Current through Register Vol. 49, No. 27, December 30, 2024
Subpart 1.
Services required.
Infant and toddler intervention services under United States
Code, title 20, chapter 33, sections 1431, et seq., and Code of Federal
Regulations, title 34, part 303, must be available to children from birth
through two years of age who meet the criteria described in subpart
2.
Subp. 2.
Criteria for birth through two
years of age.
The team shall determine that a child from birth through the
age of two years is eligible for infant and toddler intervention services
if:
A. the child meets the criteria of
one of the disability categories in United States Code, title 20, chapter 33,
sections 1400, et seq., as defined in Minnesota Rules; or
B. the child meets the criteria for
developmental delay in subitem (1), (2), or (3):
(1) the child has a diagnosed physical or
mental condition or disorder that has a high probability of resulting in
developmental delay regardless of whether the child has a demonstrated need or
delay;
(2) the child is
experiencing a developmental delay that is demonstrated by a score of 1.5
standard deviations or more below the mean, as measured by the appropriate
diagnostic measures and procedures, in one or more of the following areas:
(a) cognitive development;
(b) physical development, including vision
and hearing;
(c) communication
development;
(d) social or
emotional development; and
(e)
adaptive development; or
(3) the child's eligibility is established
through the application of informed clinical opinion. Informed clinical opinion
may be used as an independent basis to establish a child's eligibility under
this part even when other instruments do not establish eligibility; however, in
no event may informed clinical opinion be used to negate the results of
evaluation instruments to establish eligibility.
Subp. 3. [Renumbered
3525.1351]
Subp. 4.
Evaluation.
Evaluation of the child and assessment of the child and
family will be conducted in a manner consistent with Code of Federal
Regulations, title 34, section 303.321.
Subp. 5.
Transition.
The service coordinator provided for in Minnesota Statutes,
section
125A.33,
must facilitate transition from infant and toddler intervention services before
the child's third birthday. The IFSP must include steps to determine and
document eligibility for special education, and steps to support the transition
of the child to special education under United States Code, title 20, chapter
33, sections 1411 et seq., and Code of Federal Regulations, title 34, part 300,
or to other appropriate community-based services that may be available.
A. For a child who may be eligible for
special education services under United States Code, title 20, chapter 33,
sections 1411 et seq., and Code of Federal Regulations, title 34, part 300, the
service coordinator must, with the approval of the family of the child, convene
a conference between the family, the local educational agency, and
community-based service providers to discuss services that the child may
receive under United States Code, title 20, chapter 33, sections 1411 et seq.,
and Code of Federal Regulations, title 34, part 300. The conference must be
held not less than 90 days, and, at the discretion of all the parties, not more
than nine months, before the child is eligible for the preschool
services.
B. For a child who may
not be eligible for special education services under United States Code, title
20, chapter 33, sections 1411 et seq., and Code of Federal Regulations, title
34, part 300, the service coordinator must, with the approval of the family,
take reasonable steps, to convene a conference between the family, the lead
agency, and community-based service providers to discuss appropriate services
that the child may receive after exiting infant and toddler intervention
services.
