20 U.S.C. § 1432 — Definitions

Page 987 TITLE 20—EDUCATION § 1432 106, set out findings and policy, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1431, Pub. L. 91–230, title VI, § 631, Apr. 13, 1970, 84 Stat. 184; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1369; Pub. L. 99–457, title III, § 308, Oct. 8, 1986, 100 Stat. 1165; Pub. L. 100–630, title I, § 104(b), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101–476, title IV, § 401, title IX, § 901(b)(129)–(142), Oct. 30, 1990, 104 Stat. 1129, 1148; Pub. L. 102–119, §§ 9(a), (b), 25(a)(12), (b), Oct. 7, 1991, 105 Stat. 593, 594, 606, 607; Pub. L. 102–421, title II, § 202, Oct. 16, 1992, 106 Stat. 2165; Pub. L. 102–569, title IX, § 912(a), Oct. 29, 1992, 106 Stat. 4486; Pub. L. 103–73, title III, § 302, Aug. 11, 1993, 107 Stat. 736; Pub. L. 103–218, title IV, § 401, Mar. 9, 1994, 108 Stat. 95, related to grants for personnel training, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subchapter effective July 1, 2005, see section 302(a) of Pub. L. 108–446, set out as a note under section 1400 of this title. § 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 devel- opmental delay if early intervention services were not provided to the individual. (2) Council The term ‘‘council’’ means a State inter- agency 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 develop- mental 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 audi- ology 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 diag- nostic 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, in- cluding— (i) special educators; (ii) speech-language pathologists and au- diologists; (iii) occupational therapists; (iv) physical therapists; (v) psychologists; (vi) social workers; (vii) nurses; (viii) registered dietitians; (ix) family therapists; (x) vision specialists, including ophthal- mologists and optometrists; (xi) orientation and mobility specialists; and (xii) pediatricians and other physicians; (G) to the maximum extent appropriate, are provided in natural environments, in- cluding the home, and community settings in which children without disabilities par- ticipate; and (H) are provided in conformity with an in- dividualized 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 dis- ability’’— (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 in- struments and procedures in 1 or more of the areas of cognitive development, phys- ical development, communication develop- ment, social or emotional development, and adaptive development; or (ii) has a diagnosed physical or mental condition that has a high probability of re- sulting in developmental delay; and (B) may also include, at a State’s discre- tion— (i) at-risk infants and toddlers; and (ii) children with disabilities who are eli- gible 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 Page 988 TITLE 20—EDUCATION § 1433 enter, kindergarten or elementary school, as appropriate, provided that any pro- grams under this subchapter serving such children shall include— (I) an educational component that pro- motes school readiness and incorporates pre-literacy, language, and numeracy skills; and (II) a written notification to parents of their rights and responsibilities in deter- mining whether their child will continue to receive services under this subchapter or participate in preschool programs under section 1419 of this title. (Pub. L. 91–230, title VI, § 632, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2744.) Editorial Notes PRIOR PROVISIONS A prior section 1432, Pub. L. 91–230, title VI, § 632, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 106, set out definitions for this subchapter, prior to the general amendment of subchapters I to IV of this chap- ter by Pub. L. 108–446. Another prior section 1432, Pub. L. 91–230, title VI, § 632, Apr. 13, 1970, 84 Stat. 184; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1371; Pub. L. 99–457, title III, § 309, Oct. 8, 1986, 100 Stat. 1168; Pub. L. 100–630, title I, § 104(c), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101–476, title IV, § 402, title IX, § 901(b)(143), Oct. 30, 1990, 104 Stat. 1132, 1148; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to grants to State educational agencies and institutions for traineeships, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1433. General authority The Secretary shall, in accordance with this subchapter, make grants to States (from their allotments under section 1443 of this title) to as- sist each State to maintain and implement a statewide, comprehensive, coordinated, multi- disciplinary, interagency system to provide early intervention services for infants and tod- dlers with disabilities and their families. (Pub. L. 91–230, title VI, § 633, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2746.) Editorial Notes PRIOR PROVISIONS A prior section 1433, Pub. L. 91–230, title VI, § 633, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 108, related to the general authority of the Secretary, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1433, Pub. L. 91–230, title VI, § 633, Apr. 13, 1970, 84 Stat. 184; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1371; Pub. L. 99–457, title III, § 310, Oct. 8, 1986, 100 Stat. 1168; Pub. L. 100–630, title I, § 104(e), Nov. 7, 1988, 102 Stat. 3299; Pub. L. 101–476, title IV, § 403, title IX, § 901(b)(144), Oct. 30, 1990, 104 Stat. 1133, 1149; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to establishment of national clearing- houses, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1434. Eligibility In order to be eligible for a grant under sec- tion 1433 of this title, a State shall provide as- surances to the Secretary that the State— (1) has adopted a policy that appropriate early intervention services are available to all infants and toddlers with disabilities in the State and their families, including Indian in- fants and toddlers with disabilities and their families residing on a reservation geographi- cally located in the State, infants and toddlers with disabilities who are homeless children and their families, and infants and toddlers with disabilities who are wards of the State; and (2) has in effect a statewide system that meets the requirements of section 1435 of this title. (Pub. L. 91–230, title VI, § 634, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2746.) Editorial Notes PRIOR PROVISIONS A prior section 1434, Pub. L. 91–230, title VI, § 634, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 108, related to grant eligibility, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1434, Pub. L. 91–230, title VI, § 634, Apr. 13, 1970, 84 Stat. 185; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1372; Pub. L. 101–476, title IV, § 404, Oct. 30, 1990, 104 Stat. 1135; Pub. L. 102–119, § 9(c)(1), Oct. 7, 1991, 105 Stat. 595, related to reports to Sec- retary by recipients of grants and contracts, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1435. Requirements for statewide system (a) In general A statewide system described in section 1433 of this title shall include, at a minimum, the fol- lowing components: (1) A rigorous definition of the term ‘‘devel- opmental delay’’ that will be used by the State in carrying out programs under this sub- chapter in order to appropriately identify in- fants and toddlers with disabilities that are in need of services under this subchapter. (2) A State policy that is in effect and that ensures that appropriate early intervention services based on scientifically based research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State and infants and toddlers with disabil- ities who are homeless children and their fam- ilies. (3) A timely, comprehensive, multidisci- plinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such an infant or toddler, to assist appropriately in the develop- ment of the infant or toddler. (4) For each infant or toddler with a dis- ability in the State, an individualized family service plan in accordance with section 1436 of this title, including service coordination serv- ices in accordance with such service plan. (5) A comprehensive child find system, con- sistent with subchapter II, including a system for making referrals to service providers that includes timelines and provides for participa- tion by primary referral sources and that en-