Sec. 3. (a) As used in this chapter, “early intervention services” means developmental services that meet the following conditions:

(1) Are provided under public supervision.

(2) Are selected in collaboration with the parents.

(3) Are provided at no cost, except when federal or state law provides for a system of payments by the families, including a sliding fee schedule.

(4) Are designed to meet the:

(A) developmental needs of infants and toddlers with disabilities in at least one (1) of the areas specified in section 4(a)(1) of this chapter; and

(B) needs of the family to assist appropriately the development of the infant or toddler as identified by the individualized family service plan adopted in accordance with 20 U.S.C. § 1436.

(5) Meet all required state and federal standards.

(6) Are provided by qualified personnel, including the following:

(A) Early childhood special educators, early childhood educators, and special educators, including teachers of children with:

(i) hearing impairments, including deafness; and

(ii) vision impairments, including blindness.

(B) Speech and language pathologists and audiologists.

(C) Occupational therapists.

(D) Physical therapists.

(E) Psychologists.

(F) Social workers.

(G) Nurses.

(H) Nutritionists.

(I) Family therapists.

(J) Orientation and mobility specialists.

(K) Pediatricians and other physicians for diagnostic and evaluation purposes.

(L) Registered dieticians.

(M) Vision specialists, including ophthalmologists and optometrists.

(7) To the maximum extent appropriate, are provided in natural environments, including the home and community settings in which children without disabilities participate.

(8) Are provided in conformity with an individualized family service plan adopted in accordance with 20 U.S.C. § 1436.

     (b) The term includes the following services:

(1) Family training, counseling, and home visits.

(2) Special instruction.

(3) Speech and language pathology, audiology, and sign language and cued language services.

(4) Occupational therapy.

(5) Physical therapy.

(6) Psychological services.

(7) Service coordination services.

(8) Medical services only for diagnostic, evaluation, or consultation purposes.

(9) Early identification, screening, and assessment services.

(10) Other health services necessary for an infant or a toddler to benefit from the services.

(11) Vision services.

(12) Supportive technology services.

(13) Transportation and related costs that are necessary to enable an infant or a toddler and the infant’s or toddler’s family to receive early intervention services.

(14) Habilitative services that are necessary to enable an infant or toddler to keep, learn, improve, or recover skills and functioning for daily living, including skills and functioning affected by a developmental delay.

(15) Assistive technology devices and services.

(16) Nursing services.

(17) Nutrition services.

(18) Social work services.

     (c) This section does not provide an exhaustive list of the services that may constitute early intervention services or the qualified personnel that may provide early intervention services. Nothing in this section prohibits an individualized family service plan from including another type of:

(1) service as an early intervention service if the service meets the criteria set forth in subsection (a); or

(2) personnel that may provide early intervention services as long as the personnel meet the requirements of 34 C.F.R. § 303.31.

As added by P.L.93-2006, SEC.11. Amended by P.L.210-2015, SEC.26; P.L.9-2020, SEC.4; P.L.111-2020, SEC.2.