Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES
Subchapter H - ELIGIBILITY, EVALUATION, AND ASSESSMENT
Section 350.809 - Initial Eligibility Criteria
Universal Citation: 26 TX Admin Code ยง 350.809
Current through Reg. 49, No. 38; September 20, 2024
A child must be under 36 months of age and meet initial eligibility criteria to receive early childhood intervention services. Initial eligibility is established by:
(1) documentation of a medically diagnosed condition that has a high probability of resulting in developmental delay;
(2) an auditory or visual impairment as defined by the Texas Education Agency rule at 19 TAC § 89.1040(relating to Eligibility Criteria); or
(3) a developmental delay. Each developmental area must be evaluated as defined in 34 CFR § 303.321. Developmental delay is determined based on:
(A) an evaluation using
a standardized tool designated by HHSC that indicates a delay of at least 25
percent in one or more of the following developmental areas: communication;
cognitive; gross motor; fine motor; social emotional; or adaptive; or
(B) an evaluation using a standardized tool
designated by HHSC that indicates a delay of at least 33 percent if the child's
only delay is in expressive language; or
(C) a qualitative determination of delay, as
indicated by responses or patterns that are disordered or qualitatively
different from what is expected for the child's age, and significantly
interfere with the child's ability to function in the environment. When the
interdisciplinary team determines there is evidence that the results of the
standardized tool do not accurately reflect the child's development,
eligibility must be established using a supplemental protocol designated by
HHSC ECI. A child must meet the same eligibility standards in subparagraph (A)
or (B) of this paragraph on the designated tool to qualify for a qualitative
determination of delay unless the child has an adjusted age or chronological
age of under 3 months.
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