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 § 350.809
Current through Reg. 50, No. 13; March 28, 2025
(a) A child must be younger than 36 months of age and meet initial eligibility criteria to receive ECI services. Initial eligibility is established by:
(1) documentation of a medically diagnosed
condition that has a high probability of resulting in developmental
delay;
(2) meeting the TEA
definition of deaf or hard of hearing or criteria for a visual impairment
provided in 19 TAC §
89.1040 (relating to Eligibility
Criteria); or
(3) a developmental
delay, which must be evaluated as described in
34 CFR §
303.321 and the delay is determined based on:
(A) an evaluation using a standardized tool
designated by HHSC ECI that indicates a delay of at least 25 percent in one or
more of the following developmental areas:
(i)
communication;
(ii)
cognitive;
(iii) gross
motor;
(iv) fine motor;
(v) social emotional; or
(vi) adaptive;
(B) an evaluation using a standardized tool
designated by HHSC ECI that indicates a delay of at least 33 percent if the
child's only delay is in expressive communication; or
(C) a qualitative determination of delay, as
defined in §
350.821 of this subchapter
(relating to Qualitative Determination of Developmental Delay).
(b) A child must meet the same eligibility standards in subsection (a)(3)(A) or (a)(3)(B) of this section on the designated tool to qualify for a qualitative determination of delay unless the child has an adjusted age or chronological age of under three months.
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