(a) The contractor must:
(1) comply with all requirements
in 34 CFR §303.321(b);
(2) maintain all test
protocols and other documentation used to determine eligibility and
continuing eligibility in the child's record;
(3) provide prior written
notice to the parent when the child is determined to be ineligible
for early childhood intervention services; and
(4) ensure that all evaluations
are conducted by qualified personnel.
(b) The parent and at
least two professionals from different disciplines must conduct the
evaluation to determine initial and continuing eligibility based on
developmental delay as defined by §350.809(3) of this chapter
(relating to Initial Eligibility Criteria). A Licensed Practitioner
of the Healing Arts must be one of the two professionals. Service
coordination is not considered a discipline for evaluation. The evaluation
procedures must include:
(1) administration of
the standardized tool designated by the Texas Health and Human Services
Commission (HHSC) Early Childhood Intervention (ECI);
(2) taking the child's
history, including interviewing the parent;
(3) identifying the child's
level of functioning in each of the developmental areas in 34 CFR §303.21(a)(1);
(4) gathering information
from other sources such as family members, other caregivers, medical
providers, social workers, and educators, if necessary, to understand
the full scope of the child's unique strengths and needs;
(5) reviewing medical,
educational, and other records;
(6) in addition to 34
CFR §303.321(b), determining the most appropriate setting, circumstances,
time of day, and participants for the evaluation in order to capture
the most accurate picture of the child's ability to function in his
or her natural environment; and
(7) interpreting scores
and determining delay through the application of informed clinical
opinion to test results.
(c) The contractor must
consider other evaluations and assessments performed by outside entities
when requested by the family.
(1) The contractor must
determine whether outside evaluations and assessments:
(A) are consistent with
HHSC ECI policies;
(B) reflect the child's
current status; and
(C) have implications
for Individualized Family Service Plan development.
(2) If the family does
not allow full access to those records or to those entities or does
not consent to or does not cooperate in evaluations or assessments
to verify their findings, the contractor may discount or disregard
the other evaluations and assessments performed by outside entities.
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Source Note: The provisions of this §350.817 adopted to be effective September 1, 2013, 38 TexReg 5524; amended to be effective May 1, 2014, 39 TexReg 3445; amended to be effective March 7, 2015, 40 TexReg 939; amended to be effective June 30, 2019, 44 TexReg 3280; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941; amended to be effective March 17, 2022, 47 TexReg 1277 |