Sec. 13a.13.01.05. Evaluation and Assessment

A. Evaluation Procedures.

(1) A local lead agency shall ensure:

(a) A child receives a timely, comprehensive, multidisciplinary evaluation, consistent with 34 CFR §§303.321, 303.322, and 303.420(a)(2);

(b) A parent provides consent before conducting each evaluation and assessment of a child, consistent with 34 CFR §303.321(1) and Regulation .12 of this chapter; and

(c) Evaluations are administered by qualified personnel.

(2) In conducting an evaluation, no single procedure may be used as the sole criterion for determining a child’s eligibility.

(3) Procedures shall include:

(a) Administering an evaluation instrument;

(b) Taking the child’s history, including interviewing the parent;

(c) Identifying the child’s level of functioning in each of the developmental areas identified in Regulation .03B(12) of this chapter;

(d) Gathering information from other sources such as family members, other caregivers, medical providers, social workers, and educators to understand the full scope of the child’s unique strengths and needs, if necessary, as required in 34 CFR §303.420(a)(1); and

(e) Reviewing medical, educational, and other records.

(4) Evaluations and assessments of a child must be conducted in the native language of the child, unless clearly not feasible to do so.

B. Nondiscrimination. Local lead agencies shall conduct nondiscriminatory evaluation and assessment of children and families, consistent with 34 CFR §303.321(a)(4).

C. Written Report.

(1) The written report shall include:

(a) A statement of the child's current health status based on a review of pertinent records and medical history;

(b) A statement which describes the child's levels of functioning in each developmental area and the dates of the evaluation and assessment procedures;

(c) A statement of criteria, including tests, evaluation materials, and informed clinical opinion; and

(d) The signatures and titles of the qualified personnel who administered the evaluation and assessment.

(2) Written reports of evaluations and assessments described in §C(1) of this regulation shall be included in the child’s early intervention record to:

(a) Document the results of evaluations and assessments conducted by qualified personnel; and

(b) Determine initial eligibility of a child referred for evaluation.

D. Individuals who may have the opportunity to participate in the multidisciplinary evaluation process may include:

(1) The child's parent or parents;

(2) Other family members; and

(3) The interim service coordinator.

E. Eligibility Determination.

(1) Qualified personnel directly involved in the diagnosis of the child or in conducting the evaluation and assessment of the child shall determine the child's eligibility for early intervention services by comparing evaluation results with the criteria for an infant or toddler with a disability as defined in Regulation .03B(29) of this chapter.

(2) Qualified personnel shall use informed clinical opinion when conducting an evaluation and assessment of a child.

(3) A local lead agency shall ensure informed clinical opinion:

(a) May be used as an independent basis to establish a child’s eligibility for the EIS when the other instruments do not establish eligibility; and

(b) May not be used to negate the results of evaluation instruments used to establish eligibility.

(4) A written statement shall document the eligibility decision and be included in the child's early intervention record. The written statement shall include:

(a) The names and titles of the qualified personnel determining the child's eligibility;

(b) The date of the determination; and

(c) The basis for eligibility determination.

(5) A child’s medical and other records may be used to establish eligibility without conducting an evaluation of the child if:

(a) The records indicate that the child’s level of functioning in one or more developmental areas constitutes a developmental delay; or

(b) The child otherwise meets the criteria for an infant or toddler with a disability as defined in Regulation .03B(29) of this chapter.

(6) If the local lead agency determines a child is not eligible, the local lead agency shall provide the parent with prior written notice consistent with 34 CFR §303.421, including the parent’s right to dispute the eligibility determination through dispute resolution mechanisms in accordance with 34 CFR §303.430 and Regulation .14 of this chapter.

F. Assessments.

(1) If a child is eligible for EIS as an infant or toddler with a disability, the child and family shall have:

(a) A multidisciplinary assessment of the unique strengths and needs of the child and the identification of services appropriate to meet those needs; and

(b) A family-directed assessment of concerns, priorities, and resources of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the child. These assessments may occur simultaneously with the evaluation.

(2) Family assessments shall be conducted in the native language of the family member being assessed, unless clearly not feasible to do so.

(3) The assessment of the child shall include:

(a) A review of the results;

(b) Personal observations of the child; and

(c) The identification of the child’s needs in each of the developmental areas.

(4) The family assessment shall:

(a) Be voluntary for each family member participating in the assessment;

(b) Be based on information obtained through:

(i) An assessment tool; and

(ii) An interview with those family members who elect to participate in the assessment; and

(c) Include the family’s description of its concerns, priorities, and resources related to enhancing the child’s development.