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RULE 12 CCR 2509-10




As used in these rules and regulations, unless the context requires otherwise:


"Abuse or child abuse and/or neglect" is defined in Section 19-1-103(1), C.R.S.


"Access to records" means the right for a parent to have the opportunity to inspect, review and obtain copies of records related to evaluation, assessment, eligibility determination, development and implementation of an Individualized Family Service Plan, individual complaints pertaining to the child, and any other relevant information regarding his or her child and family, unless restricted under authority of applicable state law governing such matters of guardianship, separation, or divorce.


"Administrative unit", as defined in Colorado Department of Education rules in 1 CCR 301-8, 2220-R-2.02, means a School District, Board of Cooperative Services, or the State Charter School Institute, that is approved by the Colorado Department of Education and provides educational services to exceptional children.


"Assessment" means the ongoing procedures used throughout the period of eligibility of a child for early intervention services to identify:


A.  The unique strengths and needs of the child and the early intervention services appropriate to meet those needs; and,

B.  The resources, priorities, and concerns of a parent and the early intervention services necessary to enhance the capacity of a parent or other caregiver to meet the developmental needs of the eligible child within everyday routines, activities and places.


"Atypical development" means development or behaviors that fall outside the expected range of development in one or more of the five (5) domains and emerge in a way that is different from same age peers. They are not attributable to culture or personality and are different in quality, form and function.  This can be determined through informed opinion of delay, even when evaluation tools do not establish a 25% delay.


"Certified Early Intervention Service Broker" is defined in Section 27-10.5-702(3), C.R.S.


"Child Abuse Prevention and Treatment Act" (CAPTA) means the CAPTA state grant program provides states with flexible funds to improve their child protective service systems. Reauthorized by the Keeping Children and Families Safe Act of 2003, the program requires states to provide assurances in their five (5) year child and family services plan that the state is operating a statewide child abuse and neglect program. This program includes policies and procedures that address the needs of drug-exposed infants and provisions for referral of children under age three (3) who are involved in a substantiated case of abuse and neglect to early intervention services under IDEA Part C.


"Child Find" means Part C of the Individuals with Disabilities Education Improvement Act of 2004 (P.L. 108-446) (IDEA) as defined in Section 27-10.5-702 and pursuant to Section 22-20-103(4), C.R.S. that ensures that infants and toddlers in the state who are eligible for services under idea, part c, are identified, located and evaluated.


"Child Find program" means the multidisciplinary team within an administrative unit that conducts screening and evaluation activities for young children.


"Children experiencing homelessness" means children who lack a fixed, regular, and adequate nighttime residence, in accordance with the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11431, et seq. and 34 C.F.R. 303.17, which is incorporated by reference as defined in section 7.900, A, 5.


"Coaching" means a relationship-based strategy used by appropriately trained personnel with a family member, other caregiver, or another provider to support what is already working to help a child develop and to increase their knowledge and use of new ideas to achieve child or family outcomes.


"Consent" means that 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 the parent understands and agrees in writing to the carrying out of the activity.


"Co-payment" means a specified dollar amount that an insured person must pay for covered health care services. The insured person pays this amount to the provider at the time of service.


"Criteria" means standards on which a judgment or decision may be based.


"Days" means calendar days unless otherwise indicated.


"Deductible" means the amount that must be paid out-of-pocket before a health insurance company pays its share.


"Developmental delay", when referenced in this document, means a significant delay, defined as the:


A  Equivalence of twenty-five percent (25%) or greater delay in one (1) or more of the five (5) domains of development as defined in Section 7.920, E, 7, a, when compared with chronological age; or,


B.  Presence of atypical development or behavior, as defined in section 7.901; or,


C.  For children born prematurely with gestation less than 37 weeks, the child's adjusted age is used to determine developmental status. Chronological age is used once the child is twenty-four (24) months old.


 "Developmental disability" is defined pursuant to the Colorado Revised Statutes (C.R.S.) Title 27, Article 10.5, Section 102 (11).


"Due process procedures" means formal procedures used to resolve a dispute involving an individual child or parent related to any matter described in 34 C.F.R., Sections 303.435-438, which are incorporated by reference as defined in Section 7.900, A, 5.


"Duration" means the specific and measurable period of time a service is provided, specifying the start and end date.


"Early Head Start" means a program funded under the Head Start Act, pursuant to 42 U.S.C. 9801, incorporated by reference as defined in Section 7.900, A, 4, and carried out by a local agency or grantee that provides ongoing comprehensive child development services for pregnant women, infants, toddlers, and their families.


"Early Intervention Provider Database" means the State database located at that contains information and Community Centered Board affiliation on all early intervention providers, including personnel qualifications. It also serves as the database for the collection of child outcomes data.


"Established condition" for an infant or toddler means a diagnosed physical or mental condition that has a high probability of resulting in significant delays in development and is listed in the Established Conditions Database.


"Established conditions database" means the state database located at that includes the state approved list of established conditions.


"Evaluation" for early intervention services means the procedures used to determine initial and continuing eligibility. Evaluation includes administration of an evaluation tool(s), observation of the child, parent report and a review of pertinent medical records.


"Everyday routines, activities and places" means routines that are customarily a part of families' typical days including, but not limited to: meal time; bath time; shopping; play time; outdoor play; activities a family does with its infant or toddler on a regular basis; and, places where the family participates on a regular basis, such as, but not limited to, home, place of worship, store, and child care.


"Evidence-based practices" mean practices that integrate research that has demonstrated efficacy and with consideration of the situation, goals, and values of the child, family and professionals.


"Evidence-informed strategies" mean methods that use nationally recognized recommended practices to inform the effective delivery of early intervention services.


"Family assessment" means a process using a Department-approved assessment tool and parent interview prior to the development of an initial Individualized Family Service Plan. 


"Family Educational Rights and Privacy Act" (FERPA) means the federal law that protects the privacy of students' "education records" under 20 U.S.C. Section 1232g; 34 C.F.R. Part 99, which is incorporated by reference as defined in Section 7.900, A, 4.  FERPA requirements apply to educational agencies and institutions that receive funds under any program administered by the United States Department of Education.


"Frequency" means how often an early intervention service is provided, for example one time per month or one time per week.


"Guardian" means a person appointed by the court or named in a will and charged with limited, temporary, or full guardian's power and duties, pursuant to Section 15-14-312, C.R.S.


"Health Insurance Portability and Accountability Act (HIPAA)" means the privacy rule that establishes national standards and requirements for electronic health care transactions and protects the privacy and security of individually identifiable health information, which is incorporated by reference as defined in Section 7.900, A, 4.


"Individualized Family Service Plan" (IFSP) means a written plan for providing early intervention services to eligible children and their families, in accordance with 34 C.F.R. Section 303.340, et seq., which is incorporated by reference as defined in section 7.900, A, 5.


"Informed opinion of delay" means the knowledgeable opinion of the evaluation team who use professional expertise and experience to determine the presence of a significant delay in one or more of the five (5) domains of development.  Informed opinion of delay may be used as an independent basis to establish a child's eligibility and may be especially useful in situations where a clear developmental level cannot be gained through the typical evaluation process. Informed opinion may not be used to negate the results of evaluation instruments used to establish eligibility.


"Initial assessment" means the assessment of the child and the family conducted before a child's first Individualized Family Service Plan meeting.


"Intensity" means the length of time that a service is provided each session, for example sixty (60) minutes.


"Mediation" means voluntary procedures used to resolve a dispute involving any matter described in 34 C.F.R. Section 303.430-437, which is incorporated by reference as defined in Section 7.900, A, 5.


"Method" means how an early intervention service is provided. The type of method may be one of the following:


A.   Individual service provided to a child and family;


B.  Co-visit during which services are provided by two professionals during a session;


C.  Teaming through regularly scheduled meetings as the formal time for provider-to-provider information sharing and support in order to develop strategies designed to build the capacity of parents and other caregivers to meet child and family outcomes; or,


D.  Supervision by a qualified provider who oversees the work of a student or paraprofessional through observation and guidance, including direction and evaluation of the activities performed by the supervisee.


"Model" means one of the following constructs in which a child's and family's early intervention services shall be provided:


            A.  Primary service provider; or,


            B.  Multidisciplinary service providers; or,


            C.  Single provider; or,


            D. Other model approved by the state.


"Multidisciplinary evaluation team" means a group that is made up of two (2) or more qualified personnel who have different training and experience.


"Multidisciplinary Service Providers Model" means a model in which two (2) or more qualified providers who have different training and experience provide ongoing services as identified in an Individualized Family Service Plan. In this model the providers work independently of each other with minimal interaction with other team members, and perform interventions separately from others while working on discipline-specific goals.


"Native language", when used with respect to an individual who has limited English proficiency means:


A.  The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided below in "B"; and,


B.  For evaluations and assessments conducted pursuant to section 7.920, E, the language normally used by the child, if determined developmentally appropriate for the child by qualified personnel conducting the evaluation and 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.


"Natural environments" means the day-to-day routines, activities and places that promote learning opportunities for an individual child and family, in settings such as the family's home and community that are natural or typical for the child's peer who have no disabilities.


"Parent", within early intervention services means:


A.  The biological or adoptive parent; or,


B.  A guardian in a parental relation to the child authorized to act as the child's parent or authorized to make early intervention, educational, health or developmental decisions, but not the State if the child is under the jurisdiction of a court; or,


C.  A foster parent; or,


D.  An individual acting in the place of a biological 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,


E.  A surrogate parent who has been appointed in accordance with 34 CFR Section 303.422, incorporated as identified in Section 7.900, A, 5.


"Part C" means Part C of the Individuals with Disabilities Education Improvement Act of 2004 that addresses infants and toddlers, birth through two (2) years of age, with developmental delays or disabilities, or physical or mental conditions with a high probability of resulting in significant delays in development, in accordance with 34 C.F.R. 303, which is incorporated by reference as defined in Section 7.900, A, 5.


"Participating agency" means, as used in early intervention services, any individual, agency, program or entity that collects, maintains, or uses personally identifiable information to implement the requirements and regulations of Part C of the IDEA with respect to a particular child.


A.  This includes:


1.  The Colorado Department of Human Services; and,


2.  Community Centered Boards (CCB) or a Certified Early Intervention Service Broker; and,


3.  Any individual or entity that provides any Part C services, including service coordination, evaluations and assessments, and other Part C services.


B.  This does not include:


1.  Primary referral sources; or,


2.  Public agencies, such as the Medicaid program, private entities, or private health insurance carriers, that act solely as funding sources for early intervention services.


"Personally identifiable information" as used in early intervention services means, but is not limited to:


A.  The infant or toddler's name; or,


B.  The name of the infant or toddler's parent or other family member; or,


C.  The address of the infant or toddler, or their family; or,


D.  A personal identifier, such as a Social Security Number or other biometric record; or,


E.  Other indirect identifiers such as the child's date of birth, place of birth, or mother's maiden name; or,


F.  Other information that, alone or in combination, is linkable to a specific infant or toddler by a person in the early intervention community, who does not have personal knowledge of the relevant circumstances, to identify the infant or toddler with reasonable certainty; or,


G.  Information about a child whose identity is believed by the Early Intervention Program to be known by the requester of that information.


"Physician" means a person licensed to practice medicine under Section 12-36-101, C.R.S., et seq., the Colorado Medical Practice Act.


"Post-referral screening" means the early intervention activities that take place after a child is referred to the Early Intervention Program and the administrative unit to identify infants and toddlers who are in need of more intensive evaluation and assessment in order to determine eligibility due to a developmental delay.


"Primary Service Provider Model" means a model of service delivery that utilizes one main qualified provider from any discipline that is the best fit to address the child and family outcomes as identified in an Individualized Family Service Plan. Other team members support the primary service provider through teaming and may provide co-visits under this model.


"Prior written notice" for early intervention services means written notice that is given to parents a reasonable time before a Community Centered Board or other Certified Early Intervention Service Broker proposes or refuses to initiate or change the identification, evaluation, or placement of the infant or toddler, or the provision of appropriate early intervention services to the child and family.


"Qualified personnel" means personnel who have met the state approved or recognized certification, licensing, registration, or other comparable requirements, to provide evaluations, assessments or early intervention services.


"Referral" for early intervention services means a verbal or written notification from a referral source to the Community Centered Board or administrative unit for the provision of information regarding an infant or toddler, birth through two (2) years of age, in order to identify those who are in need of early intervention services.


"Service coordination" means the activities carried out by a service coordinator to assist and enable a child eligible for early intervention services, and the child's family, to receive the rights, procedural safeguards, and services that are authorized to be provided under Section 7.900, et seq.


"Single Provider Model" means a model of early intervention service provision in which one provider is utilized to meet the child's and family's needs as identified in an Individualized Family Service Plan.


"Surrogate parent" means an individual appointed by the local early intervention services program to act in the place of a parent in safeguarding an infant's or toddler's rights in the decision-making process regarding screening, evaluation, assessment, development of the individualized family service plan, delivery of early intervention services and transition planning.


"State complaint procedures" mean actions taken by the Department to resolve a complaint lodged by an individual or organization regarding any agency or local service provider participating in the delivery of early intervention services that is violating a state or federal requirement.


"Targeted case management services" means those case management services which are provided as a Medicaid benefit for a specific target group of Medicaid recipients who have a developmental disability and who meet the program eligibility criteria identified in the Medical Assistance rules (10 CCR 2505-10) of the Colorado Department of Health Care Policy and Financing.


"Telehealth" means a method of service provision that utilizes secure interactive videoconferencing to deliver early intervention services.


"Waiver Services" means those optional Medicaid services defined in the current federally approved HCBS waiver document and do not include Medicaid State Plan services.

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