| (a) In conducting a DID, an authorized provider employed
by or contracting with a LIDDA or SSLC must:
(1) adhere to the Determination of Intellectual Disability
(DID): Best Practice Guidelines, available on the HHSC website;
(2) interview and observe the individual in-person
or in real time using audio-visual technology; and
(3) perform a diagnostic assessment that, at a minimum,
includes:
(A) a standardized measure of the individual's intellectual
functioning using an appropriate test based on the characteristics
of the individual;
(B) a standardized measure of the individual's adaptive
abilities and deficits reported as the individual's ABL;
(C) a review of evidence supporting the origination
of ID during the individual's developmental period, which includes
but is not limited to, as available:
(i) reports concerning the cause of the suspected ID;
(ii) results of all relevant assessments;
(iii) types of services the individual has received
or is receiving;
(iv) reports by other people, including the individual's
family members and friends; and
(v) educational records; and
(D) a review of the individual's previous and current
psychological and psychiatric treatments and diagnoses, as available.
(b) An authorized provider employed by or contracting
with a LIDDA or SSLC must conduct the interview and assessment described
in subsection (a) of this section using diagnostic techniques and
appropriate accommodations adapted to the individual's age; cultural
background; ethnic origins; language; and physical, behavioral, or
sensory capabilities.
(c) A previous diagnostic assessment, social history,
or relevant record from another entity, including a school district,
public or private agency, or another authorized provider, may be used
to meet the requirements in subsection (a)(3)(A) or (a)(3)(B) of this
section if the authorized provider employed by or contracting with
the LIDDA or SSLC who is conducting the DID considers the assessment,
social history, or relevant record to be a valid reflection of the
individual's current level of functioning.
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