Current through Reg. 50, No. 187; September 24, 2024
(1) Establishing
Eligibility - Autism. A diagnosis of autism, as defined by Rule
65G-4.014, F.A.C., may only be
made by one or more of the following who has specific training and experience
in making such diagnosis:
(a) A
Florida-licensed psychiatrist;
(b)
A Florida-licensed psychologist;
(c) A board-certified pediatric neurologist
who is qualified by training and experience to make a diagnosis of
autism;
(d) A board-certified
developmental pediatrician, or
(e)
Collateral information received from another state may be accepted if the
evaluator is licensed through the same credentials required for licensure in
Florida for the professions listed in paragraph (1)(a),
above.
(2) Establishing
Eligibility - Cerebral Palsy. Diagnosis is confirmed by written documentation
from one or more of the following:
(a) A
medical doctor;
(b) A doctor of
osteopathy, or
(c) Medical records
documenting a diagnosis of cerebral palsy before the age of
18.
(3) Establishing
Eligibility - Mental Retardation or Intellectual Disability. To establish that
an individual has mental retardation the following criteria shall be applied:
(a) A single test or subtest should not be
used alone to determine eligibility. If a person has significantly different
(statistically defined) scores on different scales of a test or tests, or a
great deal of variability on subtest scores of an IQ test, the full-scale score
may not indicate mental retardation and should not be relied on as a valid
score. In that instance, closer scrutiny is required to make an appropriate
differential diagnosis. This may include review of school records, school
placement, achievement scores, medical records, medication history, behavior
during testing and the psychosocial situation at the time of testing. Closer
scrutiny must also be required when there is a great deal of variability
between IQ scores on different IQ tests or different administrations of the
same IQ test. Nothing here is intended to preclude clinical judgment from
appropriately determining that a single full-scale IQ score of 70 or below, or
two or more standard deviations below the mean, on an individually administered
intelligence test is sufficient to establish eligibility.
(b) The performance measures for this
category of adaptive functioning deficits must be validated by the professional
judgment of a psychologist who is experienced in working with people who have
retardation, who has specific training and validation in the assessment
instrument that is used, and who is one of the following:
1. A Florida-licensed psychologist,
2. A Florida-licensed school
psychologist,
3. A certified school
psychologist.
(c) Any
standardized test may be submitted as proof. However, the applicant must
demonstrate that any test not presumptively accepted by the agency is valid.
The following are presumptively accepted standardized tests of intelligence to
establish eligibility for mental retardation:
1. Stanford-Binet Intelligence Test (all
ages),
2. Wechsler Preschool and
Primary Scale of Intelligence (under six years of age),
3. Differential Ability Scales - Preschool
Edition (under six years of age),
4. Wechsler Intelligence Scale for Children
(WISC) (children up to 15 years, 11 months),
5. Differential Ability Scales (children up
to 15 years, 11 months),
6.
Wechsler Adult Intelligence Scale (WAIS),
7. Test of Nonverbal Intelligence-3
(TONI-3),
8. Comprehensive Test of
Nonverbal Intelligence-2 (C-TONI 2),
9. Universal Nonverbal Intelligence Test
(UNIT),
10. Leiter International
Performance Scale-Revised (Leiter-R).
(d) The following tests of adaptive
functioning are presumptively accepted in the determination:
1. Vineland Adaptive Behavior
Scales,
2. AAMR Adaptive Behavior
Scale,
3. Adaptive Behavior
Assessment System (ABAS),
4.
Adaptive Behavior Evaluation Scale (ABES).
5. Scales of Independent
Behavior-Revised
(e) In
all cases, assessments or evaluations for eligibility should be obtained from
appropriately licensed professionals with experience and training in the
instruments and population for whom eligibility is to be
determined.
(4)
Establishing Eligibility - Prader-Willi Syndrome. Diagnosis is confirmed by
written documentation from one or more of the following:
(a) A medical doctor;
(b) A doctor of osteopathy, or
(c) Medical records that document a diagnosis
of Prader-Willi syndrome before the age of 18.
(5) Establishing Eligibility - Spina Bifida.
Diagnosis is confirmed by written documentation from one or more of the
following:
(a) A medical doctor;
(b) A doctor of osteopathy, or
(c) Medical records that document a diagnosis
of spina bifida cystica or myelomeningocele before the age of
18.
(6) Establishing
Eligibility - Down Syndrome. Evidence under this category requires medical
records documenting a chromosome analysis (also referred to as a karyotype)
finding the individual has an extra genetic material on their number 21
chromosome.
(7) Establishing
Eligibility - Phelan-McDermid Syndrome. The diagnosis of Phelan-McDermid
Syndrome must be confirmed utilizing genetic testing, with written
documentation from a:
(a) Medical doctor,
or
(b) Doctor of
osteopathy.
(8)
Establishing Eligibility - High-Risk Children, 3 to 5 years of age. Evidence
under this category requires a determination by an APD area office that a
medical diagnosis of developmental delay evidenced by the child indicates a
high probability that the child is likely to have an eventual diagnosis of a
qualifying condition under Rule
65G-4.014, F.A.C., if early
intervention services are not provided, or the child has one or more physical
or genetic anomalies associated with a developmental disability, such as:
(a) Genetic or chromosomal disorders (such as
Down syndrome or Rett syndrome);
(b) Metabolic disorders (such as
phenylketonuria);
(c) Congenital
malformations (such as microcephaly or hydrocephaly);
(d) Neurological abnormalities and
insults;
(e) Congenital and
acquired infectious diseases;
(f)
Chronic or catastrophic illnesses or injuries;
(g) A parent or guardian with developmental
disabilities who requires assistance in meeting the child's developmental
needs, or
(h) Other conditions or
genetic disorders generally associated with developmental disabilities, such as
tuberous sclerosis, congenital syphilis, fetal alcohol syndrome, or maternal
rubella, as documented by a physician.
(i) If a child between three and five years
of age already has been determined to have a developmental disability in one of
the five categories identified in Chapter 393, F.S., that child shall be
eligible for services from the agency under the appropriate diagnosis and shall
be added to a preenrollment category.
(j) If a child served under the category of
high risk does not have a confirmed diagnosis by his or her fifth birthday,
they shall be given a notice of case closure and the case will be closed at the
agency. The agency shall make the child's parent or guardian aware of
appropriate agencies, programs or school programs which the agency is aware of
which might be able to assist the child.
(9) This rule shall be reviewed, and if
necessary, renewed through the rulemaking process five years from the effective
date.
Rulemaking Authority
393.065(10),
393.066(8),
393.501 FS. Law Implemented
393.065,
393.066
FS.
New 5-16-12, Amended
6-3-20.
