For purposes of this chapter:

(1) “Collaborating agencies” means the Department of Health and Social Services, Department of Education, and Department of Services for Children, Youth and Their Families.

(2) “Department” means the Department of Education.

(3) “Developmental delay” means a significant delay in 1 or more of the following developmental domains:

a. Cognition.

b. Communication, expressive or receptive.

c. Physical, including hearing or vision.

d. Social emotional functioning.

e. Adaptive behavior.

(4) “Early intervention service” means a service that meets all of the following:

a. Is provided under public supervision.

b. Is provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees.

c. Is designed to meet the developmental needs of each eligible child with a developmental delay and the needs of the family related to enhancing the development of their child.

d. Meets all applicable federal and state standards.

e. Is provided by an early intervention service provider.

f. Is provided in conformity with an individualized family service plan adopted under § 3107A of this title and are selected in collaboration with the parent or guardian.

g. Are provided, to the maximum extent appropriate, in natural environments including the home and community settings in which children without disabilities participate.

h. Includes any of the following:

1. Family training.

2. Special instruction.

3. Speech language pathology and audiology.

4. Occupational therapy.

5. Physical therapy.

6. Psychological services.

7. Service coordination services.

8. Medical services, but only for diagnostic or evaluation purposes.

9. Early identification, screening, evaluation, and assessment services.

10. Health services specified by the lead agency as necessary to enable an eligible child to benefit from the other early intervention services.

11. Social work services, including counseling.

12. Vision services.

13. Assistive technology devices and services.

14. Transportation and related costs that are necessary to enable an eligible child or family to receive another service under this paragraph (4)h.

15. Nursing services.

16. Nutrition services.

17. Sign language or cued language services.

18. Other supportive services identified by the Department through regulation.

(5) “Early intervention service provider” means an individual who has the professional qualifications to provide an early intervention service as established by the lead agency under this chapter.

(6) “Eligible child with a disability” or “eligible child” means an individual from birth through 35 months of age and any of the following apply:

a. The child has a significant developmental delay, as measured by appropriate diagnostic instruments and procedures, including informed clinical opinion, in 1 or more of the following domains:

1. Cognitive development.

2. Physical development, including vision or hearing.

3. Communication development.

4. Social or emotional development.

5. Adaptive development.

b. The child is diagnosed with a physical or mental condition which has a high probability of resulting in developmental delay and the condition requires 1 or more of the services under paragraph (4)h. of this section.

(7) “Federal infants and toddlers program” or “IDEA” means the program established for infants and toddlers with disabilities under Part C of the Individuals with Disabilities Education Act, 20 U.S.C. § 1431 et seq.

(8) “Individualized family service plan” or “IFSP” means a written plan for providing early intervention services to an eligible child with a disability and the child’s family under § 3107A of this title.

(9) “Infant or toddler” or “child” means an individual from birth through 35 months of age.

(10) “Informed clinical opinion” means both clinical observations and parental participation to determine eligibility by a consensus of a multidisciplinary team of 2 or more members based on the team members’ professional experience and expertise.

(11) “Lead agency” means the state agency responsible for administering this chapter and receiving and disbursing public funds received in accordance with state and federal law and rules.

(12) “Service coordination” means a flexible process of interaction facilitated by a service coordinator to assist the family of an eligible child with a disability within a community to identify and meet the child’s needs. Service coordination must not duplicate any case management services which an eligible child with a disability or the child’s family are already receiving or eligible to receive from another source.

71 Del. Laws, c. 286, § ?4; 83 Del. Laws, c. 213, § 2;