Tenn. Comp. R. & Regs. 0465-04-01-.02 - DEFINITIONS

(1) Developmental Delay for Infants and Toddlers.
(a) General.

Infants and toddlers with disabilities eligible for TEIS services shall be those children from birth to age three, inclusive, who:

1. Have been evaluated in accordance with appropriate procedures for early intervention services; and
2. As a result of the evaluation, a multidisciplinary team has determined that the child meets the criteria for Tennessee's definition of Developmental Delay.
(b) Developmental Delay Criteria. The infant or toddler must meet one of the following:
1. The child is experiencing developmental delays, as measured by appropriate diagnostic instruments, administered by qualified professionals, indicating that the child is:
(i) Functioning at least twenty-five percent (25%) below his/her chronological age in two or more of the following developmental areas:
(I) Cognitive development;
(II) Physical development, including vision and hearing;
(III) Communication development;
(IV) Social/emotional development; and/or
(V) Adaptive development; or
(ii) Functioning at least forty percent (40%) below his/her chronological age in one of the developmental areas listed in subparagraph 1.(i)(I)-(V) above; or
(iii) The child has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, i.e., known, obvious, or diagnosable condition such as sensory losses and severe physical impairments. Examples include, but are not limited to:
(I) Hearing loss that can be verified or estimated to be significant as indicated through an audiological evaluation;
(II) Visual loss, which can be verified or estimated to be significant; for example, cataracts, retinopathy of prematurity, or dysfunction of the visual cortex;
(III) Neurological, muscular, or orthopedic impairment which prevents the development of other skills; for example, spina bifida, cerebral palsy, autism, epilepsy;
(IV) Organic conditions or syndromes which have known significant consequences; for example, tuberous sclerosis, hydrocephalus, muscular dystrophy, fetal alcohol syndrome;
(V) Chromosomal, metabolic, or endocrine abnormalities; for example, Down Syndrome; Klinefelter Syndrome, Turner Syndrome, hypothyroidism; or
(VI) Prematurity, as defined by Tennessee's eligibility criteria for premature infants; or
(iv) The child has been determined eligible based on informed clinical opinion because the use of standardized instruments does not accurately reflect the child's developmental status and the child does not have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.
(2) Developmental Therapy.

Developmental therapy for infants and toddlers with disabilities eligible for TEIS services includes:

(a) Family training, counseling, and home visits, as appropriate, by social workers, psychologists, and other qualified personnel to assist the family of an infant or toddler with a disability in understanding the special needs of the child and enhancing the child's development; and
(b) Special instruction including:
(i) The design of learning environments and activities that promote the infant's or toddler's acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;
(ii) Curriculum planning, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the Individualized Family Service Plan (IFSP) for the infant or toddler with a disability;
(iii) Providing families with information, skills, and support related to enhancing the skill development of the child; and
(iv) Working with the infant or toddler with a disability to enhance the child's development.

Notes

Tenn. Comp. R. & Regs. 0465-04-01-.02
Transfer from chapter 0520-01-10 and amendments filed March 15, 2021; effective 6/13/2021.

Authority: T.C.A. §§ 4-3-2708, 33-1-303, 49-10-702, and 68-5-905; 20 U.S.C. §§ 1431, et seq.; and Exec. Order No. 10 (Dec. 2, 2019).

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