Section 2070.50 Eligibility

Section 500

TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER XI: DEPARTMENT OF EARLY CHILDHOOD

PART 2070 EARLY INTERVENTION PROGRAM

SECTION 2070.50 ELIGIBILITY

Section 2070.50  Eligibility

a)         Eligibility must be determined, with parental consent, using

one or more of the following criteria:

1)         For a child experiencing a Developmental Delay (as defined in

Section 2070.20), by consensus of qualified staff based upon a timely,

comprehensive, multidisciplinary evaluation of the child using one or more

standardized evaluations or criterion referenced measures approved by the

Department and through informed clinical opinion as described in this Section.

A)        Qualified personnel must use informed clinical opinion, as

defined by Section 2070.20, when conducting an evaluation and assessment of the

child.  Informed clinical opinion may be used as an independent basis to

establish a child's eligibility under this Part even when other instruments do

not establish eligibility; however, in no event may informed clinical opinion

be used to negate the results of evaluation instruments used to establish

eligibility.  Activities to determine clinical opinion shall include

observation and parent report and shall be described in the written report

documenting the informed clinical opinion of qualified staff that the child is

experiencing delay at a level determined by the Department to be eligible

nformed clinical opinion

be used to negate the results of evaluation instruments used to establish

eligibility.  Activities to determine clinical opinion shall include

observation and parent report and shall be described in the written report

documenting the informed clinical opinion of qualified staff that the child is

experiencing delay at a level determined by the Department to be eligible.

B)        In conducting an evaluation, procedures must include

administering one or more standardized evaluation tools and instruments, or

criterion referenced measures approved by the Department; taking the child's

history (including interviewing the parent); identifying the child's level of

functioning in each of the areas of development; 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; and reviewing medical, educational and

other records.  A provider may request Department approval of a developmental

test by submitting, in writing, documentation that the test meets the following

criteria: is listed in the Mental Measurement Yearbook Series (Burros Center

for Testing, University of Nebraska-Lincoln, 21 Teachers College Hall, Lincoln

NE  68588-0348 (2005, no later editions or amendments included)); is nationally

distributed; is formally validated; is age appropriate; and is individually

administered.  The Mental Measurement Yearbook Series can be found at the Early

Childhood Intervention Clearinghouse, many local libraries, and via the

Internet.

2)         For a child experiencing a physical or mental condition that

typically results in a developmental delay, as defined in Section 2070.20 and

listed in Section 2070.Appendix E, based on the medical diagnosis

d is individually

administered.  The Mental Measurement Yearbook Series can be found at the Early

Childhood Intervention Clearinghouse, many local libraries, and via the

Internet.

2)         For a child experiencing a physical or mental condition that

typically results in a developmental delay, as defined in Section 2070.20 and

listed in Section 2070.Appendix E, based on the medical diagnosis.  If a child

exhibits a medical condition not approved by the Department as being an

eligible condition, written verification by a qualified pediatrician or

pediatric sub-specialist (pediatric neurologist, geneticist, pediatric

orthopedic surgeon, pediatrician with special interest in disabilities) that

the child's medical condition typically results in substantial developmental

delay within the varying ranges of developmental disabilities may be used; or

3)         For a child at risk of substantial developmental delay, based

on informed clinical opinion. Development of substantial developmental delay is

probable if EI services are not provided to the child who is experiencing risk

factors as defined in Section 2070.20.  Risk factors that the child is

experiencing must be identified.

4)         For a child who is the subject of a substantiated case of

child abuse or neglect as defined in the Federal Child Abuse Prevention and

Treatment Act, by a process as determined by the Department.

b)         A child's medical and other records may be used to establish

eligibility (without conducting an evaluation of the child) if those records

indicate that the child's level of functioning in one or more of the

developmental areas constitutes a delay at a level determined by the Department

to be eligible or that the child otherwise meets the definition of "eligible

children" or "eligible child" under Section 2070.20.  If the

child's Part C eligibility is established under this Section, the evaluators

must conduct assessments of the child and family in accordance with subsection

n one or more of the

developmental areas constitutes a delay at a level determined by the Department

to be eligible or that the child otherwise meets the definition of "eligible

children" or "eligible child" under Section 2070.20.  If the

child's Part C eligibility is established under this Section, the evaluators

must conduct assessments of the child and family in accordance with subsection

(c).

c)         If the child is determined eligible, with parental consent, a

multidisciplinary assessment of the unique strengths and needs of the infant or

toddler and the identification of services appropriate to meet those needs must

occur.  This assessment must include a review of the results of the evaluation,

personal observations of the child, and identification of the child's needs in

each of the developmental areas.  Unless the child's eligibility is established

as defined in subsection (b), this assessment is conducted with the evaluation.

d)         With parental consent, a family-directed assessment of the

resources, priorities and concerns of the family and the identification of the

supports and services necessary to enhance the family's capacity to meet the

developmental needs of that infant or toddler must be conducted by the Service

Coordinator.

e)         Qualified personnel must use informed clinical opinion when

conducting an evaluation and assessment of the child.  All evaluations and

assessment of the child and family must be conducted by qualified personnel, in

a nondiscriminatory manner, and selected and administered so as not to be

racially or culturally discriminatory.  Unless clearly not feasible to do so,

all evaluations and assessments of a child must be conducted in the native

language of the child.

f)         Eligibility shall be determined annually

aluations and

assessment of the child and family must be conducted by qualified personnel, in

a nondiscriminatory manner, and selected and administered so as not to be

racially or culturally discriminatory.  Unless clearly not feasible to do so,

all evaluations and assessments of a child must be conducted in the native

language of the child.

f)         Eligibility shall be determined annually.  Children will

continue to be eligible if they:

1)         have entered the program under any of the eligibility criteria

as defined in Section 2070.20, but no longer meet the current eligibility

criteria under this Section; and

2)         either:

A)        continue to have any measurable delay; or

B)        have not attained a level of development in each area,

including cognitive, physical (including vision and hearing), language, speech

and communication, psycho-social, or self-help skills, that is at least at the

mean of the child's age equivalent peers; and

3)         have been determined by the multidisciplinary team to require

the continuation of EI services in order to support continuing developmental

progress, pursuant to the child's needs, and provided in an appropriate

developmental manner.  The type, frequency, and intensity of services will

differ from the initial individualized family service plan (IFSP) because of

the child's developmental progress, and may consist of only service

coordination, evaluation and assessments.

g)         If a

family removes a child from services prior to reaching age three years and the

child is later referred again, the child must meet eligibility criteria in

effect at the time of the subsequent referral in order to be re-enrolled.