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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/RULE §350.809 - Initial Eligibility Criteria
Chapter Review Date 02/27/2024

(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.

Source Note: The provisions of this §350.809 adopted to be effective September 1, 2013, 38 TexReg 5524; amended to be effective March 7, 2015, 40 TexReg 939; amended to be effective June 30, 2019, 44 TexReg 3280; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941; amended to be effective February 13, 2025, 50 TexReg 772.

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