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§ 52082. Procedures for Evaluation to Determine Eligibility.

17 CA ADC § 52082Barclays Official California Code of RegulationsEffective: May 12, 2022

Barclays California Code of Regulations
Title 17. Public Health
Division 2. Health and Welfare Agency--Department of Developmental Services Regulations
Chapter 2. Early Intervention Services
Subchapter 2. Program and Service Components
Article 2. Evaluation and Assessment
Effective: May 12, 2022
17 CCR § 52082
§ 52082. Procedures for Evaluation to Determine Eligibility.
Currentness
(a) The determination of eligibility for an infant or toddler shall be made by qualified personnel of the regional center or LEA. The determination shall be made with the participation of the multidisciplinary team including the parent.
(b) Evaluation to determine eligibility shall be based on informed clinical opinion, which may be used as an independent basis to establish an infant's or toddler's eligibility, and include the following procedures:
(1) A review of pertinent records related to the infant's or toddler's health status and medical history provided by qualified health professionals who have evaluated or assessed the infant or toddler;
(2) A review of educational or other early intervention records;
(3) Gathering information from other sources such as family members, other caregivers, medical providers, social workers, and educators as necessary to understand the full scope of the infant's or toddler's unique strengths and needs;
(4) Information obtained from parental observation and report; and,
(5) Evaluation by qualified personnel of the infant's or toddler's level of functioning in each of the following areas:
(A) Cognitive development;
(B) Physical and motor development, including vision and hearing;
(C) Communication development;
(D) Social or emotional development; and,
(E) Adaptive development.
(c) No single procedure shall be used as the sole criterion for determining an infant's or toddler's eligibility.
(d) In no event may informed clinical opinion by itself be used to negate the results of the evaluation instruments used to establish eligibility set forth in paragraph (b) of this section.
(e) Standardized tests or instruments may be used as part of the evaluation specified in 52082(b) above, and, if used, they shall:
(1) Be selected to ensure that, when administered to an infant or toddler with impaired sensory, motor or speaking skills, the tests produce results that accurately reflect the infant's or toddler's aptitude, developmental level, or any other factors the test purports to measure and not the infant's or toddler's impaired sensory, motor or speaking skills unless those skills are the factors the test purports to measure;
(2) Be validated for the specific purpose for which they are used.
(f) If standardized, normed or criterion referenced instruments are used as part of the evaluation specified in 52082(b) above, a significant difference between an infant's or toddler's current level of functioning and the expected level of development for his or her age shall be established when an infant's or toddler's age equivalent score falls one third below age expectation.
(g) Procedures and materials for evaluation and assessment of infants and toddlers shall be selected and administered so as not to be racially or culturally discriminatory.
(h) Infants or toddlers with solely low incidence disabilities shall be evaluated and assessed by qualified personnel of the LEA whose professional preparation, license or credential authorization are specific to the suspected disability.
(i) Regional centers, LEAs and multidisciplinary teams shall not presume or determine eligibility, including eligibility for medical services provided through the Department of Health Care Services, for any other state or local government program or service when conducting evaluations or assessments of an infant or toddler or their family.
(j) Evaluations for eligibility shall be conducted in natural environments whenever possible.

Credits

Note: Authority cited: Sections 95001, 95009 and 95028, Government Code. Reference: Sections 303.300(b) and (c), 303.113, 303.321, 303.322 and 303.344, Title 34 Code of Federal Regulations; and Sections 95014(a)(1) and 95016, Government Code.
History
1. New article 2 (sections 52082-52086) and section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsections (b) and (d)(2)(B) (Register 98, No. 5).
3. New article 2 (sections 52082-52086) and section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
4. New article 2 (sections 52082-52086) and section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-1-98 order, including amendment of section and Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).
6. Amendment of section heading and subsection (b) and new subsection (i) filed 1-14-2003; operative 2-13-2003 (Register 2003, No. 3).
7. Change without regulatory effect amending subsection (h) filed 9-24-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 39).
8. Amendment of section and Note filed 5-12-2022; operative 5-12-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 19).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 17, § 52082, 17 CA ADC § 52082
End of Document