Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter A - GENERAL RULES › Section 350.103 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 will have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Assessment--As defined
				  in
				  34
				  CFR §
											303.321(a)(2)(ii), the
				  ongoing procedures used by appropriate qualified personnel throughout the
				  period of a child's eligibility for early childhood intervention (ECI) services
				  to assess the child's individual strengths and needs and determine the
				  appropriate services to meet those needs.
(2) Child--An infant or toddler, from birth
				  through 35 months, as defined in
				  34 CFR §
											303.21.
(3) Child Find--As described in
				  34 CFR §§
											303.115,
				  303.302,
				  and
				  303.303,
				  activities and strategies designed to locate and identify, as early as
				  possible, infants and toddlers with developmental delay.
(4) Complaint--A formal written allegation
				  submitted to the Texas Health and Human Services Commission (HHSC) stating that
				  a requirement of the Individuals with Disabilities Education Act (IDEA) or an
				  applicable federal or state regulation has been violated.
(5) Comprehensive Needs Assessment--Conducted
				  by an interdisciplinary team as defined in paragraph (25) of this section as a
				  part of the Individualized Family Services Plan (IFSP) development process, the
				  process for identifying a child's unique strengths and needs, and the family's
				  resources, concerns, and priorities in order to develop an IFSP. The
				  comprehensive assessment process gathers information across developmental
				  domains regarding the child's abilities to participate in the everyday routines
				  and activities of the family.
(6)
				  Condition with a High Probability of Resulting in Developmental Delay--A
				  medical diagnosis known and widely accepted within the medical community to
				  result in a developmental delay over the natural course of the
				  diagnosis.
(7) Consent--As defined
				  in 34
				  CFR §
											303.7 and meeting all requirements
				  in
				  34 CFR §
											303.420.
(8) Contractor--A local private or public
				  agency with proper legal status and governed by a board of directors or
				  governing authority that accepts funds from HHSC to administer an early
				  childhood intervention program.
(9)
				  Co-visits--When two or more service providers deliver different services to the
				  child during the same period of time. Co-visits are provided when a child will
				  receive greater benefit from services being provided at the same time, rather
				  than individually.
(10)
				  Days--Calendar days, except for local education agency (LEA) services which are
				  defined as "school days."
(11)
				  Developmental Delay--As defined in Texas Human Resources Code §
										73.001(3)
				  and determined to be significant in compliance with the criteria and procedures
				  in Subchapter H of this chapter (relating to Eligibility, Evaluation, and
				  Assessment).
(12) Developmental
				  Screenings--General screenings provided by the early childhood intervention
				  program to assess the child's need for further evaluation.
(13) Early Childhood Intervention Program--In
				  addition to the definition of early intervention service program as defined in
				  34 CFR §
											303.11, a program operated by the contractor
				  with the express purpose of implementing a system to provide early childhood
				  intervention services to children with developmental delays and their
				  families.
(14) Early Childhood
				  Intervention Services--Individualized early childhood intervention services
				  determined by the IFSP team to be necessary to support the family's ability to
				  enhance their child's development. Early childhood intervention services are
				  further defined in
				  34 CFR §
											303.13 and § 303.16 and § 350.1105
				  of this chapter (relating to Capacity to Provide Early Childhood Intervention
				  Services).
(15) ECI
				  Professional--An individual employed by or under the direction of an HHSC Early
				  Childhood Intervention Program contractor who meets the requirements of
				  qualified personnel as defined in
				  34 CFR §
											303.13(c) and §
										303.31, and
				  who is knowledgeable in child development and developmentally appropriate
				  behavior, possesses the requisite education and experience, and demonstrates
				  competence to provide ECI services.
(16) EIS--Early Intervention Specialist. A
				  credentialed professional who meets specific educational requirements
				  established by HHSC ECI in § 350.313(a) of this chapter (relating to Early
				  Intervention Specialist (EIS)) and has specialized knowledge in early childhood
				  cognitive, physical, communication, social-emotional, and adaptive
				  development.
(17) Evaluation--The
				  procedures used by qualified personnel to determine a child's initial and
				  continuing eligibility for early childhood intervention services that comply
				  with the requirements described in
				  34 CFR §
											303.21 and §
										303.321.
(18) FERPA--Family Educational Rights and
				  Privacy Act of 1974,
				  20 USC §
											1232g, as amended, and implementing
				  regulations at 34 CFR Part 99 . Federal law that outlines privacy protection
				  for parents and children enrolled in the ECI program. FERPA includes rights to
				  confidentiality and restrictions on disclosure of personally identifiable
				  information, and the right to inspect records.
(19) Group Services--Early childhood
				  intervention services provided at the same time to no more than four children
				  and their parent or parents or routine caregivers per service provider to meet
				  the developmental needs of the individual infant or toddler.
(20) HHSC--Texas Health and Human Services
				  Commission. The entity designated as the lead agency by the governor under the
				  Individuals with Disabilities Education Act, Part C. HHSC has the final
				  authority and responsibility for the administration, supervision, and
				  monitoring of programs and activities under this system. HHSC has the final
				  authority for the obligation and expenditure of funds and compliance with all
				  applicable laws and rules.
(21)
				  HHSC ECI--The Texas Health and Human Services Commission Early Childhood
				  Intervention Services. The state program responsible for maintaining and
				  implementing the statewide early childhood intervention system required under
				  the Individuals with Disabilities Education Act, Part C, as amended in
				  2004.
(22) IFSP--Individualized
				  Family Service Plan as defined in
				  34 CFR §
											303.20. A written plan of care for providing
				  early childhood intervention services and other medical, health, and social
				  services to an eligible child and the child's family when necessary to enhance
				  the child's development.
(23) IFSP
				  Services--The individualized early childhood intervention services listed in
				  the IFSP that have been determined by the IFSP team to be necessary to enhance
				  an eligible child's development.
(24) IFSP Team--An interdisciplinary team
				  that meets the requirements in
				  34 CFR §
											303.24(b) and works
				  collaboratively to develop, review, modify, and approve the IFSP. It includes
				  the parent; the service coordinator; all ECI professionals providing services
				  to the child, as planned on the IFSP; certified Teachers of the Deaf and Hard
				  of Hearing, as appropriate; and certified Teachers of Students with Visual
				  Impairments, as appropriate.
(25)
				  Interdisciplinary Team--In addition to the definition of multidisciplinary team
				  as defined in
				  34 CFR §
											303.24, a team that consists of at least two
				  ECI professionals from different disciplines and the child's parent. One of the
				  ECI professionals must be a Licensed Practitioner of the Healing Arts (LPHA).
				  The team may include representatives of the LEA. Professionals on the team
				  share a common perspective regarding infant and toddler development and
				  developmental delay and work collaboratively to conduct evaluation, assessment,
				  IFSP development, and to provide intervention.
(26) LEA--Local educational agency as defined
				  in
				  34 CFR §
											303.23.
(27) LPHA--Licensed Practitioner of the
				  Healing Arts. A licensed physician, registered nurse, licensed physical
				  therapist, licensed occupational therapist, licensed speech language
				  pathologist, licensed professional counselor, licensed clinical social worker,
				  licensed psychologist, licensed dietitian, licensed audiologist, licensed
				  physician assistant, licensed marriage and family therapist, licensed intern in
				  speech language pathology, licensed behavior analyst, or advanced practice
				  registered nurse who is an employee or a subcontractor of an ECI contractor.
				  LPHA responsibilities are further described in § 350.312 of this chapter
				  (relating to Licensed Practitioner of the Healing Arts (LPHA)).
(28) Medicaid--The medical assistance
				  entitlement program administered by HHSC.
(29) Native Language--As defined in
				  34 CFR §
											303.25.
(A)
				  When used with respect to an individual who is limited English proficient (as
				  that term is defined in section 602(18) of the Individuals with Disabilities
				  Education Act), native language means:
(i)
				  the language normally used by that individual, or, in the case of a child, the
				  language normally used by the parents of the child; and
(ii) for evaluations and assessments
				  conducted pursuant to
				  34
				  CFR §
													303.321(a)(5) and
				  (a)(6), the language normally used by the
				  child, if determined developmentally appropriate for the child by qualified
				  personnel conducting the evaluation or assessment.