92 Neb. Admin. Code, ch. 52, § 006

Current through September 17, 2024

Section 92-52-006 - Identification, Referral and Eligibility Determination of Infants and Toddlers with Disabilities

006.01 School districts and approved cooperatives, as part of the child find system, must ensure that all infants and toddlers with disabilities within the district or approved cooperative who are eligible for early intervention services are identified, located and evaluated, including:

006.01A Indian infants and toddlers with disabilities residing on a reservation geographically located in the State (including coordination, as necessary, with tribes, tribal organization, and consortia);

006.01B Infants and toddlers with disabilities who are homeless, in foster care and wards of the State; and

006.01C Infants and toddlers with disabilities who are the subjects of substantiated cases of child abuse or neglect, or are identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.

006.01D Referral Procedures

006.01D1 School districts and approved cooperatives shall refer a child under the age of three to the agency responsible for providing services coordination in the Planning Region as soon as possible but in no case later than seven (7) days after becoming aware that the child may be eligible for early intervention services.

006.01D2 A child under the age of three who is the subject of a substantiated case of child abuse or neglect; or is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure must be referred to the Early Intervention Program (the agency responsible for providing services coordination in the Planning Region).

006.02 Post-Referral (45 Days) Timeline

006.02A Except as provided in 92 NAC 52-006.02B, school districts and approved cooperatives shall complete any screening under 92 NAC 52-006.03 (if the parent consents); the initial evaluation and the initial assessments of the child and the family under 92 NAC 52-006.05; and shall participate in the initial Individualized Family Service Plan (IFSP) meeting under 92 NAC 52-007.03 within 45 calendar days from the date of referral.

006.02B Subject to 92 NAC 52-006.02C, the 45 calendar day timeline described in 92 NAC 52-006.02A does not apply for any period when:

006.02B1 The child or parent is unavailable to participate in the screening (if applicable), the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due to exceptional family circumstances that are documented in the child's early intervention records; or

006.02B2 The parent has not provided consent for the screening (if applicable), the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the services coordinator to obtain parental consent.

006.02C In the event the circumstances described in 92 NAC 52-006.02B 1 or 006.02B2 exist:

006.02C1 The Services Coordinator will document in the child's early intervention records the exceptional family circumstances or repeated attempts by the early intervention service provider to obtain parental consent pursuant to 480 NAC 10.

006.02C2 The school district or approved cooperative must complete the screening (if applicable), the initial evaluation, the initial assessments (of the child), and participate in the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described in 92 NAC 52-006.02B no longer exist or parental consent is obtained for the screening (if applicable), the initial evaluation, and the initial assessment of the child; and

006.02C3 The services coordinator will develop and implement an interim IFSP, to the extent appropriate pursuant to 480 NAC 10.

006.03 Screening

006.03A The school district or approved cooperative may adopt procedures consistent with requirements of 92 NAC 52-006.03, to screen children under the age of three who have been referred to the agency responsible for services coordination in the Planning Region to determine whether they are suspected of having a disability. If the school district or approved cooperative proposes to screen a child it must notify the services coordinator who will:

006.03A1 Provide the parent notice pursuant to 480 NAC 10 of the school district's or approved cooperative's intent to screen the child to identify whether the child is suspected of having a disability and include in that notice a description of the parent's right to request an evaluation under 92 NAC 52-006 at any time during the screening process; and

006.03A2 Obtain parental consent pursuant to 480 NAC 10 before the school district or approved cooperative conducts the screening procedures.

006.03B If the parent consents to the screening and the screening or other available information indicates that the child is:

006.03B1 Suspected of having a disability, the services coordinator pursuant to 480 NAC 10 will provide notice and obtain parental consent at which time an evaluation and assessment of the child shall be conducted by the school district or approved cooperative.

006.03B2 Not suspected of having a disability, the school district or approved cooperative shall ensure that notice of that determination is provided to the parent under 92 NAC 52-009.03B, and that the notice describes the parent's right to request an evaluation.

006.03C If the parent of the child requests and consents to an evaluation at any time during the screening process, evaluation of the child shall be conducted under 92 NAC 52-006, even if the school district or approved cooperative has determined under 92 NAC 52-006.03B 2 that the child is not suspected of having a disability.

006.03D For every child under the age of three who is referred for early intervention services or screened in accordance with 92 NAC 52-006.03A, the school district or approved cooperative is not required to:

006.03D1 Provide an evaluation of the child under 92 NAC 52-006 unless the child is suspected of having a disability or the parent requests an evaluation under 92 NAC 52-006.03C; or

006.03D2 Make FAPE early intervention services available under 92 NAC 52 to the child unless a determination is made that the child meets the definition of infant or toddler with a disability under 92 NAC 52-003.15.

006.03E The screening must be conducted utilizing appropriate instruments by individuals with training to administer those instruments.

006.04 Eligibility for FAPE early intervention services is established when the school district or approved cooperative determines that the infant or toddler is experiencing a developmental delay as described in 92 NAC 52-006.04A or any of the other disabilities described in 92 NAC 51-006.04.

006.04A To qualify for early intervention services in the category of developmental delay, the child shall have either:

006.04A1 A diagnosed physical or mental condition that has a high probability of resulting in a substantial developmental delay in the areas described in 92 NAC 52-006.04A 2; and includes conditions such as chromosomal abnormalities; genetic or congenital disorders, sensory impairments; inborn errors of metabolism; disorders reflecting disturbances of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome; or

006.04A2 A significant developmental delay as defined in 92 NAC 52-006.04B and as measured by appropriate diagnostic instruments and procedures, in function in one or more of the following areas and by reason thereof, needs early intervention services:

006.04A2a Cognitive development;

006.04A2b Physical development, including vision and hearing;

006.04A2c Communication development;

006.04A2d Social or emotional development; or

006.04A2e Adaptive development.

006.04B Significant delay is defined as:

006.04B1 At least 2.0 standard deviations below the mean in one area of development contained in 92 NAC 52-006.04A 2a through 006.04A2e; or

006.04B2 At least 1.3 standard deviations below the mean in two areas of development contained in 92 NAC 52-006.04A 2a through 006.04A2e.

006.05 Evaluation of the Child and Assessment of the Child

006.05A The school district or approved cooperative must ensure that, subject to obtaining parental consent, each child under the age of three who is referred for evaluation or early intervention services and suspected of having a disability, receives:

006.05A1 A timely, comprehensive, multidisciplinary evaluation of the child in accordance with 92 NAC 52-006.06 unless eligibility is established under 92 NAC 52-006.05B; and

006.05A2 If the child is determined eligible as an infant or toddler with a disability as defined in 92 NAC 52-003.15, a multidisciplinary assessment of the unique strengths and needs of that infant or toddler and the identification of services appropriate to meet those needs.

006.05B A child's medical and other records may be used to establish eligibility (without conducting an evaluation of the child) under 92 NAC 52 if those records indicate that the child's level of functioning in one or more of the developmental areas identified in 92 NAC 52-003.15 constitutes a developmental delay or that the child otherwise meets the criteria for an infant or toddler with a disability under 92 NAC 52-003.15 and 92 NAC 52-006.04.

006.05B1 If the child's eligibility is established under 92 NAC 52-006.05B, the school district or approved cooperative must conduct an assessment of the child in accordance with 92 NAC 52-006.07.

006.05B2 Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the school district or approved cooperative shall ensure that informed clinical opinion may be used as an independent basis to establish a child's eligibility even when other instruments do not establish eligibility; however, in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility under 92 NAC 52-006.06.

006.05C All evaluations and assessments of the child shall be conducted by qualified personnel, in a nondiscriminatory manner, and selected and administered so as not to be racially or culturally discriminatory.

006.05D Unless clearly not feasible to do so, school districts or approved cooperatives must conduct all evaluations and assessments of the child in the native language of the child, in accordance with the definition of native language in 92 NAC 52-003.17.

006.06 Procedures for Evaluation of the Child to Determine Eligibility

006.06A In conducting an evaluation, no single procedure may be used as the sole criterion for determining a child's eligibility. Procedures must include:

006.06A1 Administering an evaluation instrument;

006.06A2 Taking the child's history (including interviewing the parent);

006.06A3 Identifying the child's level of functioning in each of the developmental areas in 92 NAC 52-003.15 and 92 NAC 52-006.04.

006.06A4 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; and

006.06A5 Reviewing medical, educational, or other records.

006.07 Procedures for Assessment of the Child

006.07A An assessment of each infant or toddler with a disability must be conducted by qualified personnel in order to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs. The assessment of the child must include the following:

006.07A1 A review of the results of the evaluation conducted under 92 NAC 51-006.06;

006.07A2 Personal observations of the child; and

006.07A3 The identification of the child's needs in each of the developmental areas in 92 NAC 52-003.15 and 92 NAC 52-006.04.

006.08 If, based on the evaluation conducted under 92 NAC 52-006, the school district or approved cooperative determines that a child is not eligible, the school district or approved cooperative must provide the parent with prior written notice required in 92 NAC 52-009.03B and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms under 92 NAC 52-009.05 through 009.08, such as requesting a due process hearing or mediation or filing a State complaint.

006.09 Multidisciplinary Team Written Report

006.09A The team shall prepare a written report of the results of the child's evaluation and assessment.

006.09A1 The report shall include a statement of:

006.09A1a Whether the child qualifies as an infant or toddler with a disability based on the criteria and definitions contained in 92 NAC 52-006 or 92 NAC 51-006.04;

006.09A1b The basis for making the determination including the results of the evaluation; and

006.09A1c The child's unique strengths and needs in each of the developmental areas: cognitive development; physical development; communication development; social and emotional development and adaptive development;

006.09A1d A listing of the team members that must include the parent and individuals representing two or more separate disciplines pursuant to 92 NAC 52-003.20 and 92 NAC 52-003.16B.

006.09A2 Each team member shall certify in writing whether the report reflects his or her conclusion. If the report does not reflect his or her conclusion, the team member shall submit a separate statement presenting his or her conclusion.

006.10 A copy of the multidisciplinary team report shall be given to the parent and services coordinator at no cost consistent with 92 NAC 52-009.02F 3.

92 Neb. Admin. Code, ch. 52, § 006