(a) The Department adopts this Chapter to govern: - (i) The eligibility of infants and toddlers for the Part C Early Intervention Program, and
- (ii) The implementation and maintenance of a region-wide, comprehensive, coordinated, multidisciplinary, interagency system to provide Part C early intervention services for families and their infant or toddler who has been identified as having developmental delays.
(b) This program shall be governed consistent with 34 C.F.R. Part 303.
(c) The Department may issue manuals, bulletins, or both, to interpret the provision of this Chapter. Such manuals and bulletins shall be consistent with and reflect the policies contained in this Chapter. The provisions contained in manuals or bulletins shall be subordinate to the provisions of this Chapter.
(d) Incorporation by reference. - (i) For any code, standard, rule, or regulation incorporated by reference in these rules;
- (A) The Department has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;
- (B) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (ii) of this section; and
- (C) The incorporated code, standard, rule, or regulation is maintained at the Behavioral Health Division and is available for public inspection. Copies are available from the Division at the cost of the person requesting the copy.
- (ii) Each code, standard, rule, or regulation incorporated by reference is further identified as follows:
- (A) 34 C.F.R. Part 303, which is referenced throughout these rules and serves as the United States Department of Education's rules governing early intervention programs for infants and toddlers with disabilities and. Copies are available at the Division's website: http://www.health.wyo.gov/behavioralhealth/dd/earlyedu/.
- (B) Rules, Office of Administrative Hearings, General Agency, Board or Commission Rules, Chapter 2 (2017), which are referred to in Section 9 as the "OAH Contested Case Rules" and are publically available at: http://rules.wyo.gov.
(e) The Division may recover funds from an Early Intervention Service Provider for services to any infant or toddler erroneously classified and reported to the Division as an infant or toddler with a developmental delay.