ECI Update Special Education Directors Region 8 ESC

1. ECI Update Special Education Directors Region 8 ESC December 2011

2. Changes to Eligibility • 1) a medically diagnosed condition that has a high probability of resulting in developmental delay • http://www.dars.state.tx.us/ecis/resources/diagnoses.asp • Medical documentation • Need for early intervention services

3. Changes continued • (2) an auditory or visual impairment as defined by the Texas Education Agency rule at 19 TAC §89.1040 (relating to Eligibility Criteria).

4. Changes cont. • 3) a developmental delay that meets one of the following criteria:

5. (A) a documented delay of at least 25% in one or more of the following developmental areas: communication, cognitive, gross motor, fine motor, social emotional or adaptive; • (B) a documented delay of at least 33% for children whose only delay is in expressive language;

6. OR… (C)a qualitative determination of delay, as indicated by responses or patterns that are disordered or qualitatively different from what is expected for the child's age, and significantly interfere with the child's ability to function in the environment.

7. Qualitative determination • When the team finds, after administration, that the standardized test is inadequate to accurately represent the child's development, qualitative criteria for determining developmental delay are used. (25% or greater)

8. Eligibility New • Prematurity is now adjusted for up to 37 weeks and no more than 4 months when calculating percent of delay.

9. Prematurity Example • Child born at 27 weeks gestation and is 15 months old when initially assessed. • 40 weeks – 27 weeks = 13 weeks or 3.25 months • 15 months – 3.25 months= 11.75 months or 11 months adjusted age rounding down.

10. Eligibility Assessment • Battle Developmental Inventory-2 (BDI-2) is being used state wide to determine developmental eligibility. • HELP strands are being used for qualitative determinations after BDI-2

11. Eligibility Assessments cont. • Preschool Language Scales (PLS) MAY be used after BDI-2 when • The child appears to qualify based solely on language scores AND • The primary language is not English or there is a prominent second language in the environment.

12. Assessments • Speech, OT, and PT may still complete discipline specific assessments if they are determining a need for additional services. Example: Rossetti, Goldman-Fristoe

13. Medical Eligibility Assessment • Need for ECI services must be established either through 1) Completion of Functional Abilities, Strengths and Needs (Present Levels of Development (PLOD)) or 2) by using a comprehensive tools such as AEPS, HELP, Carolina Curriculum. No BDI-2 is required as long as the medical dx is current. ( See IFSP)

14. Continuing Eligibility(annual) • Medical see last slide • Developmental delay- BDI-2 - 15% delay in one or more area. • Qualitative see next slide

15. Qualitative • For children initially placed in ECI services under qualitative eligibility they must be reassessed after 6 months using the BDI-2 and must have a delay of 15% in one or more area to remain in services.

16. Hearing and Vision screens • No significant changes. Unless there is a documented medical need or child fails the ECI hearing /vision screens no further hearing or vision assessment will be conducted by ECI. • As with any other referral to IDEA-B LEAs will still need to have school nurse or other screeners complete hearing/vision screens.

17. Audiological Impairment • If ECI receives an audiological that indicates child has a hearing impairment- must refer within 5 business days to : 1) otologist, otolarymgologist or medical doctor and 2) To LEA TAC 108.905

18. Vision • If ECI receives a medical report that indicates vision impairment, ECI must refer within 5 business days to : 1) LEA 2) DARS- Division for Blind Services • Texas Eye Report must come with referral • TAC 108.907

19. Parent Consent Parental consent is required before either referral for AI or VI can be sent to LEA.

20. Transition • ECI is no longer required to send LEA “2yr old list.” • “Potentially Eligible Notification” sent at 90 days.

21. Transition • LEA notification of potentially eligible due 90 days before 3rd birthday. • If its late the ECI program must provide a written report to the LEA.

22. Transition IFSP teams determines “potentially eligible” (See ECI guidance document on “potentially eligible”) Parents can opt out of LEA notification ECI must participate in ARD meetings, LEA planning meetings etc. if parents request.

23. Transition Referral less than 45 days to 3rd birthday: • No transition steps/services plan are required. ECI can refer directly to LEA with parent approval. • No LEA Notification is required.

24. Transition For referrals made 90-45 days before 3rd birthday: • Explain LEA notification; give parents chance to opt out • ECI must comply with all other requirements regarding transition.

25. LEA transition Conference • ECI must: • Invite the LEA representative 14 days in advance. • Conduct the LEA Transition Conference even if LEA does not attend • Hold conference no later than 90 days before 3rd birthday except in cases where the child is referred less than 90 days prior to 3rd birthday.

26. the rules state… • (108.1217(e)) The 14-day timeline for inviting the LEA may be changed by written local agreement. If the contractor becomes aware of a consistent pattern of the LEA representative not attending transition conferences, the contractor must make efforts to meet with the LEA to reach a cooperative agreement to maximize LEA participation.

27. 108.1209 (d) With written parental consent, the contractor may send the LEA other pertinent records that would assist the LEA in determining eligibility, such as: (1) screening tools; (2) assessment tools; (3) evaluation tools; (4) medical information; (5) IFSPs; (6) progress notes; and (7) other information determined by local agreements.

28. Big Picture • Have an MOU that spells out what you need from ECI. • Because of the differences in assessment and eligibility between Part C & B – Part B eligibility may not be clear upon initial referral

29. It is a possibility that some children will not have BDI-2 or HELP- be prepared to complete further assessment to determine Part-B eligibility. Consider temporary placements.

30. Big Picture • Keep track of referral data. If a patterns emerge such as, consistent late referrals, LEA not receiving notification of transition conference, not getting referrals, etc.: • First- contact ECI program director THEN… • If needed contact the program manager.

31. contacting a program manager/Director • Be specific with problem. • Be prepared to give dates, data etc. • Such as: On these children John, Jane, Joe, give referral dates for each, no LEA transition conference notice was given.

32. Texas Administrative Code http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=40&pt=2&ch=108

33. http://www.cec.sped.org/Content/NavigationMenu/PolicyAdvocacy/IDEAResources/Celebrating_25_Years_of_Early_Childhood_Programs/PartCRegsSideBySideFULL.pdfhttp://www.cec.sped.org/Content/NavigationMenu/PolicyAdvocacy/IDEAResources/Celebrating_25_Years_of_Early_Childhood_Programs/PartCRegsSideBySideFULL.pdf Individuals With Disabilities Education Act Part C: Early Intervention Program for Infants and Toddlers With Disabilities Final Regulations Side-by-Side Comparison October 2011

34. ECI directors Kathy McCollum- Opportunities Inc. ECI 6101 North State Line Texarkana, TX, 75503 903-791-2288 kmccollum@oppinc.org Bowie, Cass, Camp, Morris, Franklin, Titus, Red River

35. Marion Co. Mary Lippencott Community HealthCORE ECI PO Box 6800 Longview, TX 75608 888-504-2229 mary.lippencott@communityhealthcore.com

36. Lamar, Delta, Hopkins Linda Horton ECI Texoma PO Box 1087 Sherman, TX 75091 903-957-4810 lhorton@mhmrst.org

37. DARS Program Managers Jennifer Borja-Smith for everybody but Joi and Kay Jennifer.Borja-Smith@dars.state.tx.us 512-424-6824 Joan Gerhardt- Joi and Kay Joan.Gerhardt@dars.state.tx.us 512-424-6783

38. Have Yourself a Merry Little Christmas! Janis McClure jmcclure@reg8.net