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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