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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 §350.815 - Visual Impairment
Chapter Review Date 02/27/2024

(a) The interdisciplinary team may not determine a child ineligible if the child is suspected to be blind or visually impaired until all evaluations and assessments required in this section have been completed and reviewed by the interdisciplinary team.(b) The interdisciplinary team must determine any need for further vision testing by analyzing risk factors and evaluation results during every evaluation to determine eligibility. (1) Evaluation results must include the items listed in §350.809 (relating to Initial Eligibility Criteria).(2) A vision screening tool may be used when an evaluation tool is not administered for a child who is eligible based on a qualifying medical diagnosis or because the child meets the definition of deaf or hard of hearing in 19 TAC §89.1040 (relating to Eligibility Criteria).(c) The subrecipient must refer the child to an ophthalmologist or optometrist if the child has been identified as having a need for further vision testing and the child has not had a vision test within the six months prior to identifying the need.(1) If necessary to access an ophthalmologist or optometrist, the subrecipient may refer the child to the child's primary health care provider. (2) The referral must be made: (A) within five working days; and (B) with parental consent. (d) If the subrecipient receives a vision test that indicates the child is blind or visually impaired or receives documentation that the child has a physical or mental condition that has a high probability of resulting in a developmental delay and a sensory impairment, the subrecipient must enroll the child and make a referral to the LEA. With written parental consent consistent with §350.207 of this chapter (relating to Parental Consent), the subrecipient must also refer the child to the local office of the Health and Human Services Blind Children's Vocational Discovery and Development Program.(1) The referral must be made within five business days after the subrecipient receives:(A) a vision test that indicates the child is blind or visually impaired, in which case the referral must include results of the vision test; or(B) documentation indicating the child has a medical condition that has a high probability of resulting in a developmental delay and sensory impairment.(2) Per 20 USC §1232g(b)(1)(A), parental consent is not required for the referral to the LEA, but the parent must be notified that the referral is being made. (3) If the child has not been tested by an ophthalmologist, an optometrist, or a medical physician, the subrecipient must assist the family in obtaining a vision test and send the test results to the LEA within five business days of receiving the vision test.(e) The certified teacher of students with visual impairments and the certified orientation and mobility specialist from the LEA participate in the service planning process as part of the interdisciplinary team and, with written parental consent, complete any necessary evaluations.

Source Note: The provisions of this §350.815 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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