<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108DIVISION FOR EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER IEVALUATION AND ASSESSMENT
RULE §108.903Evaluations

(a) The contractor must conduct an interdisciplinary, comprehensive evaluation to determine initial and continuing eligibility under §108.805(a)(3) and §108.807(c) of this chapter (relating to Initial Eligibility Criteria). The contractor and the family must determine the most appropriate setting, circumstances, time of day, and participants for the evaluation in order to capture the most accurate picture of the child's ability to function in their natural environment.

(b) Comprehensive evaluation must be conducted to determine:

  (1) developmental delay; or

  (2) conditions that interfere with the child's ability to function in the child's environment as determined by clinical opinion.

(c) Evaluation must be conducted using a standardized tool designated by DARS ECI and each developmental area must be evaluated as defined in 34 CFR §303.321. When the interdisciplinary team determines there is evidence that the results of the standardized tool do not accurately reflect the child's development, the interdisciplinary team must document evidence from a supplemental protocol designated by DARS ECI. The contractor must ensure that evaluations are conducted by qualified personnel.

(d) Evaluation must be based on informed clinical opinion and include input from the parent or other significant people in the child's life.

(e) The contractor must consider other evaluations and assessments performed by outside entities when requested by the family.

  (1) The contractor must determine whether outside evaluations and assessments:

    (A) are consistent with DARS ECI policies;

    (B) reflect the child's current status; and

    (C) have implications for IFSP development.

  (2) If the family does not allow full access to those records or to those entities or does not consent to or does not cooperate in evaluations or assessments to verify their findings, the contractor may discount or disregard the other evaluations and assessments performed by outside entities.

(f) The contractor must comply with all requirements in Subchapter B of this chapter (relating to Procedural Safeguards and Due Process Procedures) when conducting evaluations and assessments.


Source Note: The provisions of this §108.903 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective July 1, 2012, 37 TexReg 4621

Next Page Previous Page



Home TxReg TAC OM NewTac Public Footer Bar