1. (a) When a child does not meet program eligibility criteria in the MD or DD categories of program eligibility but there are still concerns about the child’s functioning and ability to participate and, or, or both use age-appropriate skills, the child may be determined program eligible using the informed clinical opinion (ICO) of the IFSP team only as defined and outlined in Part C of the IDEA.

2. (b) The informed clinical opinion of the IFSP team includes a review of additional information and documentation to include (but not limited to):

   1. (1) Child’s initial COS 1-7 number rating demonstrating a concern (rating of 6 or below in any one area);
   2. (2) Child’s ability to engage in and participate in typical activities as determined by MEISR results (independence and engagement) and parent or other caregiver report;
   3. (3) Results of any developmental screening conducted during the program eligibility process;
   4. (4) Delays documented on the CMDE below twenty-five percent (25%) in any developmental domain but still demonstrating a concern or delay and, or, or both delays above twenty-five percent (25%) in a communication or physical subdomain when the developmental domain score is below twenty-five percent (25%).
3. (c) The informed clinical opinion of the IFSP team cannot be used to negate the results of the CMDE.
4. (d) The informed clinical opinion of the IFSP team must also include a statement of how the child is program-eligible in the ICO only category of program eligibility (i.e., includes a descriptive statement of why this child qualifies for early intervention).

Codification Notes: Part C of the Individuals with Disabilities Education Act (IDEA) is codified at 20 U.S.C. § 1431 et seq. "COS" means Child Outcomes Summary. "DD" means developmental delay. "MD" means medical diagnosis. "MEISR" means Measure of Engagement, Independence, and Social Relationships.