1. (a) A child must be younger than 36 months of age and meet initial eligibility criteria to receive ECI services. Initial eligibility is established by:

   1. (1) documentation of a medically diagnosed condition that has a high probability of resulting in developmental delay;
   2. (2) meeting the TEA definition of deaf or hard of hearing or criteria for a visual impairment provided in 19 TAC §89.1040 (relating to Eligibility Criteria); or

   3. (3) a developmental delay, which must be evaluated as described in 34 CFR §303.321 and the delay is determined based on:

      1. (A) an evaluation using a standardized tool designated by HHSC ECI that indicates a delay of at least 25 percent in one or more of the following developmental areas:

         1. (i) communication;
         2. (ii) cognitive;
         3. (iii) gross motor;
         4. (iv) fine motor;
         5. (v) social emotional; or
         6. (vi) adaptive;
      2. (B) an evaluation using a standardized tool designated by HHSC ECI that indicates a delay of at least 33 percent if the child's only delay is in expressive communication; or
      3. (C) a qualitative determination of delay, as defined in §350.821 of this subchapter (relating to Qualitative Determination of Developmental Delay).
2. (b) A child must meet the same eligibility standards in subsection (a)(3)(A) or (a)(3)(B) of this section on the designated tool to qualify for a qualitative determination of delay unless the child has an adjusted age or chronological age of under three months.

Source Note:The provisions of this §350.809 adopted to be effective September 1, 2013, 38 TexReg 5524; amended to be effective March 7, 2015, 40 TexReg 939; amended to be effective June 30, 2019, 44 TexReg 3280; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941; amended to be effective February 13, 2025, 50 TexReg 772.