§ 1432. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1432]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER III--INFANTS AND TODDLERS WITH DISABILITIES
Sec. 1432. Definitions
As used in this subchapter:
(1) At-risk infant or toddler
The term ``at-risk infant or toddler'' means an individual under
3 years of age who would be at risk of experiencing a substantial
developmental delay if early intervention services were not provided
to the individual.
(2) Council
The term ``council'' means a State interagency coordinating
council established under section 1441 of this title.
(3) Developmental delay
The term ``developmental delay'', when used with respect to an
individual residing in a State, has the meaning given such term by
the State under section 1435(a)(1) of this title.
(4) Early intervention services
The term ``early intervention services'' means developmental
services that--
(A) are provided under public supervision;
(B) 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;
(C) are designed to meet the developmental needs of an
infant or toddler with a disability in any one or more of the
following areas--
(i) physical development;
(ii) cognitive development;
(iii) communication development;
(iv) social or emotional development; or
(v) adaptive development;
(D) meet the standards of the State in which they are
provided, including the requirements of this subchapter;
(E) include--
(i) family training, counseling, and home visits;
(ii) special instruction;
(iii) speech-language pathology and audiology services;
(iv) occupational therapy;
(v) physical therapy;
(vi) psychological services;
(vii) service coordination services;
(viii) medical services only for diagnostic or
evaluation purposes;
(ix) early identification, screening, and assessment
services;
(x) health services necessary to enable the infant or
toddler to benefit from the other early intervention
services;
(xi) social work services;
(xii) vision services;
(xiii) assistive technology devices and assistive
technology services; and
(xiv) transportation and related costs that are
necessary to enable an infant or toddler and the infant's or
toddler's family to receive another service described in
this paragraph;
(F) are provided by qualified personnel, including--
(i) special educators;
(ii) speech-language pathologists and audiologists;
(iii) occupational therapists;
(iv) physical therapists;
(v) psychologists;
(vi) social workers;
(vii) nurses;
(viii) nutritionists;
(ix) family therapists;
(x) orientation and mobility specialists; and
(xi) pediatricians and other physicians;
(G) to the maximum extent appropriate, are provided in
natural environments, including the home, and community settings
in which children without disabilities participate; and
(H) are provided in conformity with an individualized family
service plan adopted in accordance with section 1436 of this
title.
(5) Infant or toddler with a disability
The term ``infant or toddler with a disability''--
(A) means an individual under 3 years of age who needs early
intervention services because the individual--
(i) is experiencing developmental delays, as measured by
appropriate diagnostic instruments and procedures in one or
more of the areas of cognitive development, physical
development, communication development, social or emotional
development, and adaptive development; or
(ii) has a diagnosed physical or mental condition which
has a high probability of resulting in developmental delay;
and
(B) may also include, at a State's discretion, at-risk
infants and toddlers.
(Pub. L. 91-230, title VI, Sec. 632, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 106.)
Prior Provisions
A prior section 1432, Pub. L. 91-230, title VI, Sec. 632, Apr. 13,
1970, 84 Stat. 184; Pub. L. 98-199, Secs. 3(b), 11, Dec. 2, 1983, 97
Stat. 1358, 1371; Pub. L. 99-457, title III, Sec. 309, Oct. 8, 1986, 100
Stat. 1168; Pub. L. 100-630, title I, Sec. 104(c), Nov. 7, 1988, 102
Stat. 3298; Pub. L. 101-476, title IV, Sec. 402, title IX,
Sec. 901(b)(143), Oct. 30, 1990, 104 Stat. 1132, 1148; Pub. L. 102-119,
Sec. 25(b), Oct. 7, 1991, 105 Stat. 607, related to grants to State
educational agencies and institutions for traineeships, prior to the
general amendment of subchapters I to IV of this chapter by Pub. L. 105-
17.
Section Referred to in Other Sections
This section is referred to in sections 1401, 1418 of this title;
title 42 section 9832.
