Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 101 - MAINE UNIFIED SPECIAL EDUCATION REGULATION BIRTH TO AGE TWENTY › Section 071-101-X - EARLY INTERVENTION /SPECIAL EDUCATION SERVICES AND SETTINGS

Current through 2024-29, July 17, 2024
1.
Early Intervention Services,
				including Special Instruction in Natural Environments Birth-2
"Early intervention services" means developmental services
				  that
:
are provided under public supervision; are
				  provided at no cost except where federal or state law provides for a system of
				  payments by families, including a schedule of sliding fees; are designed to
				  meet the developmental needs of an infant or toddler with a disability, as
				  identified by the individualized family service plan team in one or more of the
				  following areas,
:
physical development, cognitive
				  development, communication development, social or emotional development or
				  adaptive development; meet the standards of the state in which the services are
				  provided; are provided by qualified personnel; to the maximum extent
				  appropriate, are provided in natural environments, including the home, and
				  community settings in which children without disabilities participate; and are
				  provided in conformity with an individualized family service plan.
				  [20 USC
				  1432(4)] Appropriate early
				  intervention services must be based upon scientifically-based research.
Early intervention services are built upon the
				  principles and procedures of evidence-based practice. These family-centered
				  practices are based on the outcome of well-controlled, replicable experience
				  and client values. Child Development Services utilizes a Primary Service
				  Provider (PSP) model to provide services in the child's natural environment,
				  through parent coaching, to improve the child's functioning in daily routines
				  and activities. The PSP provides support, information and resources to assist
				  family members and caregivers in the facilitation of the child's learning and
				  development within the context of everyday routines and
				  activities.
A. Natural
				Environment for Children Birth to 2.
The primary role of a PSP in early
				intervention is to work with and support family members and caregivers in
				building their capacity to meet the needs of the child within the context of
				the child's natural environment.
To the maximum extent appropriate, early intervention
				  services are provided in natural environments, including the home and community
				  settings in which children without disabilities participate and are provided in
				  conformity with an Individualized Family Service Plan (IFSP). [20 USC
				  1432(a)(4) (G,H)]
Consideration for a service to be provided outside of
				  the child's natural environment occurs when the child's outcomes cannot be met
				  or if progress is not being adequately made in the natural environment. If the
				  IFSP team determines that services must be provided outside of the natural
				  environment, a justification must be provided in the IFSP. If it is determined
				  that early intervention services are to be provided outside of the natural
				  environment, the IFSP team must continue to discuss placement and return
				  services to the natural environment when it is determined to be
				  appropriate.
B.
Evidence Based Early Intervention Practices. For children
				B-2
,
the preferred model of service delivery is the
				provision of services that are embedded in everyday routines and activities by
				a PSP in the child's natural environment. This PSP will be selected from, and
				is supported by, a multidisciplinary team of professionals including, but not
				limited to, a B-2 service coordinator, an early childhood special
				educator/early intervention specialist, an occupational therapist, a physical
				therapist, and a speech-language pathologist, and/or other qualified
				professionals as determined by the IFSP Team, which includes the parent(s). The
				PSP for each family and the child will be determined by the child's IFSP team
				based upon the family's desired outcomes and theknowledge/expertise of the PSP.
				The PSP will work with and support the family/ caregivers to promote progress
				toward the IFSP outcomes.
(1) Special
				Instruction, Birth-2. Special instruction includes the design of learning
				environments and activities that promote the child's acquisition of skills in a
				variety of developmental areas, including cognitive processes and social
				interaction; curriculum planning, including the planned interaction of
				personnel, materials, and time and space, that leads to achieving the outcomes
				in the child's individualized family service plan; providing families with
				information, skills, and support related to enhancing the skill development of
				the child; and working with the child to enhance the child's development.
				[34 CFR
				303.13(a)(14)] .
(2)
Early Intervention Team
				Consultation Services. Consultation services may be provided by team members or
				other qualified professionals to the PSP or family members in team meetings and
				in the natural environment to PSP, families, and caregivers or teachers of
				children B-2 for the purpose of assisting in the modification and/or adaptation
				of their daily routines and activities in order to enable the child to
				appropriately advance toward achieving the outcomes set forth on the IFSP.
				Consultation services shall be provided by an appropriately qualified early
				intervention professional employed or contracted by an SAU.
(3)
Duration of Services. The IFSP
				for a child B-2 is to be written on the basis of a twelve month program year,
				unless the IFSP Team recommends that the duration of services be less than
				twelve months, based on the individual needs of the child.
(4)
Qualified Staff. Special
				Instruction and/or early intervention services provided to a child with a
				disability shall be considered as a part of the child's early intervention
				program, shall be specified in the child's IFSP and shall be provided by
				appropriately qualified education personnel, or qualified contractors. An
				educational technician III approved by the Office of Certification of the
				Department may provide special instruction when supervised by the certified
				special education teacher responsible for the program.
(5)
Supervision of Educational
				Technicians. Supervision of educational technicians shall be as required by
				Maine Department of Education Regulations Chapter 115.
EDUCATIONAL
							 TECHNICIAN
Permitted
							 Responsibilities
Required
							 Supervision
I
(a) Review and reinforce learning previously
							 introduced by the classroom teacher or appropriate content specialist, or
							 assist in drill or practice activities;
(b) Perform non-instructional, non-evaluative
							 functions;
(c) Assist in the preparation of
							 instructional materials; and
(d) Provide classroom management
							 functions.
(a) Be assigned instructional duties that are
							 directly supervised by the classroom teacher or appropriate content specialist
							 in the classroom; or
(b) Serve under general administrative
							 supervision when performing non-instructional student-related
							 duties.
II
(a) Perform all of the duties of an
							 Educational Technician I; and
(b) Introduce new learning preplanned in
							 collaboration with the classroom teacher or appropriate content
							 specialist.
(a) Meet with the classroom/program teacher
							 or appropriate content specialist and receive direction on a regular basis,
							 whenever possible on a daily basis;
(b) Perform short-term instruction in small
							 groups under the direct supervision of the teacher or appropriate content
							 specialist in the classroom; or
(c) Conduct one-on-one or small group
							 instruction with indirect supervision.
III
(a) Perform all of the duties of an
							 Educational Technician I or II;
(b) Introduce new learning preplanned in
							 consultation with the classroom teacher or appropriate content specialist;
							 and
(c) Supervise small groups of students in
							 community-based programs.
(a) Meet with the classroom/program teacher
							 or appropriate content area specialist and receive direction, whenever possible
							 on a twice weekly basis; or
(b) Perform short-term instruction in small
							 classes or in community-based programs with indirect
							 supervision.
An Educational Technician I, II, or III may not work
				  with more than five children at any one time.