20 U.S.C. § 1432 : US Code - Section 1432: Definitions

Search 20 U.S.C. § 1432 : US Code - Section 1432: Definitions

      In this subchapter:
      (1) At-risk infant or toddler
        The term "at-risk infant or toddler" means an individual under
      3 years of age who would be at risk of experiencing a substantial
      developmental delay if early intervention services were not
      provided to the individual.
      (2) Council
        The term "council" means a State interagency coordinating
      council established under section 1441 of this title.
      (3) Developmental delay
        The term "developmental delay", when used with respect to an
      individual residing in a State, has the meaning given such term
      by the State under section 1435(a)(1) of this title.
      (4) Early intervention services
        The term "early intervention services" means developmental
      services that - 
          (A) are provided under public supervision;
          (B) 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;
          (C) 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 any 1 or more of
        the following areas:
            (i) physical development;
            (ii) cognitive development;
            (iii) communication development;
            (iv) social or emotional development; or
            (v) adaptive development;

          (D) meet the standards of the State in which the services are
        provided, including the requirements of this subchapter;
          (E) include - 
            (i) family training, counseling, and home visits;
            (ii) special instruction;
            (iii) speech-language pathology and audiology services, and
          sign language and cued language services;
            (iv) occupational therapy;
            (v) physical therapy;
            (vi) psychological services;
            (vii) service coordination services;
            (viii) medical services only for diagnostic or evaluation
          purposes;
            (ix) early identification, screening, and assessment
          services;
            (x) health services necessary to enable the infant or
          toddler to benefit from the other early intervention
          services;
            (xi) social work services;
            (xii) vision services;
            (xiii) assistive technology devices and assistive
          technology services; and
            (xiv) transportation and related costs that are necessary
          to enable an infant or toddler and the infant's or toddler's
          family to receive another service described in this
          paragraph;

          (F) are provided by qualified personnel, including - 
            (i) special educators;
            (ii) speech-language pathologists and audiologists;
            (iii) occupational therapists;
            (iv) physical therapists;
            (v) psychologists;
            (vi) social workers;
            (vii) nurses;
            (viii) registered dietitians;
            (ix) family therapists;
            (x) vision specialists, including ophthalmologists and
          optometrists;
            (xi) orientation and mobility specialists; and
            (xii) pediatricians and other physicians;

          (G) to the maximum extent appropriate, are provided in
        natural environments, including the home, and community
        settings in which children without disabilities participate;
        and
          (H) are provided in conformity with an individualized family
        service plan adopted in accordance with section 1436 of this
        title.
      (5) Infant or toddler with a disability
        The term "infant or toddler with a disability" - 
          (A) means an individual under 3 years of age who needs early
        intervention services because the individual - 
            (i) is experiencing developmental delays, as measured by
          appropriate diagnostic instruments and procedures in 1 or
          more of the areas of cognitive development, physical
          development, communication development, social or emotional
          development, and adaptive development; or
            (ii) has a diagnosed physical or mental condition that has
          a high probability of resulting in developmental delay; and

          (B) may also include, at a State's discretion - 
            (i) at-risk infants and toddlers; and
            (ii) children with disabilities who are eligible for
          services under section 1419 of this title and who previously
          received services under this subchapter until such children
          enter, or are eligible under State law to enter, kindergarten
          or elementary school, as appropriate, provided that any
          programs under this subchapter serving such children shall
          include - 
              (I) an educational component that promotes school
            readiness and incorporates pre-literacy, language, and
            numeracy skills; and
              (II) a written notification to parents of their rights
            and responsibilities in determining whether their child
            will continue to receive services under this subchapter or
            participate in preschool programs under section 1419 of
            this title.