Current through March 20, 2024
006.01 School
districts and approved cooperatives, as part of the child find system, must
ensure that all infants and toddlers with disabilities within the district or
approved cooperative who are eligible for early intervention services are
identified, located and evaluated, including:
006.01A Indian infants and toddlers with
disabilities residing on a reservation geographically located in the State
(including coordination, as necessary, with tribes, tribal organization, and
consortia);
006.01B Infants and
toddlers with disabilities who are homeless, in foster care and wards of the
State; and
006.01C Infants and
toddlers with disabilities who are the subjects of substantiated cases of child
abuse or neglect, or are identified as directly affected by illegal substance
abuse or withdrawal symptoms resulting from prenatal drug exposure.
006.01D Referral Procedures
006.01D1 School districts and approved
cooperatives shall refer a child under the age of three to the agency
responsible for providing services coordination in the Planning Region as soon
as possible but in no case later than seven (7) days after becoming aware that
the child may be eligible for early intervention services.
006.01D2 A child under the age of three who
is the subject of a substantiated case of child abuse or neglect; or is
identified as directly affected by illegal substance abuse or withdrawal
symptoms resulting from prenatal drug exposure must be referred to the Early
Intervention Program (the agency responsible for providing services
coordination in the Planning Region).
006.02 Post-Referral (45 Days) Timeline
006.02A Except as provided in 92 NAC
52-006.02B, school
districts and approved cooperatives shall complete any screening under 92 NAC
52-006.03 (if the parent consents); the initial evaluation and the initial
assessments of the child and the family under 92 NAC 52-006.05; and shall
participate in the initial Individualized Family Service Plan (IFSP) meeting
under 92 NAC 52-007.03 within 45 calendar days from the date of referral.
006.02B Subject to 92 NAC
52-006.02C, the 45
calendar day timeline described in 92 NAC
52-006.02A does
not apply for any period when:
006.02B1 The
child or parent is unavailable to participate in the screening (if applicable),
the initial evaluation, the initial assessments of the child and family, or the
initial IFSP meeting due to exceptional family circumstances that are
documented in the child's early intervention records; or
006.02B2 The parent has not provided consent
for the screening (if applicable), the initial evaluation, or the initial
assessment of the child, despite documented, repeated attempts by the services
coordinator to obtain parental consent.
006.02C In the event the circumstances
described in 92 NAC
52-006.02B 1 or
006.02B2 exist:
006.02C1 The Services Coordinator will
document in the child's early intervention records the exceptional family
circumstances or repeated attempts by the early intervention service provider
to obtain parental consent pursuant to 480 NAC 10.
006.02C2 The school district or approved
cooperative must complete the screening (if applicable), the initial
evaluation, the initial assessments (of the child), and participate in the
initial IFSP meeting as soon as possible after the documented exceptional
family circumstances described in 92 NAC
52-006.02B no
longer exist or parental consent is obtained for the screening (if applicable),
the initial evaluation, and the initial assessment of the child; and
006.02C3 The services coordinator will
develop and implement an interim IFSP, to the extent appropriate pursuant to
480 NAC 10.
006.03 Screening
006.03A The school district or approved
cooperative may adopt procedures consistent with requirements of 92 NAC
52-006.03, to screen children under the age of three who have been referred to
the agency responsible for services coordination in the Planning Region to
determine whether they are suspected of having a disability. If the school
district or approved cooperative proposes to screen a child it must notify the
services coordinator who will:
006.03A1
Provide the parent notice pursuant to 480 NAC 10 of the school district's or
approved cooperative's intent to screen the child to identify whether the child
is suspected of having a disability and include in that notice a description of
the parent's right to request an evaluation under 92 NAC 52-006 at any time
during the screening process; and
006.03A2 Obtain parental consent pursuant to
480 NAC 10 before the school district or approved cooperative conducts the
screening procedures.
006.03B If the parent consents to the
screening and the screening or other available information indicates that the
child is:
006.03B1 Suspected of having a
disability, the services coordinator pursuant to 480 NAC 10 will provide notice
and obtain parental consent at which time an evaluation and assessment of the
child shall be conducted by the school district or approved
cooperative.
006.03B2 Not suspected
of having a disability, the school district or approved cooperative shall
ensure that notice of that determination is provided to the parent under 92 NAC
52-009.03B, and
that the notice describes the parent's right to request an
evaluation.
006.03C If
the parent of the child requests and consents to an evaluation at any time
during the screening process, evaluation of the child shall be conducted under
92 NAC 52-006, even if the school district or approved cooperative has
determined under 92 NAC
52-006.03B 2 that
the child is not suspected of having a disability.
006.03D For every child under the age of
three who is referred for early intervention services or screened in accordance
with 92 NAC
52-006.03A, the
school district or approved cooperative is not required to:
006.03D1 Provide an evaluation of the child
under 92 NAC 52-006 unless the child is suspected of having a disability or the
parent requests an evaluation under 92 NAC
52-006.03C; or
006.03D2 Make FAPE early
intervention services available under 92 NAC 52 to the child unless a
determination is made that the child meets the definition of infant or toddler
with a disability under 92 NAC 52-003.15.
006.03E The screening must be conducted
utilizing appropriate instruments by individuals with training to administer
those instruments.
006.04 Eligibility for FAPE early
intervention services is established when the school district or approved
cooperative determines that the infant or toddler is experiencing a
developmental delay as described in 92 NAC 52-006.04A or any of the other
disabilities described in 92 NAC 51-006.04.
006.04A To qualify for early intervention
services in the category of developmental delay, the child shall have either:
006.04A1 A diagnosed physical or mental
condition that has a high probability of resulting in a substantial
developmental delay in the areas described in 92 NAC 52-006.04A 2; and includes
conditions such as chromosomal abnormalities; genetic or congenital disorders,
sensory impairments; inborn errors of metabolism; disorders reflecting
disturbances of the development of the nervous system; congenital infections;
severe attachment disorders; and disorders secondary to exposure to toxic
substances, including fetal alcohol syndrome; or
006.04A2 A significant developmental delay as
defined in 92 NAC 52-006.04B and as measured by appropriate diagnostic
instruments and procedures, in function in one or more of the following areas
and by reason thereof, needs early intervention services:
006.04A2a Cognitive development;
006.04A2b Physical development, including
vision and hearing;
006.04A2c
Communication development;
006.04A2d Social or emotional development;
or
006.04A2e Adaptive
development.
006.04B Significant delay is defined as:
006.04B1 At least 2.0 standard deviations
below the mean in one area of development contained in 92 NAC
52-006.04A 2a
through
006.04A2e;
or
006.04B2 At least 1.3 standard
deviations below the mean in two areas of development contained in 92 NAC
52-006.04A 2a
through
006.04A2e.
006.05 Evaluation of
the Child and Assessment of the Child
006.05A
The school district or approved cooperative must ensure that, subject to
obtaining parental consent, each child under the age of three who is referred
for evaluation or early intervention services and suspected of having a
disability, receives:
006.05A1 A timely,
comprehensive, multidisciplinary evaluation of the child in accordance with 92
NAC 52-006.06 unless eligibility is established under 92 NAC
52-006.05B;
and
006.05A2 If the child is
determined eligible as an infant or toddler with a disability as defined in 92
NAC 52-003.15, a multidisciplinary assessment of the unique strengths and needs
of that infant or toddler and the identification of services appropriate to
meet those needs.
006.05B A child's medical and other records
may be used to establish eligibility (without conducting an evaluation of the
child) under 92 NAC 52 if those records indicate that the child's level of
functioning in one or more of the developmental areas identified in 92 NAC
52-003.15 constitutes a developmental delay or that the child otherwise meets
the criteria for an infant or toddler with a disability under 92 NAC 52-003.15
and 92 NAC
52-006.04.
006.05B1 If the child's eligibility is
established under 92 NAC
52-006.05B, the
school district or approved cooperative must conduct an assessment of the child
in accordance with 92 NAC 52-006.07.
006.05B2 Qualified personnel must use
informed clinical opinion when conducting an evaluation and assessment of the
child. In addition, the school district or approved cooperative shall ensure
that informed clinical opinion may be used as an independent basis to establish
a child's eligibility 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 used to establish eligibility under 92 NAC
52-006.06.
006.05C All
evaluations and assessments of the child shall be conducted by qualified
personnel, in a nondiscriminatory manner, and selected and administered so as
not to be racially or culturally discriminatory.
006.05D Unless clearly not feasible to do so,
school districts or approved cooperatives must conduct all evaluations and
assessments of the child in the native language of the child, in accordance
with the definition of native language in 92 NAC 52-003.17.
006.06 Procedures for Evaluation
of the Child to Determine Eligibility
006.06A
In conducting an evaluation, no single procedure may be used as the sole
criterion for determining a child's eligibility. Procedures must include:
006.06A1 Administering an evaluation
instrument;
006.06A2 Taking the
child's history (including interviewing the parent);
006.06A3 Identifying the child's level of
functioning in each of the developmental areas in 92 NAC 52-003.15 and 92 NAC
52-006.04.
006.06A4 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; and
006.06A5 Reviewing medical, educational, or
other records.
006.07 Procedures for Assessment of the Child
006.07A An assessment of each infant or
toddler with a disability must be conducted by qualified personnel in order to
identify the child's unique strengths and needs and the early intervention
services appropriate to meet those needs. The assessment of the child must
include the following:
006.07A1 A review of
the results of the evaluation conducted under 92 NAC 51-006.06;
006.07A2 Personal observations of the child;
and
006.07A3 The identification of
the child's needs in each of the developmental areas in 92 NAC 52-003.15 and 92
NAC
52-006.04.
006.08 If, based on the evaluation
conducted under 92 NAC 52-006, the school district or approved cooperative
determines that a child is not eligible, the school district or approved
cooperative must provide the parent with prior written notice required in 92
NAC
52-009.03B and
include in the notice information about the parent's right to dispute the
eligibility determination through dispute resolution mechanisms under 92 NAC
52-009.05 through 009.08, such as requesting a due process hearing or mediation
or filing a State complaint.
006.09
Multidisciplinary Team Written Report
006.09A
The team shall prepare a written report of the results of the child's
evaluation and assessment.
006.09A1 The
report shall include a statement of:
006.09A1a Whether the child qualifies as an
infant or toddler with a disability based on the criteria and definitions
contained in 92 NAC 52-006 or 92 NAC 51-006.04;
006.09A1b The basis for making the
determination including the results of the evaluation; and
006.09A1c The child's unique strengths and
needs in each of the developmental areas: cognitive development; physical
development; communication development; social and emotional development and
adaptive development;
006.09A1d A
listing of the team members that must include the parent and individuals
representing two or more separate disciplines pursuant to 92 NAC 52-003.20 and
92 NAC
52-003.16B.
006.09A2 Each team
member shall certify in writing whether the report reflects his or her
conclusion. If the report does not reflect his or her conclusion, the team
member shall submit a separate statement presenting his or her
conclusion.
006.10 A copy of the multidisciplinary team
report shall be given to the parent and services coordinator at no cost
consistent with 92 NAC
52-009.02F
3.