents. Native language when used with respect to evaluations and assessments is the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment. Native language, 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, means the mode of communication that is normally used by the individual (such as sign language, braille, or oral communication).

(2)"Natural environments" means places that are natural or normal for children of the same age who have no apparent developmental delay, including the home, community and inclusive early childhood settings. Early intervention services are provided in natural environments in a manner/method that promotes the use of naturally occurring learning opportunities and supports the integration of skills and knowledge into the family's typical daily routine and lifestyle.

O.Definitions beginning with the letter "O":

(1)"Other services" means services that the child and family need, and that are not early intervention services, but should be included in the IFSP. Other services does not mean routine medical services unless a child needs those services and the services are not otherwise available or being provided. Examples include, but are not limited to, child care, play groups, home visiting, early head start, WIC, etc.

(2)"Outcome" means a written statement of changes that the family desires to achieve for their child and themselves as a result of early intervention services that are documented on the IFSP.

P.Definitions beginning with the letter "P":

(1)"Parent(s)" means a biological or adoptive parent(s) of a child; a guardian; a person acting in the place of a parent (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare); or a surrogate parent who has been assigned in accordance with these regulations. A foster parent may act as a parent under this program if the natural parents' authority to make the decisions required of parents has been removed under state law and the foster parent has an ongoing, long-term parental relationship with the child; is willing to make the decisions required of parents under the Federal Individual with Disabilities Education Act; and has no interest that would conflict with the interests of the child.

(2)"Participating agency" means any individual, agency, entity, or institution that collects, maintains, or uses personally identifiable information to implement the requirements of this rule with respect to a particular child.

(3)"Permission" means verbal authorization from the parents to carry out a function and shall be documented. Documentation of permission does not constitute written consent.

(4)"Personally identifiable information" means that information in any form which includes the names of the child or family members, the child's or family's address, any personal identifier of the child and family such as a social security number, or a list of personal characteristics or any other information that would make it possible to identify the child or the family.

(5)"Personnel" means qualified staff and contractors who provide early intervention services, and who have met state approved or recognized certification or licensing requirements that apply to the area in which they are conducting evaluations, assessments or providing early intervention services.

(6)"Physical/motor development" means the progressive changes to a child's vision, hearing, gross and fine motor development, quality of movement, and health status.

(7)"Primary referral source" means parents, physicians, hospitals and public health facilities (including prenatal and postnatal care facilities), child care programs, home visiting providers, schools, local education agencies, public health care providers, children's medical services, public agencies and staff in the child welfare system (including child protective service and foster care), other public health or social services agencies, early head start, homeless family shelters, domestic violence shelters and agencies, and other qualified individuals or agencies which have identified a child as needing evaluation or early intervention services.

(8)"Prior written notice" means written notice given to the parents a reasonable time before the early intervention provider agency, either proposes or refuses to initiate or change the identification, evaluation, or placement of the child, or the provision of appropriate early intervention services to the child and the child's family. Prior notice must contain the action being proposed or refused, the reasons for taking the action and all procedural safeguards that are available.

(9)"Procedural safeguards" means the requirements set forth by IDEA, as amended, which specify families' rights and protections relating to the provision of early intervention services and the process for resolving individual complaints related to services for a child and family.

(10)"Provider agency" means a provider that meets the requirements established for early intervention services, and has been certified as a provider of early intervention services by the early childhood education and care department and that provides services through a provider agreement with the department.

(11)"Public agency" means the lead agency and any other political subdivision of the state government that is responsible for providing early intervention services to eligible children and their families.

Q.Definitions beginning with the letter "Q": [RESERVED]

R.Definitions beginning with the letter "R":

(1)"Referral" means the process of informing the FIT program regarding a child who may benefit from early intervention, and giving basic contact information regarding the family.

(2)"Reflective supervision" means planned time to provide a respectful, understanding and thoughtful atmosphere where exchanges of information, thoughts, and feelings about the things that arise around the person's work in supporting healthy parent-child relationships can occur. The focus is on the families involved and on the experience of the supervisee.

S.Definitions beginning with the letter "S":

(1)"School year" means the period of time between the fall and spring dates established by each public school district which mark the first and last days of school for any given year for children ages three through twenty-one years. These dates are filed each year with the public education department.

(2)"Scientifically based practices" means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities and programs.

(3)"Screening" means the use of a standardized instrument to determine if there is an increased concern regarding the child's development when compared to children of the same age, and whether a full evaluation would therefore be recommended.

(4) "Significant atypical development" means the eligibility determination under developmental delay made using informed clinical opinion, when twenty-five percent delay cannot be documented through state approved evaluation tool, but where there is significant concern regarding the child's development.

(5)"Social or emotional development" the developing capacity of the child to: experience, regulate, and express emotion; form close and secure interpersonal relationships; explore the environment and learn.

(6)"State education agency" means the public education department responsible for administering special education and related serves under IDEA Part B.

(7)"Strategies" means the section of the IFSP that describes how the team, including the parents, will address each outcome. Strategies shall include the methods and activities developed by the IFSP team to achieve functional outcomes. Strategies shall include family routines, times and locations where activities will occur, as well as accommodations to be made to the environment and assistive technology to be used. Strategies shall also include how members of the team will work together to meet the outcomes on the IFSP.

(8)"Supervision" means defining and communicating job requirements; counseling, mentoring and coaching for improved performance; providing job-related instruction; planning, organizing, and delegating work; evaluating performance; providing corrective and formative feedback; providing consequences for performance; and arranging the environment to support performance.

(9)"Surrogate parent" means the person appointed in accordance with these regulations to represent the eligible child in the IFSP Process when no parent can be identified or located, or the child is a ward of the state. A surrogate parent has all the rights and responsibilities afforded to a parent under Part C of IDEA.

T.Definitions beginning with the letter "T":

(1)"Transition" means the process for a family and eligible child of moving from services provided through the FIT program at age three. This process includes discussions with, and training of, parents regarding future placements and other matters related to the child's transition; procedures to prepare the child for changes in service delivery, including steps to help the child adjust to and function in a new setting; and with parental consent, the transmission of information about the child to a program into which the child might transition to ensure continuity of services, including evaluation and assessment information required and copies of IFSPs that have been developed and implemented.

(2)"Transition plan" means a component of the IFSP that addresses the process of a family and eligible child of moving from one service location to another. The plan defines the roles, responsibilities, activities and timelines for ensuring a smooth and effective transition.

U.Definitions beginning with the letter "U": [RESERVED]

V.Definitions beginning with the letter "V": [RESERVED]

W.Definitions beginning with the letter "W":"Ward of the state" means a child who is in foster care or in the custody of the child welfare agency.

N.M. Admin. Code § 8.9.8.7

Adopted by New Mexico Register, Volume XXXII, Issue 14, July 20, 2021, eff. 7/20/2021