This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:45 GMT
(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.