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RULE §350.817Eligibility Determination Based on Developmental Delay

(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.

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

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