11 Pa. Stat. § 875-103

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 875-103 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Age of beginners." The minimum age established by the school district board of directors for admission to the district's first grade under 22 Pa. Code § 11.15 (relating to admission of beginners).

"Council." The Interagency Coordinating Council established in section 106.

"Early intervention services." Developmental services which meet all of the following:

(1) Are provided under public supervision.

(2) Are designed to meet the developmental needs of a handicapped infant, toddler or eligible young child in any of the following areas:

(i) Physical development.

(ii) Cognitive development.

(iii) Sensory development.

(iv) Language and speech development or alternative communication development.

(v) Psycho-social development.

(vi) Self-help skills.

(3) Are developed to meet the requirements of this act, including, but not limited to, the following:

(i) Family training.

(ii) Social work services, including counseling and home visits.

(iii) Special instruction.

(iv) Speech pathology and audiology.

(v) Occupational therapy.

(vi) Physical therapy.

(vii) Psychological services.

(viii) Medical services only for diagnostic 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) Assistive technology devices and services.

(xii) For handicapped infants and toddlers, other services required by Part H.

(4) Are provided by qualified personnel, including, but not limited to, special educators, speech and language pathologists and audiologists, occupational therapists, physical therapists, psychologists, social workers, nurses and nutritionists.

(5) Are provided in conformity with an individualized family service plan for eligible infants, toddlers and their families.

(6) Are provided to eligible young children in compliance with the provisions of this act and Part B. Compliance includes procedural safeguards and free appropriate public education, including related services and individualized education programs.

(7) Are provided in the least restrictive environment appropriate to the child's needs. Infants, toddlers and eligible young children who will be served in a non-home-based setting must, to the maximum extent consistent with the child's abilities, receive early intervention services in a setting with nonhandicapped children. Each infant's or toddler's IFSP and each eligible young child's IEP must contain the recommended service option placement and the rationale for why it represents the least restrictive environment.

"Education of the Handicapped Act." The Education of the Handicapped Act ( Public Law 91-230, 20 U.S.C. § 1401 et seq.).

"Eligible young child." A child who is younger than the age of beginners and at least three years of age and who meets any of the following criteria:

(1) The child has any of the following physical or mental disabilities: autism/pervasive developmental disorder, serious emotional disturbance, neurological impairment, deafness/hearing impairment, specific learning disability, mental retardation, multihandicap, other health impairment, physical disability, speech impairment or blindness/visual impairment.

(2) The child is considered to have a developmental delay, as defined by regulations of the State Board of Education and the standards of the Department of Education.

"Handicapped infants and toddlers." Individuals ranging in age from birth to two years of age, inclusive, who need early intervention services for any of the following reasons:

(1) They are experiencing developmental delays, as defined by regulations of the Department of Public Welfare and as measured by appropriate diagnostic instruments and procedures in any of the following areas: cognitive development, sensory development, physical development, language and speech development, psycho-social development or self-help skills.

(2) They have a diagnosed physical or mental condition which has a high probability of resulting in developmental delay under paragraph (1). This paragraph applies to conditions with known etiologies and developmental consequences. Examples of these conditions include Down syndrome; other chromosomal abnormalities; sensory impairments, including vision and hearing; inborn errors of metabolism; microcephaly; severe attachment disorders, including failure to thrive; seizure disorders; and fetal alcohol syndrome.

"Homeless." An individual who lacks a fixed, regular and adequate nighttime residence. The term includes:

(1) Children and youth in any of the following:

(i) Who are sharing the housing of another person due to loss of housing, economic hardship or a similar reason.

(ii) Who are living in a motel, hotel, trailer park or camping grounds due to the lack of alternative adequate accommodations.

(iii) Who are living in an emergency or transitional shelter.

(iv) Who are abandoned in a hospital.

(v) Who are awaiting foster care placement.

(vi) Who have a primary nighttime residence that is a public or a private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.

(vii) Who are living in a car, park, public space, abandoned building, substandard housing, bus or train station or similar setting.

(2) migratory children who qualify as homeless for the purposes of this chapter because the child is living in one of the circumstances in paragraph (1).

"IEP." Individualized Education Program.

"IFSP." Individualized Family Service Plan.

"Lead agency." For early intervention services to eligible children from birth to two years of age, inclusive, the Department of Public Welfare; for early intervention services to eligible young children, the Department of Education.

"Local interagency agreement." An agreement entered into by local agencies receiving early intervention funds directly from the Commonwealth and made under the State interagency agreement providing for the delivery of early intervention services within a specified geographic area.

"Mutually agreed-upon written arrangements." An agreement between the Department of Education and intermediate units, school districts or other public or private agencies that comply with the early intervention regulations of the State Board of Education and early intervention standards of the Department of Education. These agreements may include memoranda of understanding pursuant to approved plans submitted to the Department of Education by intermediate units and school districts.

"Part B." Part B of the Education for the Handicapped Act ( 20 U.S.C. § 1411 et seq.), as it applies to preschool children.

"Part H." Part H of the Education for the Handicapped Act ( 20 U.S.C. § 1471 et seq.).

"State interagency agreement." An agreement entered into by the Department of Education, the Department of Health, the Department of Public Welfare and any other Commonwealth agency for the purposes of this act and of Part B and Part H.

11 P.S. § 875-103

Amended by P.L. TBD 2014 No. 143, § 1, eff. 10/14/2014.

1990, Dec. 19, P.L. 1372, No. 212, § 103.