8 Colo. Code Regs. § 1405-1-5.104

Current through Register Vol. 47, No. 18, September 25, 2024

Section 8 CCR 1405-1-5.104 - EARLY INTERVENTION PROGRAM

This rule is promulgated pursuant to section 26.5-3-403, C.R.S.

The Early Intervention Program shall provide services for an infant or toddler, birth through two (2) years of age, with a developmental delay or disability, and their family through a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services.

A. The Early Intervention Program shall provide services consistent with the following requirements:

1. Sections 26.5-3-401 through 26.5-3-410 of the Colorado Revised Statutes (C.R.S.);

2. Sections 10-16-102(46) and 10-16-104 (1.3), C.R.S.;

3. Section 22-20-103, C.R.S.;

4. The following portions of the United States Code (U.S.C.), as amended:

a.20 U.S.C. Section 1232g, (the Family Education Rights and Privacy Act (FERPA);

b. The Individuals with Disabilities Education Act of 2004 (IDEA);

c.42 U.S.C. Section 1320, (the Public Health Service Act);

d.42 U.S.C. Section 9801 (the Head Start Act);

e.42 U.S.C. Section 11431 (McKinney-Vento Homeless Assistance Act); and

f. The General Education Provisions Act (GEPA) at 20 U.S.C. Sections 1221 through 1234 applies to applicants for new grant awards under the federal Department of Education.

5.34 C.F.R. Parts 99 and 303 (2022), which are incorporated herein by reference; no later amendments or editions are incorporated. These regulations are available for public inspection at the Colorado Department of Early Childhood, Office of Program Delivery, 710 S. Ash St., Denver, CO 80246 or at www.ecfr.gov. Copies of these regulations are available for reasonable cost during normal business hours at the U.S. Department of Education, Office of Special Education and Rehabilitation Services, 400 Maryland Avenue SW, Washington, D.C. 20202; and

6. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule, located at 45 C.F.R. Parts 160, 162, and 164 (2019), herein incorporated by reference; no later amendments or editions are incorporated by reference. These regulations are available for public inspection at the Colorado Department of Early Childhood, Office of Program Delivery, 710 S. Ash St., Denver, CO 80246 or at www.ecfr.gov. Copies of these regulations are available for reasonable cost during normal business hours at the U.S. Department of Health and Human Services, 200 Independence Avenue, SW, Washington, D.C. 20201.

B. The Early Intervention Program shall design services to meet the developmental needs of an eligible infant or toddler and the needs of their family related to functional outcomes to enhance the child's development in the domains of adaptive development, cognitive development, communication development, physical development (including vision and hearing), and social and emotional development.

C. Based on the unique needs of each child, early intervention services shall be delivered through a combination of individualized intervention methods and strategies designed to:

1. Enhance the capacity of a parent or guardian or other caregiver to support a child's well-being, development, and learning;

2. Support full participation of a child in their community; and

3. Meet a child's developmental needs within the context of the concerns and priorities of their family.

D. All available resources that pay for early intervention services shall be identified and coordinated, including, but not limited to, federal, state, local, and private sources.

E. A system for the resolution of intra- and inter-agency disputes shall be used.

F. Formal interagency operating agreements, as needed, shall be developed to facilitate the development and implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services.

G. A statewide system for compiling data on the early intervention services shall be used to comply with state and federal reporting requirements.

8 CCR 1405-1-5.104

46 CR 01, January 10, 2023, effective 1/1/2023

46 CR 06, March 25, 2023, effective 4/14/2023

47 CR 13, July 10, 2024, effective 7/30/2024