(a) As used in this
part-
(1) Appropriate professional
requirements in the State means entry level requirements that-
(i) Are based on the highest requirements in
the State applicable to the profession or discipline in which a person is
providing early intervention services; and
(ii) Establish suitable qualifications for
personnel providing early intervention services under this part to eligible
children and their families who are served by State, local, and private
agencies.
(2) Highest
requirements in the State applicable to a specific profession or discipline
means the highest. entry-level academic degree needed for any State approved or
recognized certification, licensing, registration, or other comparable
requirements that apply to that profession or discipline.
(3) Profession or discipline means a specific
occupational category that-
(i) Provides
early intervention services to children eligible under this part and their
families;
(ii) Has been established
or designated by the State; and
(iii) Has a required scope of responsibility
and degree of supervision.
(4) State approved or recognized
certification, licensing, registration, or other comparable requirements means
the requirements that a State legislature either has enacted or has authorized
a State agency to promulgate through rules to establish the entry-level
standards for employment in a specific profession or discipline in that
State.
(b)
(1) Each statewide system must have policies
and procedures relating to the establishment and maintenance of standards to
ensure that personnel necessary to carry out the purposes of this part are
appropriately and adequately prepared and trained.
(2) The policies and procedures required in
paragraph (b)(1) of this section must provide for the establishment and
maintenance of standards that are consistent with any State-approved or
State-recognized certification, licensing, registration, or other comparable
requirements that apply to the profession or discipline in which a person is
providing early intervention services.
(c) To the extent that a State's standards
for a profession or discipline, including standards for temporary or emergency
certification, are not based on the highest requirements in the State
applicable to a specific profession or discipline, the State's application for
assistance under this part must include the steps the States is taking, the
procedures for notifying public agencies and personnel of those steps, and the
timelines it has established for the retraining or hiring of personnal that
meet appropriate professional requirements in the State.
(d)
(1) In
meeting the requirements in paragraphs (b) and (c) of this section, a
determination must be made about the status of personnal standards in the
State. That determination must be based on current information that accurately
describes, for each profession or discipline in which personnel are providing
early intervention services, whether the applicable standards are consistent
with the highest requirements in the State for that profession or
discipline.
(2) The information
required in paragraph (d)(1) of this section must be on file in the lead
agency, and available to the public.
(e) In identifying the "highest requirements
in the State" for purposes of this section, the requirements of all State
statutes and the rules of all State agencies applicable to serving children
eligible under this part and their families must be considered.
(f) A State may allow paraprofessionals and
assistants who are appropriately trained and supervised, in accordance with
State law, regulations,. or written policy, to assist in the provision of early
intervention services to eligible children under this part.
(g) In implementing this section, a State may
adopt a policy that includes making ongoing good-faith efforts to recruit and
hire appropriately and adequately trained personnel to provide early
intervention services to eligible children, including, in a geographic area of
the State where there is a shortage of personnel that meet these
qualifications, the most qualified individuals available who are making
satisfactory progress toward completing applicable course work necessary to
meet the standards described in paragraph (b)(2) of this section, consistent
with State law, with in 3 years.