902 KAR 30:001 - Definitions for 902 KAR Chapter 30
RELATES TO: KRS 200.650-200.676, 20 U.S.C. Chapter 33, 34 C.F.R. Part 303
NECESSITY, FUNCTION, AND CONFORMITY: KRS 200.660 requires the Cabinet for Health and Family Services to administer all funds appropriated to implement provisions, to enter into contracts with service providers, and to promulgate administrative regulations necessary to implement KRS 200.650 to 200.676. This administrative regulation establishes the definitions for 902 KAR Chapter 30 pertaining to First Steps, Kentucky's Early Intervention Program.
Section 1. Definitions.
(1) "Ability to pay" means a family has an
income at 200 percent of the poverty level or above.
(2) "Assessment" means the ongoing procedures
used by appropriate qualified service providers throughout the child's period
of eligibility in First Steps to identify:
(a)
The child's unique strengths and needs and the services appropriate to meet
those needs;
(b) The resources,
priorities, and concerns of the family; and
(c) The supports and services necessary to
enhance the family's capacity to meet the developmental needs of the family's
infant or toddler with a disability.
(3) "Assistive technology device" means any
item, piece of equipment, or product system:
(a) Whether acquired commercially off the
shelf, modified, or customized;
(b)
That is used to:
1. Increase, maintain, or
improve the functional capabilities of a child with a disability; and
2. Implement the individualized family
service plan; and
(c)
Except for a medical device that is surgically implanted, including a cochlear
implant, or the optimization (e.g. mapping), maintenance, or replacement of
that device.
(4)
"Assistive Technology Service" means a service that directly assists the child
with a disability in the selection, acquisition, or use of an assistive
technology device in accordance with
20
U.S.C. 1401(2).
(5) "Cabinet-approved criterion referenced
instrument" means any of the three (3) assessments, incorporated by reference
in
902 KAR
30:120, used to assess children from birth to three
(3) years of age.
(6)
"Cabinet-approved screening protocol" means a screening protocol that is:
(a) Designed to evaluate the developmental
status of children; and
(b) Used by
the cabinet.
(7) "Child
find" is defined by
KRS
200.654(3).
(8) "Consent" is defined by
34
C.F.R. 303.7.
(9) "Destruction" means the physical
destruction of the record or ensuring that personal identifiers are removed so
that the record is no longer personally identifiable under
34 C.F.R.
303.29.
(10) "Direct supervision" means the
continuous, on-site observation and guidance as activities are implemented with
children and families.
(11)
"District Early Intervention Committee" or "DEIC" is defined by
KRS
200.654(6).
(12) "Early intervention record" means all
records, electronic and hard copy, regarding a child that are required to be
collected, maintained, or used under part C of the Individuals with
Disabilities Education Act,
20 U.S.C.
1400-1482,
and
902
KAR Chapter 30.
(13) "Early
intervention service provider" is defined by
34 C.F.R.
303.12.
(15) "Established risk" means a diagnosed
physical or mental condition that has a high probability of resulting in a
developmental delay.
(16)
"Evaluation" means the use of procedures to determine eligibility for First
Steps services in accordance with
902 KAR
30:120.
(17) "Extraordinary family expenses" means
those out of pocket expenses, including purchases, medical care cost, and home
or automobile modifications to accommodate the needs related to the eligible
child's disability and to other family members with a disability, except for
medical services for other family members without a disability.
(18) "Family-centered" means practices that:
(a) Are driven by the family's priorities and
concerns;
(b) Support the family's
role as the constant in a child's life;
(c) Complement a family's natural activity
settings and daily routines; and
(d) Support, respect, encourage, and enhance
the strengths, competence, and confidence of the family.
(19) "First Steps" means Kentucky's early
intervention system, which is defined by
KRS
200.654(8).
(20) "First Steps data management system"
means the online data system that consists of each child's early intervention
record and financial management data.
(21) "Homeless child" means a child who meets
the federal definition of homeless children and youths established in
42
U.S.C. 11434a(2).
(22) "Inability to pay" means a family's
income is below 200 percent of the poverty level.
(23) "Indirect supervision" means the
regular, periodic, on-site observation and guidance as activities are
implemented with children and families.
(24) "Individualized family service plan" or
"IFSP" means an individual family service plan as defined by
34 C.F.R.
303.340.
(25) "Initial assessment" means the
assessment of the child and family assessment conducted prior to the child's
first IFSP meeting.
(26) "Kentucky
Early Childhood Data System" or "KEDS" means the internet based data collection
system to provide data for analysis to determine the degree to which Kentucky's
children are meeting the major child outcomes and learning standards required
by the Office of Special Education Programs (OSEP) in the United States
Department of Education and the state early childhood standards.
(27) "Multidisciplinary team" is defined by
34 C.F.R.
303.24
(28) "Natural environments" is defined by
34 C.F.R.
303.26.
(29) "Parent" means:
(a) A natural, adoptive, or foster parent of
a child;
(b) A guardian, except for
the state if the child is a ward of the state;
(c) An individual acting in the place of a
natural or adoptive parent including a grandparent, stepparent, or other
relative with whom the child lives, or an individual who is legally responsible
for the child's welfare; or
(d) An
individual assigned as a surrogate parent pursuant to
20 U.S.C.
1439(a)(5).
(30) "Part C Coordinator" means the
individual designated by the cabinet to be Kentucky's liaison with the federal
Department of Education, Office of Special Education Programs (OSEP), to
oversee the state's implementation of the early intervention system.
(31) "Participating provider or agency" is
defined by
34
C.F.R. 303.403(c).
(32) "Period of eligibility" means the time
from referral to First Steps to termination of services due to:
(a) Failure to meet initial program
eligibility requirements;
(b)
Attainment of age three (3);
(c)
Documented refusal of service by the child's parent or legal guardian,
inclusive of disappearance; or
(d)
Change of residence to another state.
(33) "Personally identifiable" means
information that contains:
(a) The name of
the child, the child's parent, or other family member;
(b) The address of the child;
(c) A personal identifier, such as the
child's social security number or TOTS number; or
(d) A list of personal characteristics or
other information that would make it possible to identify the child with
reasonable certainty.
(34) "Point of entry" or "POE" is defined by
KRS
200.654(12).
(35) "Prematurity" means a gestational age,
at birth, of less than thirty-seven (37) weeks.
(37) "Primary service provider" means a
professional who is a member of the IFSP team and is selected by the parent as
the team lead to provide regular support to the family.
(38) "Qualified service provider" means a
provider who meets the qualifications listed in
902 KAR
30:150.
(39) "Record review team" means a group of
early intervention experts representing each discipline of early intervention
providers as listed in
902 KAR
30:150, Section 2(1)(a)-(r), who are utilized by the
state lead agency to review complex cases for eligibility and service
provision, and make recommendations to IFSP teams.
(40) "Referral" means a child identified
between birth and three (3) years of age who is:
(a) A Kentucky resident or a homeless child
within the boundaries of the Commonwealth; and
(b) Suspected of having an established risk
diagnosis or a developmental delay.
(41) "State Lead Agency" means the designated
staff in the Department for Public Health who are responsible for implementing
the First Steps Program in accordance with
34
C.F.R. 303.22, 20 U.S.C. Chapter 33, and
KRS 200.650
to
200.676.
(42) "Ward of the state" means a child
declared by a circuit court judge to be a ward of the state pursuant to
KRS
625.043(2) or
625.100(2).
Notes
STATUTORY AUTHORITY: KRS 194A.050, 200.660(8)
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