2023 Colorado Revised Statutes › Title 26.5 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-6-103) › Article 3 - FAMILY AND CHILD HEALTH AND WELL-BEING (§§ 26.5-3-101 — 26.5-3-904) › Part 4 - COORDINATED SYSTEM OF PAYMENT FOR EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS (§§ 26.5-3-401 — 26.5-3-410) › Section 26.5-3-402 - Definitions - repeal

As used in this part 4, unless the context otherwise requires:
(1)
"Administrative unit" means a school district, a board of cooperative services, a charter school network, a charter school collaborative, or the state charter school institute that is providing educational services to exceptional children and that is responsible for the local administration of the education of exceptional children pursuant to article
20
of title
22
.
(2)
"Carrier" has the same meaning as set forth in section
10-16-102 (8)
.
(3)
"Certified early intervention service broker" or "broker" means:
(a)
(I)
Prior to July 1, 2024, a community-centered board or other entity designated by the department of health care policy and financing pursuant to section
25.5-10-209
to perform the duties and functions specified in section
26.5-3-408
in a particular designated service area. Notwithstanding the provisions of section
27-10.5-104 (4)
, if the department of health care policy and financing is unable to designate a community-centered board or other entity to serve as the broker for a particular designated service area, the department shall serve as the broker for the designated service area and may contract directly with early intervention service providers to provide early intervention services to eligible children in the designated service area.
(II)
This subsection (3)(a) is repealed, effective July 1, 2024.
(b)
On and after July 1, 2024, a case management agency or an entity, as those terms are defined in section
25.5-6-1702
, that has entered into a contract with the department to perform the duties and functions specified in section
26.5-3-408
in a particular defined service area. Notwithstanding section
27-10.5-104 (4)
, if there is not a case management agency or an entity and the department is unable to designate an organization to serve as the broker for a particular defined service area, the department shall serve as the broker for the defined service area and may contract directly with early intervention service providers to provide early intervention services to eligible children in the defined service area.
(4)
"Child find" means the program component of IDEA that requires states to find, identify, locate, evaluate, and serve all children with disabilities, from birth to twenty-one years of age. Child find includes:
(a)
Part C child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children from birth through two years of age; and
(b)
Part B child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children from three to twenty-one years of age.
(5)
"Coordinated system of payment" means the policies and procedures developed by the department, in cooperation with the departments of education, health care policy and financing, and public health and environment, and with the division of insurance in the department of regulatory agencies, private health insurance carriers, and certified early intervention service brokers, to ensure that available public and private sources of funds to pay for early intervention services for eligible children are accessed and utilized in an efficient manner.
(6)
"Defined service area", on and after July 1, 2024, means the geographical area that a community-centered board serves as specified in the contract between the community-centered board and the department.
(7)
(a)
"Designated service area" has the same meaning as set forth in section
25.5-10-202
.
(b)
This subsection (7) is repealed, effective July 1, 2024.
(8)
"Early intervention evaluations" means evaluations conducted pursuant to the early intervention program for infants and toddlers under part C of IDEA.
(9)
"Early intervention services" means services as defined by the department in accordance with part C that are authorized through an eligible child's IFSP and are provided to families at no cost or through the application of a sliding fee schedule. Early intervention services, as specified in an eligible child's IFSP, qualify as meeting the standard for medically necessary services as used by private health insurance and as used by public medical assistance, to the extent allowed pursuant to section
25.5-1-124
.
(10)
"Early intervention state plan" means the state plan for a comprehensive and coordinated system of early intervention services required pursuant to part C.
(11)
"Eligible child" means an infant or toddler, from birth through two years of age, who, as defined by the department in accordance with part C, has significant delays in development or has a diagnosed physical or mental condition that has a high probability of resulting in significant delays in development or who is eligible for services pursuant to section
27-10.5-102 (11)(c)
.
(12)
"Evaluation" means:
(a)
For the purposes of part C child find, the procedures used to determine a child's initial and continuing eligibility for part C child find, including but not limited to:
(I)
Determining the status of the child in each of the developmental areas;
(II)
Identifying the child's unique strengths and needs;
(III)
Identifying any early intervention services that might serve the child's needs; and
(IV)
Identifying priorities and concerns of the family and any resources to which the family has access.
(b)
For the purposes of part B child find, the procedures used under IDEA for children with disabilities to determine whether a child has a disability and the nature and extent of special education and related services that the child will need.
(13)
"IDEA" means the federal "Individuals with Disabilities Education Act",
20 U.S.C. sec. 1400
et seq., as amended, and its implementing regulations, 34 CFR part 300 and also 34 CFR part 303 as it pertains to child find.
(14)
"Individualized family service plan" or "IFSP" means a written plan developed pursuant to
20 U.S.C. sec. 1436
, as amended, and
34 CFR 303.340
, or any successor regulation, that authorizes the provision of early intervention services to an eligible child and the child's family. An IFSP serves as the individualized plan, pursuant to section
27-10.5-102 (20)(c)
, for a child from birth through two years of age.
(15)
"Infants and toddlers" means children from birth through two years of age.
(16)
"Multidisciplinary team" means the involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment activities defined in
34 CFR 303.321
, or any successor regulation, and development of the child's IFSP.
(17)
"Part B" means the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from three to twenty-one years of age.
(18)
"Part C" means the early intervention program for infants and toddlers who are eligible for services under part C of IDEA.
(19)
"Private health insurance" means a health coverage plan, as defined in section
10-16-102 (34)
, that is purchased by individuals or groups to provide, deliver, arrange for, pay for, or reimburse any of the costs of health-care services, as defined in section
10-16-102 (33)
, provided to a person entitled to receive benefits or services under the health coverage plan.
(20)
"Public medical assistance" means medical services that are provided by the state through the "Colorado Medical Assistance Act", articles
4
to
6
of title
25.5
, or the "Children's Basic Health Plan Act", article
8
of title
25.5
, or other public medical assistance funding sources to qualifying individuals.
(21)
"Qualified early intervention service provider" or "qualified provider" means a person or agency, as defined by the department by rule in accordance with part C, who provides early intervention services or early intervention evaluations and is listed on the registry of early intervention service providers pursuant to section
26.5-3-408 (1)
. In the event of a shortage of qualified early intervention evaluators, the department may contract with an administrative unit to conduct early intervention evaluations if a contract is entered between the department and the administrative unit, including written consent of the director of special education, with conditions for conducting and completing the evaluations, including identification of staff, costs for services, timelines for contract completion, and any other contract elements.
(22)
"Service coordination" means the activities carried out by a service coordinator to coordinate evaluation and intake activities, assist, and enable an eligible child and the eligible child's family to receive the rights, procedural safeguards, and services that are authorized to be provided under part C.
(23)
"State interagency coordinating council" means the council that is established pursuant to part C and appointed by the governor to advise and assist the lead agency designated or established under part C.
Renumbered from C.R.S. §
27-10.5-702
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Amended by 2022 Ch. 123, §136, eff. 7/1/2022.
Amended by 2022 Ch. 242, §15, eff. 8/10/2022.
Amended by 2021 Ch. 83, §62, eff. 7/1/2024.
Amended by 2021 Ch. 393, §7, eff. 7/1/2022.
Amended by 2018 Ch. 176, §1, eff. 4/30/2018.
L. 2008: Entire part R&RE, p. 1457, § 11, effective August 5. L. 2013: (2) and (15) amended, (HB 13-1266), ch. 993, p. 993, § 67, effective May 13; (3) amended, (HB 13-1314), ch. 1812, p. 1812, § 51, effective 3/1/2014. L. 2014: (3) amended, (HB 14-1363), ch. 1270, p. 1270, § 35, effective May 31. L. 2018: (6.5) added, (HB 18-1333), ch. 1210, p. 1210, § 1, effective April 30. L. 2021: (17) and (18) amended, (SB 21-275), ch. 2614, p. 2614, § 7, effective 7/1/2022; (3) amended, (HB 21 -1187), ch. 350, p. 350, § 62, effective 7/1/2024.