26 Tex. Admin. Code § 350.817 - Developmental Delay
(a) The
subrecipient must:
(1) comply with all
requirements in 34 CFR
§
303.321(b);
(2) maintain all test protocols and other
documentation used to determine eligibility and continuing eligibility in the
child's record; and
(3) ensure that
all evaluations are conducted by qualified personnel.
(b) The subrecipient must ensure evaluations
to determine initial and continuing eligibility based on developmental delay,
as defined in §
350.809 of this subchapter
(relating to Initial Eligibility Criteria), are conducted by at least two
professionals from different disciplines with participation by the parent.
(1) An LPHA must be one of the two
professionals.
(2) Service
coordination is not considered a discipline for evaluation.
(3) The evaluation procedures must include:
(A) administration of a standardized tool
designated by HHSC ECI;
(B) taking
the child's history, including interviewing the parent;
(C) identifying the child's level of
functioning in each of the developmental areas in
34 CFR §
303.21(a)(1);
(D) gathering information from other sources
such as family members, other caregivers, medical providers, social workers,
and educators, if necessary, to understand the full scope of the child's unique
strengths and needs;
(E) reviewing
medical, educational, and other records;
(F) in addition to requirements in
34 CFR §
303.321(b), determining the
most appropriate setting, circumstances, time of day, and participants for the
evaluation to capture the most accurate picture of the child's ability to
function in his or her natural environment; and
(G) interpreting scores and determining delay
through the application of informed clinical opinion to test results.
(4) When a child's chronological
or adjusted age is zero months or younger, use of the standardized tool or
another protocol is not required. While the interdisciplinary team does not
need to administer the standardized tool or protocol, the interdisciplinary
team must complete a qualitative determination of developmental delay as
described in §
350.821 of this subchapter
(relating to Qualitative Determination of Developmental Delay).
(c) The subrecipient must consider
other evaluations and assessments performed by outside entities when requested
by the family.
(1) The subrecipient must
determine whether outside evaluations and assessments:
(A) are consistent with HHSC ECI
policies;
(B) reflect the child's
current status; and
(C) have
implications for IFSP development.
(2) The subrecipient may discount or
disregard evaluations and assessments performed by outside entities if the
family:
(A) does not allow full access to
those records or entities;
(B) does
not consent to evaluations or assessments; or
(C) does not cooperate in evaluations or
assessments to verify their findings.
Notes
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