05-071-101 Me. Code R. § XI
General Principles: Need for Early Intervention Services
"Early intervention services" means developmental services that are provided under public supervision; 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; are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team in one or more of the following areas, physical development, cognitive development, communication development, social or emotional development or adaptive development; meet the standards of the state in which the services are provided; are provided by qualified personnel; to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and are provided in conformity with an individualized family service plan. [20 USC 1432(4)] Appropriate early intervention services must be based upon scientifically based research.
"Related Services" means special education transportation, and such developmental, corrective, and other related services pursuant to the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1401 (26) and, as defined by the Commissioner, as required to assist children with disabilities to benefit from special education. The term related services does not include a medical device that is surgically implanted, or the replacement of such device. [20 USC 1401(26)]
Related services does not include a medical device that is surgically implanted, the optimization of that device's functioning (e.g., mapping), maintenance of that device, or the replacement of that device. Nothing in the prior paragraph limits the right of a child with a surgically implanted device to receive related services that are determined by the IEP Team to be necessary for the child to receive FAPE, limits the responsibility of an SAU to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or prevents the routine checking of an external component of a surgically implanted device to make sure it is functioning properly. [34 CFR 300.34(b)(2) (i-iii)]
Early Intervention Services B-2 | Related Services 3 to 22 |
Audiology includes: i. Identification of children with auditory impairment, using at risk criteria and appropriate audiologic screening techniques; ii. Determination of the range, nature, and degree of hearing loss and communication functions, by use of audiological evaluation procedures; iii. Referral for medical and other services necessary for the habilitation or rehabilitation of children with auditory impairment; iv. Provision of auditory training, aural rehabilitation, speech reading and listening device orientation and training, and other services; v. Provision of services for prevention of hearing loss; and vi. Determination of the child's need for individual amplification, including selecting, fitting, and dispensing appropriate listening and vibrotactile devices, and evaluating the effectiveness of those devices. | Audiology includes- i. Identification of children with hearing loss; ii. Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing; iii. Provision of habilitative activities, such as language habilitation, auditory training, speech reading (lipreading), hearing evaluation, and speech conservation; iv. Creation and administration of programs for prevention of hearing loss; v. Counseling and guidance of children, parents, and teachers regarding hearing loss; and vi. Determination of children's needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification. |
Family Training and Counseling Family training, counseling, and home visits means services provided, as appropriate, by social workers, psychologist, and other qualified personnel to assist the family of a child eligible under this part in understanding the special needs of the child and enhancing the child's development. | Counseling services means services provided by qualified social workers, psychologists, or other qualified personnel. A licensed clinical professional counselor licensed by the Maine State Board of Counseling Professionals Licensure may provide assessment, consultation, counseling and referral services to children with disabilities and their parents consistent with the laws and regulations governing the practice of professional counseling (32 MRSA Chap. 119). A licensed marriage and family therapist may provide counseling services. Parent counseling and training means assisting parents in understanding the special needs of their child; providing parents with information about child development; and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP or IFSP. |
Health Services. Health services means services necessary to enable a child to benefit from the other early intervention services under this part during the time that the child is receiving the other early intervention services. i. The term includes: a. Such services as clean intermittent catheterization, tracheostomy care, tube feeding, the changing of dressings or colostomy collection bags, and other health services; and b. Consultation by physicians with other service providers concerning the special health care needs of eligible children that will need to be addressed in the course of providing other early intervention services. ii. The term does not include the following: a. Services that are surgical in nature (such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus); purely medical in nature (such as hospitalization for management of congenital heart ailments, or the prescribing of medicine or drugs for any purpose); or related to the implementation, optimization (e.g. mapping), maintenance, or replacement of a medical device that is surgically implanted, including a cochlear implant. Nothing in this part limits the right of an infant or toddler with a disability with a surgically implanted device (e.g. cochlear implant) to receive the early intervention services that are identified in the child's IFSP as being needed to meet the child's developmental outcomes. Nothing in this part prevents the EIS provider from routinely checking that either the hearing aid or the external components of a surgically implanted device (e.g. cochlear implant) of an infant or toddler with a disability are functioning properly;b. Devices (such as heart monitors, respirators, and oxygen, and gastrointestinal feeding tubes and pumps) necessary to control or treat a medical condition. c. Medical-health services (such as immunizations and regular "well- baby" care) that are routinely recommended for all children. | |
Hearing Aids Each public agency (SAU) must ensure that hearing aids worn in school by children with Deafness, including hearing loss are functioning properly. [34 CFR 300.113(a)] Hearing aids will be checked no less than weekly by an individual assigned the responsibility and trained to identify typical malfunctions in hearing aids. | |
Interpreting services, as used with respect to children who are deaf or hard of hearing, includes oral transliteration services, cued language transliteration services, and sign language, transliterator and interpreting services, such as communication access realtime transliteration (CART), C-print, and type service and special interpreting services for children who are deaf/blind. | |
i. An interpreter for a student who is disabled shall be licensed with the Office of Licensing and Registration, Department of Professional and Financial Regulation, (32 MRSA Chap. 22 and accompanying regulations). ii. A cued speech transliterator shall be licensed with the Office of Licensing and Registration, Department of Professional and Financial Regulation, (32 MRSA Chap. 22 and accompanying regulations). | |
Medical Services (only for diagnostic or evaluation purposes) means services provided by a licensed physician to determine a child's developmental status and need for early intervention services. | Medical Services means services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services. Such medical services shall be for diagnostic and evaluation purposes only. |
Vision services means: i. Evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays and abilities that affect early childhood development; ii. Referral for medical or other professional services necessary for the habilitation or rehabilitation or visual functioning disorders, or both; and iii. Communication skills training, orientation and mobility training for all environments, visual training, independent living skills training, and additional training necessary to activate visual motor abilities. Qualified personnel for vision services are vision specialists, including ophthalmologists and optometrists, and teacher of the Blind and Visually Impaired. | Orientation and mobility services means services provided to students who are blind or visually impaired by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in school, home, and community; and includes travel training instruction and teaching students the following, as appropriate: i. Spatial and environmental concepts and use of information received by the senses (such as sound, temperature and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street); ii. To use the long cane to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision; iii. To understand and use remaining vision and distance low vision aids; and iv. Other concepts, techniques, and tools. |
Occupational therapy includes services to address the functional needs of a child related to adaptive development, adaptive behavior and play, and sensory, motor, and postural development. These services are designed to improve the child's functional ability to perform tasks in home, school, and community settings, and include: | Occupational therapy means- i. Services provided by a qualified occupational therapist; and ii. Includes- |
i. Identification, assessment, and intervention; ii. Adaptation of the environment, and selection, design and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; and iii. Prevention or minimization of the impact of initial or future impairment, delay in development, or loss of functional ability. | a. Improving, developing or restoring functions impaired or lost through illness, injury, or deprivation; b. Improving ability to perform tasks for independent functioning if functions are impaired or lost; and c. Preventing, through early intervention, initial or further impairment or loss of function. A licensed occupational therapist may provide occupational therapy The maximum student-therapist caseload, including both consultation and direct services, shall not exceed 50 students per each full-time equivalent provider. Occupational therapy includes improving, developing or restoring functions impaired or lost through illness, injury, or deprivation; improving ability to perform tasks for independent functioning if functions are impaired or lost; and preventing, through early intervention, initial or further impairment or loss of function. Occupational therapy assistants may provide services under the professional supervision of an appropriately licensed therapist as required by the laws and regulations regarding the practice of occupational therapy and physical therapy (32 MRSA Chapters 32 and 45-A and accompanying regulations). |
Physical therapy includes services to address the promotion of sensory-motor function through enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor development, cardiopulmonary status, and effective environmental adaptation. These services include: | Physical therapy means services provided by a qualified physical therapist. A licensed physical therapist may provide physical therapy services The maximum student-therapist caseload, including both consultation and direct services, shall not exceed 50 students per each full-time equivalent provider. |
i. Screening, evaluation and assessment of infants and toddlers to identify movement dysfunction; ii. Obtaining, interpreting and integrating information appropriate to program planning to prevent, alleviate, or compensate for movement dysfunction and related functional problems; and iii. Providing individual and group services or treatment to prevent, alleviate or treatment to prevent, alleviate, or compensate for movement dysfunction and related functional problems. | Physical therapist assistants may provide services under the professional supervision of an appropriately licensed therapist as required by the laws and regulations regarding the practice of occupational therapy and physical therapy (32 MRSA Chapters 32 and 45-A and accompanying regulations). Physical therapy means services provided by a qualified physical therapist. |
Psychological services include: i. Administering psychological and developmental tests and other assessment procedures; ii. Interpreting assessment results; iii. Obtaining, integrating, and interpreting information about child behavior, and child and family conditions related to learning, mental health, and development; and iv. Planning and managing a program of psychological services including psychological counseling for children and parents, family counseling, consultation on child development, parent training, and education programs. | Psychological services includes- i. Administering psychological and educational tests, and other assessment procedures; ii. Interpreting assessment results offering diagnostic impressions; iii. Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning; iv. Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations; v. Planning and managing a program of psychological services, including psychological counseling for children and parents; and vi. Assisting in developing positive behavioral intervention strategies. A certified school psychologist or psychologist licensed by the Board of Examiners of Psychologists may provide consultation services to children, school staff members and parents; evaluation services for children; behavior management including assisting in designing, implementing, evaluation and modifying positive behavioral intervention strategies; and social skills training (including individual or group counseling for children). Psychologists may provide psychotherapy if required by a child with a disability and specified in the child's IEP. A certified school psychologist may offer diagnostic impressions. The Maine Psychological Association (MePA) maintains a register for Neurocognitive Testing Assistants (NTAs). NTAs must be registered and supervised by a psychologist, who is the evaluator, and who is licensed by the Department of Professional and Financial Regulation Board of Examiners of Psychologists. This register is referenced by the Department of Education when special education directors request reimbursement for a student's assessment This registration procedure has been in effect since August, 2001, as a result of a Final Report of the Commissioner of Professional and Financial Regulation to the Joint Standing Committee on Education and Cultural Affairs. The registration requires, as recommended in this Report and required by the Legislative Committee, a minimum of a bachelor's degree in psychology or a related field. The licensed psychologist is fully responsible and liable for the conduct of the NTA. The Report further states that the Department of Education indicated to the Department of Professional and Financial Regulation and to the Board of Examiners of Psychologists that a program of self-regulation, such as a registration program administered by a private organization such as the MePA, would satisfy federal requirements, so long as the minimum qualifications for registration are established and met by the registrants. This provision will remain in effect in this chapter until the Department of Professional and Financial Regulation Board of Examiners of Psychologists completes rulemaking on the neurocognitive assistants. |
Recreation includes assessment of leisure function; therapeutic recreation services; recreation programs in schools and community agencies; and leisure education. | |
Rehabilitation counseling services means services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to a child with disabilities by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended. | |
Nursing services include: i. The assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems; ii. Provision of nursing care to prevent health problems, restore or improve functioning, and promote optimal health and development; and iii. Administration of medications, treatments, and regimens prescribed by a licensed physician. | School health and school nurse services means health services that are designed to enable a child with a disability to receive FAPE as discussed in the child's IEP. School nurse services are provided by a qualified school nurse. School health services are services that may be provided by either a qualified school nurse or other qualified person. |
Social work services include: i. Making home visits to evaluate a child's living conditions and patterns of parent-child interaction; ii. Preparing a social or emotional developmental assessment of the child within the family context; iii. Providing individual and family- group counseling with parents and other family members, and appropriate social skill- building activities with the child and parents; iv. Working with those problems in a child's and family's living situation (home, community, and any center where early intervention services provided) that affect the child's maximum utilization of early intervention services; and v. Identifying, mobilizing, and coordinating community resources and services to enable the child and family to receive maximum benefit from early intervention services. | Social work services includes- i. Preparing a social or developmental history on a child with a disability; ii. Group and individual counseling with the child and family; iii. Working in partnership with parents and others on those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school; iv. Mobilizing school and community resources to enable the child to learn as effectively as possible in his or her educational program; and v. Assisting in developing positive behavioral intervention strategies. A social worker licensed by the Maine Board of Social Worker Licensure may provide social work services including preparing a social or developmental history of a child with a disability; group and individual counseling with the child and family; working with those problems in a child's living situation (home, school, and community) that affect the child's adjustment in school; and mobilizing school and community resources to enable the student to learn as effectively as possible in his or her educational program and assisting in developing positive behavioral interventions and strategies. A social worker licensed by the Maine Board of Social Worker Licensure may provide social work services to children, school staff members, and parents consistent with the laws and regulations governing the practice of social work (32 MRSA Chap. 83 and accompanying regulations). The maximum student-therapist caseload shall not exceed 50 children per each full-time equivalent licensed social worker. |
Assistive Technology | Assistive Technology |
Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of children with disabilities. The term does not include a medical device that is surgically implanted, or the replacement of such device. Assistive technology service means a service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. | Assistive technology device. In general the term assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability. The exception is the term does not include a medical device that is surgically implanted, or the replacement of such device. Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes: |
Assistive technology services include: i. The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment; ii. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities; iii. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; iv. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; v. Training or technical assistance for a child with disabilities or, if appropriate, that child's family; and vi. Training or technical assistance for professionals (including individuals providing early intervention services) or other individuals who provide services to or are otherwise substantially involved in the major life functions of individuals with disabilities. If the IFSP Team determines that an AT device or service is necessary for the provision of services and specifies the AT device or service in the child's IFSP, the SAU is responsible for ensuring the provision of the AT device or service. The use of the purchased AT device(s) in a child's home or other settings is required if the child's IFSP Team determines that the child needs these devices in order for the child to benefit from early intervention services. An Assistive Technology Professional (ATP) must meet the national RESNA ATP Certification and keep the certification current so that the individual is on the Certification Directory. A provider who is already qualified to provide services and consultation on the use of assistive technology in the provider's practice is not required to also have this National Certification. (Such as OT,PT, or Speech) | i. The evaluation of the needs of such child, including a functional evaluation of the child in the child's customary environment; ii. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child; iii. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; iv. Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; v. Training or technical assistance for such child, or where appropriate, the family of such child; and vi. Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of the child. If the IEP Team determines that an assistive technology device or service is necessary for the provision of a Free, Appropriate Public Education and specifies the assistive technology device or service within the children's IEP, the school administrative unit is responsible for ensuring the provision of the assistive technology device or service at no cost to the parents. On a case-by-case basis, the use of school purchased assistive technology devices in a student's home or in other settings is required if the child's IEP Team determines that the child needs access to those devices in order to receive a free appropriate public education. An Assistive Technology Professional (ATP) must meet the national RESNA ATP Certification and keep the certification current so that the individual is on the Certification Directory. A provider who is already qualified to provide services and consultation on the use of assistive technology in the provider's practice is not required to also have this National Certification. (Such as OT,PT, or Speech) |
Speech-language pathology services include: i. Identification of children with communicative or oropharyngeal disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills; ii. Referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communicative or oropharyngeal disorders and delays in development of communication skills; and iii. Provision of services for the habilitation, rehabilitation, or prevention of communicative or oropharyngeal disorders and delays in development of communication skills. Speech and Language Services B-2. Speech and language services may be provided by a speech-language pathologist licensed by the Maine Board of Speech, Audiology and Hearing or speech and language clinician certified by the Department, when recommended by the IFSP Team and included in the child IFSP. The maximum child-therapist caseload, including case management, consultation, and direct services, shall not exceed 50 for each full-time equivalent speech-language pathologist or speech and language clinician. | Speech-language pathology services includes: i. Identification of children with speech or language impairments; ii. Diagnosis and appraisal of specific speech or language impairments; iii. Referral for medical or other professional attention necessary for the habilitation of speech or language impairments; iv. Provision of speech and language services for the habilitation or prevention of communicative impairments; and v. Counseling and guidance of parents, children, and teachers regarding speech and language impairments. A speech-language pathologist licensed by the Maine Board of Speech, Audiology and Hearing, or speech clinician certified by the Department may provide speech and language services if recommended by the IEP Team and included in the child's Individualized Education Program. The maximum child-therapist caseload, including both consultation and direct services, shall not exceed 50 for each full-time equivalent speech-language pathologist or speech clinician. A certified speech clinician may provide speech and language services if employed by an administrative unit. A certified speech clinician shall also be licensed by the Maine Board of Speech, Audiology and Hearing in order to provide contracted speech and language services A speech-language pathology aide or assistant registered with the Board of Speech, Audiology and Hearing may provide speech and language services under the supervision of a licensed speech-language pathologist as required by 32 MRSA Chapter 77 and accompanying regulations relating to the practice of speech-language pathology. |
Transportation and related costs includes the cost of travel (e.g., mileage or travel by taxi, common carrier, or other means) and other costs (e.g., tolls and parking expenses) that are necessary to enable a child eligible under this part and the child's family to receive early intervention services. | Transportation - Special Education Transportation includes: i. Travel to and from school and between schools; ii. Travel in and around school buildings; and iii. Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability. Special education transportation shall be specified by the IEP Team in the child's Individualized Education Program when the Team determines that the transportation is necessary in order for the child with a disability to benefit from an education program. The IEP Team shall determine any modifications and/or adaptations, including the employment of a "transportation aide," that need to be made to the unit's regular transportation services in order to ensure appropriate and accessible transportation services. Pursuant to 20-A MRSA §5401(4) special education students shall be provided transportation as provided by Chapter 301 or to and from classes. 20-A MRSA §7001 (4-B) defines "related services" as special education transportation and such developmental, corrective and other related services, as defined by the Commissioner, as are required to assist children with disabilities to benefit from their special education programs. Therefore, special education transportation in Maine is that which is above and beyond regular transportation described in 20-A MRSA §5401-5402. Transportation for special education for state wards and state agency clients is treated as a related service and included on the child's IEP. Transportation costs for state wards and state agency clients are claimed for subsidy on the EF-S-04B State Agency Client Billing Form. Transportation cost associated with out-of-district special education programs is considered a predicted per pupil transportation cost as defined in 20-A §15672 (22A) and includes an adjustment for out of district special education transportation as reported on the EF-M-43, subsidy for which is governed by 20-A §5205. Transportation - Residential School School administrative units which have placed children with disabilities in residential schools shall provide transportation to these children at the beginning and the end of the school year, on weekends if the school does not provide weekend residential services, and on regularly scheduled vacations and holidays that correspond to the calendar of the residential school. Local administrative units shall provide for additional trips when determined by the IEP Team to be part of the child's Individualized Education Program. In cases where the parents or guardian and the IEP Team determine that there is reason to transport the parents or guardian to the school during the holiday or vacation periods, this arrangement may be made in lieu of transporting the child to his/her residence. If the parents of a child with a disability have been asked and agreed to transport the child to and/or from a residential school, the administrative unit shall reimburse the parents for mileage and necessary travel expenses in accordance with school district employee reimbursement policies and providing that such transportation is at no cost to the parent. Reimbursement to the parents shall be made within 45 days of each trip. If another means of transportation is procured, such as air or bus, the allowable rate shall be the actual cost. Necessary travel expenses (such as tolls, parking, food and lodging) for the student and/or any required adult escort shall also be reimbursed in accordance with school district employee reimbursement policies. |
Nutrition services include: i. Conducting individual assessments in: a. Nutritional history and dietary intake; b. Anthropometric, biochemical, and clinical variables; c. Feeding skills and feeding problems; and d. Food habits and food preferences; ii. Developing and monitoring appropriate plans to address the nutritional needs of children eligible under this part, based on the findings from individual nutritional assessments; and iii. Making referrals to appropriate community resources to carry out nutritional goals. Nutrition services may be provided by registered dieticians. | |
Case management services means the activities carried out by a service coordinator to assist and enable an eligible child and the child's family to receive the services, rights and procedural safeguards authorized to be provided under the State's early intervention program. | The IEP case manager may oversee a child's (age 3 to 22) needs to assure that due process requirements under the federal Individuals with Disabilities Education Act are met. The case manager communicates with SAU staff, parents, the child, and teachers to provide coordination and follow up for the IEP process. |
Sign language and cued language services include teaching sign language, cued language, and auditory/oral language, providing oral transliteration services (such as amplification), and providing sign and cued language interpretation. |
Services provided by a Board Certified Behavior Analyst (BCBA). The BCBA and BCBA-D are independent practitioners who also may work as employees or independent contractors for an organization. The BCBA conducts descriptive and systematic behavioral assessments, including functional analyses, and provides behavior analytic interpretations of the results. The BCBA designs and supervises behavior analytic interventions. The BCBA is able to effectively develop and implement appropriate assessment and intervention methods for use in unfamiliar situations and for a range of cases. The BCBA seeks the consultation of more experienced practitioners when necessary. The BCBA teaches others to carry out ethical and effective behavior analytic interventions based on published research and designs and delivers instruction in behavior analysis. BCBAs supervise the work of Board Certified Assistant Behavior Analysts and others who implement behavior analytic interventions. A BCBA in Maine must meet the national Behavior Analyst Certification Board qualifications. The certification must be provided to his/her employer or when he/she contracts with an organization. A BCBA must keep his/her certificate current to ensure that he/she remains on the Certificate Registry.
05-071 C.M.R. ch. 101, § XI