1. (a) The interdisciplinary team must document eligibility decisions regarding a child on an eligibility statement containing the elements required by HHSC ECI.

2. (b) The eligibility statement must document the eligibility criteria that applies to the child. Only one of the following eligibility types may be listed on the eligibility statement:

   1. (1) a qualifying medical diagnosis;
   2. (2) meeting the criteria for deaf or hard of hearing or a visual impairment as defined by the TEA; or
   3. (3) completion of the elements required by HHSC ECI for a determination of developmental delay.

3. (c) The eligibility statement must be:

   1. (1) completed for every child evaluated;
   2. (2) maintained in the child's record; and
   3. (3) updated when eligibility is re-determined.

4. (d) The eligibility statement is valid:

   1. (1) for 12 months if the child is younger than 21 months of age when eligibility is determined;
   2. (2) until the child's third birthday for a child whose eligibility was determined at 21 months of age or older; or
   3. (3) for six months from the initial eligibility determination if eligibility was based on a qualitative determination of developmental delay.
5. (e) If new information about additional qualifying criteria is discovered, the new information is documented in the child's record. The eligibility statement does not need to be changed or updated until eligibility is re-determined.

Source Note:The provisions of this §350.825 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.