210 R.I. Code R. 210-RICR-30-15-1.3

Current through December 3, 2024

Section 210-RICR-30-15-1.3 - Definitions

A. For the purposes of this rule, the following definitions apply:

1. "Act" means R.I. Gen. Laws Chapter 23-13, as amended.

2. "Children" means infants and toddlers from birth through age two (2), who need early intervention services.

3. "Council" means the state Interagency Coordinating Council.

4. "Days" means calendar days.

5. "Department" means the Rhode Island Executive Office of Health and Human Services.

6. "Developmental delay" means significant delay in the developmental areas of cognition, communication development, and physical development, including vision and hearing, social or emotional development, and/or adaptive behavior.

7. "Early Intervention System" means the total effort in the state that is directed at identifying and meeting the needs of eligible children and families.

8. "Early Intervention provider" means an entity (whether public, private or nonprofit) or an individual that provides early intervention services.

9. "Early Intervention services" (here and after referred to as "EIS") means services that are designed to meet the unique developmental needs of the eligible child and the needs of the family related to enhancing the child's development.

10. "Evaluation" means the procedures used by qualified personnel to determine the child's eligibility.

11. "Infants and toddlers with disabilities" means individuals from birth through age two (2) who:

a. Have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay;

b. Are experiencing developmental delays as measured by a norm- referenced standardized tool that identifies a delay that is 2 standard deviations below the mean in at least one area of development, or 1.5 standard deviations below the mean in two or more areas of development. Areas of development include: cognitive development, physical development (including vision and hearing), communication development, social or emotional development, adaptive development; or

c. Through the use of informed clinical opinion, the multidisciplinary team identifies a significant delay not captured by test scores, significant, atypical behaviors, or significant circumstance.

d. In order to be eligible under informed clinical opinion, there must be an impact on child/family functioning to the degree that without intervention developmental delay would result.

12. "Lead agency" means the Rhode Island Executive Office of Health and Human Services (EOHHS).

13. Multidisciplinary" means involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment and development of an IFSP (Individualized Family Service Plan).

14. "Parent" means:

a. General:

(1) A biological or adoptive parent of a child;

(2) 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 if the child is ward of the state);

(3) A person acting in the place of a biological or adoptive parent (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare);

(4) A surrogate parent who has been assigned in accordance with existing state law and procedures outlined in the Rhode Island Early Intervention Certification Standards. The term does not include the state if the child is a ward of the state.

(5) Foster parent. If the biological parents' authority to make the decisions required of parent under the Act has been extinguished under state law.

b. The term does not include the state if the child is a ward of the state.

15. "Part C" means Part C of the Individuals with Disabilities Education Improvement ACT of 2004 that addresses infants and toddlers, birth through two (2) years of age with developmental delays or disabilities or physical or mental conditions with a high probability of resulting in significant delay in development in accordance with 34 C.F.R. 303.

16. Person" means any individual, trust or estate, partnership, corporation (including associations, joint stock companies), limited liability companies, state or political subdivision or instrumentality of a state.

17. "Qualified personnel" means personnel who provide Early Intervention services and who have met state approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the person is providing EIS as outlined in the Rhode Island Early Intervention Certification Standards.

18. "Rhode Island EI Certification Standards" means the policies and procedures defined by the EOHHS to ensure compliance with Part C of IDEA (Individuals with Disabilities Education Act), state regulations and to ensure the provision of quality services and supports to eligible families of infants and toddlers with developmental disabilities and delays in Rhode Island.

19. "Secretary" means the Secretary of the Rhode Island Executive Office of Health and Human Services.

210 R.I. Code R. 210-RICR-30-15-1.3