1. (a)

   1. (1)

      1. (A) “Developmental disability” means an impairment of general intellectual functioning or adaptive behavior.
      2. (B) For individuals over age five (5), developmental disability is established by scores of intelligence on standardized intelligence tests administered by a legally qualified professional.
      3. (C) For individuals ages three through five (3 – 5), developmental disability is established by a standardized assessment evidencing that the applicant functions on a level two (2) or more standard deviations from the mean in two (2) or more areas.
      4. (D) For individuals ages zero to thirty-six (0 – 36) months, developmental disability is established by a standardized assessment instrument assessing cognition, communication, social/emotional, motor, and adaptive that yields scores in months and that evidences a twenty-five percent (25%) delay.

   2. (2) The delay is attributable to:

      1. (A)

2. (i) Intellectual disability, cerebral palsy, epilepsy, autism, spina bifida, or Down Syndrome as established by significant intellectual limitations that exist concurrently with deficits in adaptive behavior that are manifested before the age of twenty-two (22).

   1. (ii) “Significant limitations” means a full-scale intelligence score of approximately seventy (70) or below as measured by a standard test:
3. (a) (a) Infant/preschool, zero to five (0 – 5) years, as established by developmental scales administered by qualified personnel authorized in the manual accompanying the instrument used, which indicate impairment of general functioning similar to that of a developmentally disabled person;

4. (b) (b) Cerebral palsy, as established by the results of a medical examination provided by a licensed physician;

   1. (c) (c) Epilepsy, as established by the results of a neurological examination provided by a licensed physician;

      1. (d) (d) Autism, as established by the results of a team evaluation including at least a licensed physician, a licensed psychologist or psychological examiner, and a licensed speech pathologist;
5. (e) (e) Spina bifida, as established by the results of a medical examination provided by a licensed physician; and

6. (f) (f) Down Syndrome, as established by the results of a medical examination provided by a licensed physician.

   1. (iii)
7. (a) (a) Note. Each of these four (4) conditions is sufficient for determination of eligibility independent of each other.

8. (b) (b) This means that a person who is intellectually disabled does not have autism, epilepsy, cerebral palsy, Down Syndrome, or spina bifida.

   1. (c) (c) Conversely, a person who has autism, cerebral palsy, epilepsy, spina bifida, or Down Syndrome does not have to have a diagnosis of intellectual disability to receive services;

      1. (B)

         1. (i) Any other condition of a person found to be closely related to intellectual disabilities because the results in impairment of general intellectual functioning or adaptive behavior are similar to those of persons with intellectual disabilities or requires treatment and services similar to those required for such persons.
         2. (ii) This determination must be based on the results of a team evaluation including at least a licensed physician and a licensed psychologist; or
      2. (C) Dyslexia resulting from intellectual disability, cerebral palsy, epilepsy, spina bifida, Down Syndrome, or autism by the results of a team evaluation including at least a licensed physician and a licensed psychologist.
9. (b) The disability must originate prior to the date the person attains the age of twenty-two (22).

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "II. SUBSTANTIVE RULES:"