Code of Maine Rules › 05 - DEPARTMENT OF EDUCATION › 071 - EDUCATION - GENERAL › Chapter 101 - MAINE UNIFIED SPECIAL EDUCATION REGULATION BIRTH TO AGE TWENTY-TWO › 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 the knowledge/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.