(1) "Preschool disabilities program" means the special education and related services provided in accordance with Public Law 94-142, as amended;

(2) "Preschool children with disabilities" means children ages three, four, and five whose developmental progress is delayed to the extent that a program of special education is required to ensure their adequate preparation for school-age experiences. This includes four-year-old vision and hearing-impaired children and five-year-old children with disabilities previously included under § 59-21-510. Eligibility must be noncategorical and must provide for children who are experiencing developmental delays in one or more of the following areas: cognitive ability, social ability, emotional ability, perceptual ability, visual ability, hearing ability, motor ability, speech-language ability, and other health impairments.

(3) "State advisory council" means the state advisory council on the Education of Children with Disabilities established in compliance with Public Law 94-142, as amended. The advisory council must be expanded to include permanent representation by state agencies listed in § 59-36-20 that provide services for preschool children with disabilities, ages birth through five, and the Chairperson of the Interagency Coordinating Council (ICC) for P.L. 99-457. Additionally, a subcommittee of the advisory council must be established to address educational programs and services for preschool children with disabilities. The chairperson of the ICC and the advisory council, or their designee; state agencies designated from those listed in § 59-36-20; at least two parents; one representative from daycare programs; one representative from HeadStart; and two local education agency representatives form the committee, all of whom, with the exception of the Chair of the ICC, shall be selected by a majority vote of the advisory council. A staff member from the Department of Education will be assigned to provide assistance to the council and the subcommittee as needed.