Current through Register Vol. 39, No. 6, September 16, 2024
(a) Children from
birth to age three are eligible for early intervention services under the
provisions of this Subchapter and under Part C of the Individuals with
Disabilities Education Act (IDEA). The Early Intervention Branch oversees the
North Carolina Infant-Toddler Program, which is implemented by the Children's
Developmental Services Agencies (CDSA). The CDSAs are the local lead agencies
that are responsible for evaluating and determining eligibility to meet the
criteria of one of the two following categories:
(1) Developmental delay; or
(2) Established conditions.
(b) Developmental Delay.
(1) A child shall be considered to have
developmental delay if the child's development is delayed in one or more of the
following areas:
(A) Cognitive
Development;
(B) Physical
Development, including fine and gross motor function;
(C) Communication Development;
(D) Social-Emotional Development;
(E) Adaptive Development.
(2) The specific level of delay
shall be:
(A) Documented by scores of 2.0
standard deviations below the mean of the composite score (total test score) on
standardized tests in at least one of the areas of development in Subparagraph
(b)(1) of this Rule;
(B) Documented
by a 30 percent delay on instruments that determine scores in months in at
least one of the areas of development in Subparagraph (b)(1) of this
Rule;
(C) Documented by scores of
1.5 standard deviations below the mean of the composite score (total test
score) on standardized tests in at least two of the areas of development in
Subparagraph (b)(1) of this Rule; or
(D) Documented by a 25 percent delay on
instruments that determine scores in months in at least two of the above areas
of development.
(c) Established Conditions. A child shall be
considered to have an established condition if the child has a diagnosed
physical or mental condition that has a high probability of resulting in
developmental delay. Diagnosis may be made by Children's Developmental Services
Agency staff or the child's physician. Specific conditions through which a
child shall be deemed eligible in the established conditions category are as
follows:
(1) Congenital Anomaly/Genetic
Disorders/Inborn Errors of Metabolism. Children diagnosed with one or more
congenital abnormalities or genetic disorders with developmental implications.
Some examples are Down Syndrome, Fragile X Syndrome, familial retardation
syndromes, and fetal alcohol syndrome.
(2) Congenital Infections. Children diagnosed
with congenital infections with developmental implications. Some examples are
toxoplasmosis, rubella, cytomegelovirus, and HIV.
(3) Autism. Children diagnosed with autism or
autism spectrum disorders.
(4)
Attachment Disorder. Children with a diagnosed attachment disorder.
(5) Hearing Loss. Children diagnosed with
unilateral or bilateral permanent hearing loss.
(6) Visual Impairment. Children diagnosed
with a visual impairment that is not correctable with treatment, surgery,
glasses, or contact lenses.
(7)
Neurologic Disease/Central Nervous System Disorders. Children diagnosed with a
disease or disorder known to affect the nervous system with developmental
implications, such as Cerebral Palsy, Spina Bifida, Epilepsy, and
Microcephaly.
(8) Neonatal
Conditions and Associated Complications. Children diagnosed with one or more of
the following neonatal diseases or disorders:
(A) Gestational age less than 27 weeks or
birth weight less than 1000 grams;
(B) Neonatal encephalopathy with neurological
abnormality persisting at discharge from the neonatal intensive care
unit.
(C) Moderate to Severe
Ventricular Enlargement at discharge from the neonatal intensive care unit or a
ventriculoperitoneal shunt;
(D)
Neonatal seizures, stroke, meningitis, encephalitis, porencephaly, or
holoprosencephaly;
(E)
Bronchopulmonary Dysplasia requiring supplemental oxygen at discharge from the
neonatal intensive care unit;
(F)
Intrauterine Growth Retardation;
(G) Necrotizing enterocolitis requiring
surgery;
(H) Abnormal neurological
exam at discharge;
(I)
Intraventricular hemorrhage III or IV; or
(J) Periventricular leukomalacia.
