As used in this part:

1. (1) "ADE" means the Department of Education, Division of Elementary and Secondary Education, Office of Special Education, the Governor-appointed lead agency for Arkansas's early intervention program under Part C of the IDEA, First Connections;

2. (2) “Adverse agency action” means:

   1. (A) Any enforcement action taken by the Department of Education pursuant to 20 CAR §§ 1002-803 – 1002-807; and
   2. (B) Any other adverse regulatory action or claim covered by the Medicaid Fairness Act, Arkansas Code §§ 20-77-1701 – 1718;

3. (3)

   1. (A)

      1. (i) “Assistive technology and adaptive equipment” means an item or product used to increase, maintain, or improve the functional capabilities of the child.
      2. (ii) "Adaptive equipment" may include off-the-shelf products or items that have been modified to meet the needs of the child with a disability.
   2. (B) “Assistive technology and adaptive equipment” does not mean a device that must be surgically implanted or any therapy equipment typically found in clinics;
4. (4) “Business day” means Monday through Friday, except for any day that is recognized as a holiday by the State of Arkansas;
5. (5) “Calendar day” means the period from midnight to the following midnight, Monday through Sunday, including without limitation holidays and days schools are closed;
6. (6) “Change in ownership” means one (1) or more transactions within a twelve-month period that, in the aggregate, result in a change in greater than fifty percent (50%) of the ownership, financial, or voting interests of a local provider program;
7. (7) “CMDE” means the comprehensive multidisciplinary developmental evaluation of a child that is used to determine the child’s First Connections eligibility and identify the child’s and family’s strengths and needs in all five (5) areas of development and assess the impact of a child’s disability on the child’s participation in typical child and, or, or both family activities;
8. (8) “Conversion plan” means the plan listing the steps, activities, supports, timelines, and individual or individuals responsible for moving an IFSP service back to a child’s natural environment within an IFSP review period of three (3) to six (6) months and is part of the developmental justification of need documented in the child’s electronic record in the state-approved data system;
9. (9) "Delivered services note” means the documentation in the child’s electronic record in the state-approved data system of a service session;
10. (10) “Determination rating” means the annual rating of local provider programs based on their annual performance report (APR) data, results of monitoring and, or, or both any dispute resolution actions, and data completeness and other measures selected by the lead agency to assess if each local provider program is “meeting requirements” of IDEA, Part C or “needs assistance”, “needs substantial assistance”, or “needs intervention” in meeting the requirements of IDEA, Part C;

11. (11)

    1. (A) “Developmental justification of need” means the documentation in a child’s electronic record in the state-approved data system that describes the work done with the child and the child’s parent or other caregivers in the natural environment, modifications done to the approach, activities, strategies, consultation, and coaching within the natural environment and why that work failed to support the child in making progress in achieving IFSP objectives and, or, or both goals linked to that service.
    2. (B) The developmental justification of need cannot be submitted for a service on an initial IFSP or a service newly added to an existing IFSP.
    3. (C) Developmental justification of need must include a conversion plan listing the steps, timeline, activities, supports, and individual or individuals responsible for moving the IFSP services linked to unmet IFSP goals and objectives back to the child’s natural environment within a typical IFSP review period;

12. (12) “Early intervention services” means the seventeen (17) federally identified developmental services outlined in IDEA, Part C that build parent and caregiver capacity to promote their child’s participation, early learning, and development, including:

    1. (A) Assistive technology and adaptive equipment and services;
    2. (B) Audiology services;
    3. (C) Family training, counseling, and home visit services;
    4. (D) Health services;
    5. (E) Medical services including specialized evaluation services;
    6. (F) Nursing services;
    7. (G) Nutrition services;
    8. (H) Occupational therapy evaluations and services;
    9. (I) Physical therapy evaluations and services;
    10. (J) Psychological services;
    11. (K) Service coordination services;
    12. (L) Sign language and cued language services;
    13. (M) Social work services;
    14. (N) Special instruction (developmental therapy service and developmental evaluation);
    15. (O) Speech-language pathology evaluations and services;
    16. (P) Transportation services;
    17. (Q) Vision services;
13. (13) “ECSE” means early childhood and special education services for preschool aged children three to five (3 – 5) under Part B-619 of the IDEA;

14. (14)

    1. (A) “Educational surrogate” means an individual appointed by the Part C coordinator and, or, or both other lead agency representative to serve in the place of parent for purposes of accessing early intervention for a child who is a ward of the state.
    2. (B) The educational surrogate is solely responsible for protecting and representing the child’s rights and interests during the child’s participation in First Connections when there is no other individual who meets the description of “parent” under Part C of the IDEA;
15. (15) “Employee” means an employee or other agent of a local provider program who has direct contact with a child participating in First Connections including without limitation any employee, independent contractor, subcontractor, intern, volunteer, trainee, or agent;
16. (16) “Evaluation interpreter” means an individual qualified to interpret the results of the CMDE at the meeting to determine program eligibility in place of the evaluating therapist and carry out all other duties of an IFSP team member to support the family in completing the initial Child Outcomes Summary (COS) 1-7 Number Rating, determine program eligibility and write the statement of program eligibility, develop child-participation goals for the IFSP and the action steps or developmental sequence of objectives to meet each goal, and select the early intervention service or services necessary to reach the goals and objectives on the IFSP;

17. (17)

    1. (A) “Evaluation report” means a written report to share the results of a child’s evaluation with the family and other IFSP team members that is used to better understand the child’s functional ability and ability to participate in typical child and family activities as well as the child’s strengths and needs and how any documented delays impact the child’s ability to participate in typical child and family activities.
    2. (B) This information supports the IFSP team, which includes the family, in developing appropriate child-participation goals for the IFSP;

18. (18)

    1. (A) “Exceptional family circumstance” means events beyond the control of the family, the local provider program, the First Connections administration, and, or, or both the local educational agency (LEA), including (but not limited to):

       1. (i) The child’s or parent's illness;
       2. (ii) The hospitalization or illness of an immediate family member;
       3. (iii) A natural disaster;
       4. (iv) Parent military deployment; and
       5. (v) The family’s absence from the geographical area in order to participate in the observance of a commemoration including cultural or religious holiday.

    2. (B) The following do not constitute an "exceptional family circumstance":

       1. (i) Delays caused by the failure to obtain a prescription;
       2. (ii) Delay in obtaining copies of existing records;
       3. (iii) Provider shortages; or
       4. (iv) Other administrative issues.
    3. (C) The exceptional circumstance must be documented in the child’s electronic record, and the action that has been delayed by the circumstance must occur as soon as practicable after the exceptional circumstance has been resolved;

19. (19) “Family assessment” means the family-directed assessment performed by a service coordinator conducted via a personal interview to identify:

    1. (A) Family strengths, needs, resources, priorities, and concerns;
    2. (B) The child’s natural environment; and
    3. (C) The typical child and family activities that will assist the family and other IFSP team members in developing the IFSP;

20. (20)

    1. (A) “Family goal” means the statement of the goal or activity the parent, a family member, or other parent-identified caregiver will work on and accomplish.
    2. (B) Every IFSP must have at least one (1) active family goal.
    3. (C) The family goal on the IFSP does not have to be directly related to the program-eligible child with a disability and may be anything the parent determines would improve family life;
21. (21) “FC STANDS” is the current “state-approved data system” used by all First Connections providers in its entirety to ensure the timely and accurate maintenance of child and family early intervention records;
22. (22) “Financial impact statement” means the Department of Education, Office of Special Education, Division of Elementary and Secondary Education form used as part of the documentation reviewed when an individual or entity requests reconsideration of adverse action in compliance with Arkansas Code § 25-15-204(e);

23. (23) “First Connections” means the Department of Education program providing early intervention as defined by Part C of the IDEA that:

    1. (A) Carries out all IDEA general supervision activities to ensure implementation of and adherence to the IDEA requirements, mandates, and guidelines in the statewide network of early intervention;
    2. (B) Plans and carries out all activities and responsibilities of IDEA child find requirements to identify infants and toddlers from birth to thirty-six (36) months of age (and their families) that are suspected of having a developmental delay; and
    3. (C) Ensures the provision of quality early intervention to families of all program eligible infants and toddlers;
24. (24) “First Connections Central Intake Unit” means the unit that processes referrals to First Connections and serves as the single referral point of entry for First Connections;
25. (25) “IDEA” means the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.;

26. (26)

    1. (A) “IFSP” means an individualized family service plan as defined by Part C of the IDEA which is a written and individualized plan developed with the family around their routines, priorities, interests, and concerns.
    2. (B) The IFSP must include a description of the early intervention and other services necessary to meet the developmentally appropriate child-participation goals and objectives on the IFSP, the natural environment location of each IFSP service, the funding source of each service, and the duration, frequency, and intensity of each service necessary to ensure parents and other identified caregivers have the support and skills needed to support their child’s participation, early learning, and development;
27. (27) “LEA” or “local education agency” means the school district, education cooperative, or other State of Arkansas-accredited education agency for the area where a child resides responsible for ECSE services under Part B-619 of the IDEA;
28. (28) “Local provider program” is the EI provider program, organization, or agency approved to provide Part C early intervention services after completion of an application process to be an early intervention provider program or agency;

29. (29)

    1. (A) “Market” or “marketing” means the accurate and honest advertisement of a local provider program or individual service provider that does not also constitute solicitation.

    2. (B) “Marketing” includes without limitation:

       1. (i) Advertising using traditional media;
       2. (ii) Distributing brochures or other informational materials regarding the services offered by the local provider program or individual service provider;
       3. (iii) Conducting tours of the local provider program or individual service provider’s place of practice to interested children and parents;
       4. (iv) Mentioning services offered by the local provider program or individual service provider in which the child or parent might have an interest; and
       5. (v) Hosting informational gatherings during which the services offered by the local provider program or individual service provider are described;
30. (30) “Native language” means the language and primary mode of communication used by an individual;

31. (31)

    1. (A) “Natural environment” means places and the activities in which a same-aged child without a disability would participate in at home and community-based locations that the child and family frequent, such as the family home, parks, libraries, churches, and grocery stores.

    2. (B) “Natural environment” does not mean:

       1. (i) A clinic, hospital, local provider program or individual service provider’s office, early intervention day treatment center (EIDT), or other facility in which the majority of individuals are not typically developing;
       2. (ii) A place in the community that the child and family do not typically frequent or an activity in a commonly frequented location in which the child does not typically participate; or
       3. (iii) Removing a child from peers, family, or familiar people and the typical activities and interactions occurring in that setting to provide early intervention services in an isolated setting or room;

32. (32)

    1. (A) “Notice of meeting outcome” means a written notice that summarizes what took place in a meeting that is sent to the parent as soon as possible after each meeting.
    2. (B) The notice of meeting outcome must include the names and roles of each person who participated in the meeting, outline next steps to be taken as a result of that meeting, information about the parent's right to disagree, and how to access dispute resolution options.
    3. (C) Each notice of meeting outcome must be documented in the child’s electronic record;

33. (33) “Parent” means one (1) of the following individuals who is responsible for protecting and representing the child’s rights and interests during their participation in First Connections:

    1. (A) A natural, adoptive, or foster parent;
    2. (B) A legal guardian;
    3. (C) A relative or other family member with whom the child lives acting in the place of a parent;
    4. (D) An individual legally responsible for the child’s welfare; or
    5. (E) An educational surrogate appointed by the Part C coordinator and, or, or both other lead agency representative when the child is a ward of the state and there is no other individual with whom the child lives who can serve as parent;
34. (34) “Parental consent” means the parent's informed approval of a proposed activity documented in writing on a state-approved form;
35. (35) “Part C funds” means the federal grant funds available to First Connections which may be used to administer, monitor, and carry out all activities and responsibilities under Part C of the IDEA, including without limitation payments to a local provider program or individual service providers for the delivery of those early intervention services included on a child’s IFSP;

36. (36)

    1. (A) “PASSE” means Provider-led Arkansas Shared Savings Entity).
    2. (B) A child enrolled with and receiving Tier II or Tier III services through a PASSE is not eligible to participate in First Connections, have an IFSP developed, receive an IFSP service, or access and, or, or both utilize Part C federal funding;
37. (37) “Payor of last resort” means that all other federal, state, and local funding options for an early intervention service on a current IFSP have been determined unable to fund an early intervention service and with that documentation, Part C federal funds may be used when no other pay source exists;

38. (38) “Personally identifiable information” means any information, written or otherwise, that would make a child or family member’s identity easily traceable including without limitation:

    1. (A) The name of a child, parent, or other family member;
    2. (B) The address of a child, parent, or other family member;
    3. (C) A personal identifier number such as a Social Security or Medicaid identification number;
    4. (D) Photographic images of a child, parent, or family member; and
    5. (E) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty;

39. (39) “Prior written notice” means delivery of written notice to the parent in their native language and in language that is understandable to the general public at least seven (7) calendar days in advance of an action, proposed action, or refusal to act, which must include without limitation:

    1. (A) The proposed action, reason for the action, and individuals involved;
    2. (B) The action taken, a summary of the action taken, and reason for taking the action;
    3. (C) The action not taken and explanation of the reason why the action was not taken;
    4. (D) All applicable dispute resolution and appeal rights, or instructions on where to find all applicable dispute resolution options; and
    5. (E) Any applicable procedures and timelines for exercising dispute resolution and, or, or both appeal rights, or where to find any applicable procedures and timelines for exercising dispute resolution or appeal rights;
40. (40) “Service and county form” is the process and documentation used by local provider programs to identify which of the 17 Part C early intervention services the local provider program will provide and in which county or counties the local provider program will provide each service they are certified to provide;
41. (41) “Service coordinator” means an early intervention professional certified by First Connections to perform service coordination services as outlined in Part C of the IDEA;
42. (42) “Service provider” means an individual meeting all state licensing or credentialling requirements and has been certified by First Connections to provide one (1) or more early intervention services to the family or other caregiver of a program-eligible child participating in First Connections; and

43. (43)

    1. (A) “Solicit” or “solicitation” means the initiation of contact with a child or their family by a local provider program and, or, or both an EI service provider, when the child is currently receiving IFSP services from another local provider program and, or, or both EI service provider, with the purpose of persuading the child or parent to switch to or otherwise use the services of the local provider program.

    2. (B) “Solicit” or “solicitation” includes without limitation inducing a child or their family by:

       1. (i) Contacting the family of a child who is currently receiving services from another local provider program or individual service provider;
       2. (ii) Offering cash or gift incentives to a child or their family;
       3. (iii) Offering free goods or services not available to other similarly situated children or their families;
       4. (iv) Making negative comments to a child or their family regarding the quality of services performed by another local provider program or individual service provider;
       5. (v) Promising to provide services in excess of what is necessary to reach the goals and objectives on a current IFSP;
       6. (vi) Giving a child or their family the false impression, directly or indirectly, that the local provider program is the only local provider program that can perform the services desired by the child or their family;
       7. (vii) Engaging in any activity that the Department of Education reasonably determines to be solicitation; or
       8. (viii) Collaborating with a childcare program in such a way that limits parent choice of provider or a child’s ability to work with their current provider in their childcare setting.

Codification Notes: Part B-619 of the Individuals with Disabilities Education Act is codified at 20 USC § 1419. Part C of the Individuals with Disabilities Education Act (IDEA) is codified at 20 U.S.C. § 1431 et seq. "EI" means early intervention.