New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 9 - EARLY CHILDHOOD EDUCATION AND CARE
Part 8 - REQUIREMENTS FOR FAMILY INFANT TODDLER EARLY INTERVENTION SERVICES
Section 8.9.8.7 - DEFINITIONS
Universal Citation: 8 NM Admin Code 8.9.8.7
Current through Register Vol. 35, No. 18, September 24, 2024
A. Definitions beginning with the letter "A":
(1)
"Adaptive development" means
the development of self-help skills, such as eating, dressing, and
toileting.
(2)
"Adjusted age
(corrected age)" means adjusting / correcting the child's age for
children born prematurely (i.e. born less than 37 weeks gestation). The
adjusted age is calculated by subtracting the number of weeks the child was
born before 40 weeks of gestation from their chronological age. Adjusted Age
(Corrected Age) should be used until the child is 24 months of age.
(3)
"Assessment" means the
ongoing procedures used by qualified personnel to identify the child's unique
strengths and needs and the early intervention services appropriate to meet
those needs throughout the period of the child's eligibility for FIT services.
Assessment includes observations of the child in natural settings, use of
assessment tools, informed clinical opinion, and interviews with family
members. Assessment includes ongoing identification of the concerns,
priorities, and resources of the family.
B. Definitions beginning with the letter "B": "Biological/medical risk" means diagnosed medical conditions that increase the risk of developmental delays and disabilities in young children.
C. Definitions beginning with the letter "C":
(1)
"Child find" means activities and procedures to locate, identify,
screen and refer children from birth to three years of age with or at risk of
having a developmental delay or developmental disabilities.
(2)
"Child record" means the
early intervention records (including electronic records) maintained by the
early intervention provider and are defined as educational records in
accordance with the Family Educational Rights and Privacy Act (FERPA). Early
intervention records include files, documents, and other materials that contain
information directly related to a child and family, and are maintained by the
early intervention provider agency. Early intervention records do not include
records of instructional, supervisory, and administrative personnel, which are
in the sole possession of the maker and which are not accessible or revealed to
any other person except to substitute staff.
(3)
"Cognitive development"
means the progressive changes in a child's thinking processes affecting
perception, memory, judgment, understanding and reasoning.
(4)
"Communication development"
means the progressive acquisition of communication skills, during pre-verbal
and verbal phases of development; receptive and expressive language, including
spoken, non-spoken, sign language and assistive or augmentative communication
devices as a means of expression; and speech production and perception. It also
includes oral-motor development, speech sound production, and eating and
swallowing processes. Related to hearing, communication development includes
development of auditory awareness; auditory, visual, tactile, and kinesthetic
skills; and auditory processing for speech or language development.
(5)
"Confidentiality" means
protection of the family's right to privacy of all personally identifiable
information, in accordance with all applicable federal and state
laws.
(6)
"Consent"
means informed written prior authorization by the parent(s) to participate in
the early intervention system. The parent has been fully informed of all
information relevant to the activity for which consent is sought in the
parent's native language and mode(s) of communication and agrees to the
activity for which consent is sought. The parent(s) shall be informed that the
granting of consent is voluntary and can be revoked at any time. The revocation
of consent is not retroactive.
D. Definitions beginning with the letter "D":
(1)
"Days"
means calendar days, unless otherwise indicated in these regulations.
(2)
"Developmental delay" means
an evaluated discrepancy between chronological age and developmental age of
twenty-five percent, after correction for prematurity, in one or more of the
following areas of development: cognitive, communication, physical/motor,
social or emotional, and adaptive.
(3)
"Developmental specialist"
means an individual who meets the criteria established in these regulations and
is certified to provide 'developmental instruction'. A developmental specialist
works directly with the child, family and other personnel to implement the
IFSP. The role and scope of responsibility of the developmental specialist with
the family and the team shall be dictated by the individual's level of
certification as defined in early childhood education and care department,
family support and early intervention division policy and service
standards.
(4)
"Dispute
resolution process" means the array of formal and informal options
available to parents and providers for resolving disputes related to the
provision of early intervention services and the system responsible for the
delivery of those services.
(5)
"Due process hearing" means a forum in which all parties present
their viewpoint and evidence in front of an impartial hearing officer in order
to resolve a dispute.
(6)
"Duration" means the length of time that services included in the
IFSP will be delivered.
E. Definitions beginning with the letter "E":
(1)
"Early
intervention services" means any or all services specified in the IFSP
that are designed to meet the developmental needs of each eligible child and
the needs of the family related to enhancing the child's development, as
identified by the IFSP team. (Early intervention services are described in
detail in the service delivery provisions of this rule.)
(2)
"ECO (early childhood
outcomes)" means the process of determining the child's development
compared to typically developing children of the same age. The information is
used to measure the child's developmental progress over time.
(3)
"Eligible children" means
children birth to three years of age who reside in the state and who meet the
eligibility criteria within this rule.
(4)
"Environmental risk" means
the presence of adverse family factors in the child's environment that
increases the risk of developmental delays and disabilities in young
children.
(5)
"Established
condition" means a diagnosed physical, mental, or neurobiological
condition that has a high probability of resulting in developmental delay or
disability.
(6)
"Evaluation" means the procedures used by qualified personnel to
determine a child's initial and continuing eligibility for FIT services. It
includes a review of records pertinent to the child's current health status and
medical history; parent interview and parent report; observation of the child
in natural settings; informed clinical opinion; use of FIT Program approved
assessment tool(s); and identification of the level of functioning of the child
in each developmental area -- cognitive, communication, physical/motor
(including vision and hearing), social or emotional, and adaptive. An initial
evaluation refers to the child's evaluation to determine his or her initial
eligibility for FIT services.
F. Definitions beginning with the letter "F:
(1)
"Family"
means a basic unit of society typically composed of adults and children having
as its nucleus one or more primary nurturing caregivers cooperating in the care
and rearing of their children. Primary nurturing caregivers may include, but
are not limited to, parents, guardians, siblings, extended family members, and
others defined by the family.
(2)
"Family infant toddler (FIT) program" means the program within
state government that administers New Mexico's early intervention system for
children (from birth to age three) who have or are at risk for developmental
delay or disability and their families. The FIT program is established in
accordance with 28-18-1 NMSA, 1978, and administered in accordance with the
Individuals with Disabilities Education Act (IDEA), Part C as amended, and
other applicable state and federal statutes and regulations.
(3)
"Family service coordinator"
means the person responsible for coordination of all services and supports
listed on the IFSP and ensuring that they are delivered in a timely manner. The
initial family service coordinator assists the family with intake activities
such as eligibility determination and development of an initial individualized
family service plan (IFSP) The ongoing family service coordinator is selected
at the initial IFSP meeting and designated on the IFSP form.
(4)
"FIT-KIDS (key information data
system)" means the online data collection and billing system utilized by
the FIT program.
(5)
"Frequency" means the number of times that a service is provided
or an event occurs within a specified period.
G. Definitions beginning with the letter "G": [RESERVED]
H. Definitions beginning with the letter "H":
(1)
"Head start/early head
start" means a comprehensive child development program for children of
low income families established under the Head Start Act, as amended.
(2)
"Homeless" means lacking a
fixed, regular, and adequate nighttime residence.
I. Definitions beginning with the letter "I":
(1)
"IFSP
team" means the persons responsible for developing, reviewing the IFSP.
The team shall include the parent(s), the family service coordinator, person(s)
directly involved in conducting evaluations and assessments, and, as
appropriate, persons who will be providing services to the child or family, an
advocate or other persons, including family members, as requested by the
family.
(2)
"Inclusive
setting" means a setting where the child with a developmental delay or
disability participates in a setting with typically developing children. A
classroom in an early head start, child care or preschool classroom must have
at least fifty-one percent non disabled peers in order to be considered an
inclusive setting.
(3)
"Indian tribe" means any federal or state recognized Indian
tribe.
(4)
"Individualized
education program (IEP)" means a written plan developed with input from
the parents that specifies goals for the child and the special education and
related services and supplementary aids and services to be provided through the
public school system under IDEA Part B.
(5)
"Individualized family service plan
(IFSP)" means the written plan for providing early intervention services
to an eligible child and the child's family. The plan is developed jointly with
the family and appropriate qualified personnel involved. The plan is developed
around outcomes and includes strategies to enhance the family's capacity to
meet the developmental needs of the eligible child.
(6)
"Individualized family service plan
process (IFSP process)" means a process that occurs from the time of
referral, development of the IFSP, implementation of early intervention
services, review of the IFSP, through transition. The family service
coordinator facilitates the IFSP process.
(7)
"Individuals with Disabilities
Education Act (IDEA) - Part C" means the federal law that contains
requirements for serving eligible children. Part C of IDEA refers to the
section of the law entitled "The Early Intervention Program for Infants and
Toddlers with Disabilities".
(8)
"Informed clinical opinion" means the knowledgeable perceptions of
the evaluation team who use qualitative and quantitative information regarding
aspects of a child's development that are difficult to measure in order to make
a decision about the child's eligibility for the FIT program.
(9)
"Intensity" means the length
of time the service is provided during each session.
(10)
"Interim IFSP" means an
IFSP that is developed prior to the completion of the evaluation and
assessments in order to provide early intervention services that have been
determined to be needed immediately by the child and the child's family. Use of
an Interim IFSP does not extend the 45-day timeline for completion of the
evaluation process.
J. Definitions beginning with the letter "J": [RESERVED]
K. Definitions beginning with the letter "K": [RESERVED]
L. Definitions beginning with the letter "L":
(1)
"Lead agency" means the
agency responsible for administering early intervention services under the
Individuals with Disabilities Education Act (IDEA) Part C. The early childhood
education and care department, family infant toddler (FIT) program, is
designated as the lead agency for IDEA Part C in New Mexico.
(2)
"Local education agency
(LEA)" means the local public school district.
(3)
"Location" means the places
in which early intervention services are delivered.
M. Definitions beginning with the letter "M":
(1)
"Mediation" means a method of dispute resolution that is conducted
by an impartial and neutral third party, who without decision-making authority
will help parties to voluntarily reach an acceptable settlement on issues in
dispute.
(2)
"Medicaid" means the federal medical assistance program under
Title XIX of the Social Security Act. This program provides reimbursement for
some services delivered by early intervention provider agencies to
medicaid-eligible children.
(3)
"Method" means the way in which a specific early intervention
service is delivered. Examples include group and individual services.
(4)
"Multidisciplinary" means
personnel from more than one discipline who work with the child and family, and
who coordinate with other members of the team.
N. Definitions beginning with the letter "N":
(1)
"Native
language" with respect to an individual who is limited English
proficient, means the language normally used by a child or their parent(s) or
mode of communication normally used by a child or their parents. Native
language when used with respect to evaluations and assessments is the language
normally used by the child, if determined developmentally appropriate for the
child by qualified personnel conducting the evaluation or assessment. Native
language, when used with respect to an individual who is deaf or hard of
hearing, blind or visually impaired, or for an individual with no written
language, means the mode of communication that is normally used by the
individual (such as sign language, braille, or oral communication).
(2)
"Natural environments" means
places that are natural or normal for children of the same age who have no
apparent developmental delay, including the home, community and inclusive early
childhood settings. Early intervention services are provided in natural
environments in a manner/method that promotes the use of naturally occurring
learning opportunities and supports the integration of skills and knowledge
into the family's typical daily routine and lifestyle.
O. Definitions beginning with the letter "O":
(1)
"Other
services" means services that the child and family need, and that are
not early intervention services, but should be included in the IFSP. Other
services does not mean routine medical services unless a child needs those
services and the services are not otherwise available or being provided.
Examples include, but are not limited to, child care, play groups, home
visiting, early head start, WIC, etc.
(2)
"Outcome" means a written
statement of changes that the family desires to achieve for their child and
themselves as a result of early intervention services that are documented on
the IFSP.
P. Definitions beginning with the letter "P":
(1)
"Parent(s)" means a
biological or adoptive parent(s) of a child; a guardian; a person acting in the
place of a parent (such as a grandparent or stepparent with whom the child
lives, or a person who is legally responsible for the child's welfare); or a
surrogate parent who has been assigned in accordance with these regulations. A
foster parent may act as a parent under this program if the natural parents'
authority to make the decisions required of parents has been removed under
state law and the foster parent has an ongoing, long-term parental relationship
with the child; is willing to make the decisions required of parents under the
Federal Individual with Disabilities Education Act; and has no interest that
would conflict with the interests of the child.
(2)
"Participating agency" means
any individual, agency, entity, or institution that collects, maintains, or
uses personally identifiable information to implement the requirements of this
rule with respect to a particular child.
(3)
"Permission" means verbal
authorization from the parents to carry out a function and shall be documented.
Documentation of permission does not constitute written consent.
(4)
"Personally identifiable
information" means that information in any form which includes the names
of the child or family members, the child's or family's address, any personal
identifier of the child and family such as a social security number, or a list
of personal characteristics or any other information that would make it
possible to identify the child or the family.
(5)
"Personnel" means qualified
staff and contractors who provide early intervention services, and who have met
state approved or recognized certification or licensing requirements that apply
to the area in which they are conducting evaluations, assessments or providing
early intervention services.
(6)
"Physical/motor development" means the progressive changes to a
child's vision, hearing, gross and fine motor development, quality of movement,
and health status.
(7)
"Primary referral source" means parents, physicians, hospitals and
public health facilities (including prenatal and postnatal care facilities),
child care programs, home visiting providers, schools, local education
agencies, public health care providers, children's medical services, public
agencies and staff in the child welfare system (including child protective
service and foster care), other public health or social services agencies,
early head start, homeless family shelters, domestic violence shelters and
agencies, and other qualified individuals or agencies which have identified a
child as needing evaluation or early intervention services.
(8)
"Prior written notice" means
written notice given to the parents a reasonable time before the early
intervention provider agency, either proposes or refuses to initiate or change
the identification, evaluation, or placement of the child, or the provision of
appropriate early intervention services to the child and the child's family.
Prior notice must contain the action being proposed or refused, the reasons for
taking the action and all procedural safeguards that are available.
(9)
"Procedural safeguards"
means the requirements set forth by IDEA, as amended, which specify families'
rights and protections relating to the provision of early intervention services
and the process for resolving individual complaints related to services for a
child and family.
(10)
"Provider agency" means a provider that meets the requirements
established for early intervention services, and has been certified as a
provider of early intervention services by the early childhood education and
care department and that provides services through a provider agreement with
the department.
(11)
"Public
agency" means the lead agency and any other political subdivision of the
state government that is responsible for providing early intervention services
to eligible children and their families.
Q. Definitions beginning with the letter "Q": [RESERVED]
R. Definitions beginning with the letter "R":
(1)
"Referral" means the process
of informing the FIT program regarding a child who may benefit from early
intervention, and giving basic contact information regarding the
family.
(2)
"Reflective
supervision" means planned time to provide a respectful, understanding
and thoughtful atmosphere where exchanges of information, thoughts, and
feelings about the things that arise around the person's work in supporting
healthy parent-child relationships can occur. The focus is on the families
involved and on the experience of the supervisee.
S. Definitions beginning with the letter "S":
(1)
"School
year" means the period of time between the fall and spring dates
established by each public school district which mark the first and last days
of school for any given year for children ages three through twenty-one years.
These dates are filed each year with the public education department.
(2)
"Scientifically based
practices" means research that involves the application of rigorous,
systematic, and objective procedures to obtain reliable and valid knowledge
relevant to education activities and programs.
(3)
"Screening" means the use of
a standardized instrument to determine if there is an increased concern
regarding the child's development when compared to children of the same age,
and whether a full evaluation would therefore be recommended.
(4)
"Significant atypical
development" means the eligibility determination under developmental
delay made using informed clinical opinion, when twenty-five percent delay
cannot be documented through state approved evaluation tool, but where there is
significant concern regarding the child's development.
(5)
"Social or emotional
development" the developing capacity of the child to: experience,
regulate, and express emotion; form close and secure interpersonal
relationships; explore the environment and learn.
(6)
"State education agency"
means the public education department responsible for administering special
education and related serves under IDEA Part B.
(7)
"Strategies" means the
section of the IFSP that describes how the team, including the parents, will
address each outcome. Strategies shall include the methods and activities
developed by the IFSP team to achieve functional outcomes. Strategies shall
include family routines, times and locations where activities will occur, as
well as accommodations to be made to the environment and assistive technology
to be used. Strategies shall also include how members of the team will work
together to meet the outcomes on the IFSP.
(8)
"Supervision" means defining
and communicating job requirements; counseling, mentoring and coaching for
improved performance; providing job-related instruction; planning, organizing,
and delegating work; evaluating performance; providing corrective and formative
feedback; providing consequences for performance; and arranging the environment
to support performance.
(9)
"Surrogate parent" means the person appointed in accordance with
these regulations to represent the eligible child in the IFSP Process when no
parent can be identified or located, or the child is a ward of the state. A
surrogate parent has all the rights and responsibilities afforded to a parent
under Part C of IDEA.
T. Definitions beginning with the letter "T":
(1)
"Transition" means the
process for a family and eligible child of moving from services provided
through the FIT program at age three. This process includes discussions with,
and training of, parents regarding future placements and other matters related
to the child's transition; procedures to prepare the child for changes in
service delivery, including steps to help the child adjust to and function in a
new setting; and with parental consent, the transmission of information about
the child to a program into which the child might transition to ensure
continuity of services, including evaluation and assessment information
required and copies of IFSPs that have been developed and
implemented.
(2)
"Transition
plan" means a component of the IFSP that addresses the process of a
family and eligible child of moving from one service location to another. The
plan defines the roles, responsibilities, activities and timelines for ensuring
a smooth and effective transition.
U. Definitions beginning with the letter "U": [RESERVED]
V. Definitions beginning with the letter "V": [RESERVED]
W. Definitions beginning with the letter "W": "Ward of the state" means a child who is in foster care or in the custody of the child welfare agency.
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