ECI UPDATE SPECIAL
EDUCATION DIRECTORS
REGION 8 ESC
December 2011
CHANGES TO ELIGIBILITY
1) a medically diagnosed condition that has a
high probability of resulting in developmental delay
 http://www.dars.state.tx.us/ecis/resources/diagnoses.asp
 Medical documentation
 Need for early intervention services
CHANGES CONTINUED
(2) an auditory or visual impairment as
defined by the Texas Education Agency rule
at 19 TAC §89.1040 (relating to Eligibility
Criteria).
CHANGES CONT.
3) a developmental delay that
meets one of the following criteria:
(A) a documented delay of at least 25% in
one or more of the following developmental
areas: communication, cognitive, gross
motor, fine motor, social emotional or
adaptive;
(B) a documented delay of at least 33% for
children whose only delay is in expressive
language;
OR…
(C) a qualitative determination of delay, as
indicated by responses or patterns that are
disordered or qualitatively different from
what is expected for the child's age, and
significantly interfere with the child's ability
to function in the environment.
QUALITATIVE DETERMINATION
When the team finds, after administration, that
the standardized test is inadequate to accurately
represent the child's development, qualitative
criteria for determining developmental delay are
used. (25% or greater)
ELIGIBILITY NEW
Prematurity is now adjusted for
up to 37 weeks and no more than
4 months when calculating
percent of delay.
PREMATURITY EXAMPLE
Child born at 27 weeks gestation and is 15
months old when initially assessed.
40 weeks – 27 weeks = 13 weeks or 3.25
months
15 months – 3.25 months= 11.75 months or 11
months adjusted age rounding down.
ELIGIBILITY ASSESSMENT
Battle Developmental Inventory-2 (BDI2) is being used state wide to determine
developmental eligibility.
HELP strands are being used for
qualitative determinations after BDI-2
ELIGIBILITY ASSESSMENTS
CONT.
Preschool Language Scales (PLS) MAY be used
after BDI-2 when
The child appears to qualify based solely on
language scores AND
The primary language is not English or there is a
prominent second language in the environment.
ASSESSMENTS
Speech, OT, and PT may still
complete discipline specific
assessments if they are determining a
need for additional services.
Example: Rossetti, Goldman-Fristoe
MEDICAL ELIGIBILITY
ASSESSMENT
 Need for ECI services must be established either through
1) Completion of Functional Abilities, Strengths and Needs
(Present Levels of Development (PLOD)) or
2) by using a comprehensive tools such as AEPS, HELP,
Carolina Curriculum.
No BDI-2 is required as long as the medical dx is
current. ( See IFSP)
CONTINUING ELIGIBILITY
(ANNUAL)
Medical see last slide
Developmental delay- BDI-2 - 15%
delay in one or more area.
Qualitative see next slide
QUALITATIVE
For children initially placed in ECI
services under qualitative eligibility they
must be reassessed after 6 months using
the BDI-2 and must have a delay of 15%
in one or more area to remain in services.
HEARING AND VISION SCREENS
No significant changes. Unless there is a
documented medical need or child fails the ECI
hearing /vision screens no further hearing or vision
assessment will be conducted by ECI.
 As with any other referral to IDEA-B LEAs will still
need to have school nurse or other screeners
complete hearing/vision screens.
AUDIOLOGICAL
IMPAIRMENT
If ECI receives an audiological that
indicates child has a hearing impairment-
must refer within 5 business days to :
1) otologist, otolarymgologist or medical
doctor and
2) To LEA
TAC 108.905
VISION
If ECI receives a medical report that
indicates vision impairment, ECI must refer
within 5 business days to :
1) LEA 2) DARS- Division for Blind Services
Texas Eye Report must come with referral
TAC 108.907
PARENT CONSENT
Parental consent is required
before either referral for AI or
VI can be sent to LEA.
TRANSITION
ECI is no longer required to
send LEA “2yr old list.”
“Potentially Eligible
Notification” sent at 90 days.
TRANSITION
LEA notification of potentially eligible due
90 days before 3rd birthday.
If its late the ECI program must provide a
written report to the LEA.
TRANSITION
IFSP teams determines “potentially eligible”
(See ECI guidance document on “potentially eligible”)
Parents can opt out of LEA notification
ECI must participate in ARD meetings, LEA
planning meetings etc. if parents request.
TRANSITION
Referral less than 45 days to 3rd birthday:
 No transition steps/services plan are
required. ECI can refer directly to LEA with
parent approval.
No LEA Notification is required.
TRANSITION
For referrals made 90-45 days before 3rd birthday:
Explain LEA notification; give parents chance to
opt out
 ECI must comply with all other requirements
regarding transition.
ECI must:
LEA TRANSITION
CONFERENCE
Invite the LEA representative 14 days in advance.
Conduct the LEA Transition Conference even if LEA
does not attend
Hold conference no later than 90 days before 3rd
birthday except in cases where the child is referred less
than 90 days prior to 3rd birthday.
THE RULES STATE…
(108.1217(e)) The 14-day timeline for inviting the LEA
may be changed by written local agreement. If the
contractor becomes aware of a consistent pattern of the
LEA representative not attending transition conferences,
the contractor must make efforts to meet with the LEA to
reach a cooperative agreement to maximize LEA
participation.
108.1209 (d) With written parental consent, the
contractor may send the LEA other pertinent
records that would assist the LEA in determining
eligibility, such as:
(1) screening tools;
(2) assessment tools;
(3) evaluation tools; (4) medical information;
(5) IFSPs; (6) progress notes; and (7) other
information determined by local agreements.
BIG PICTURE
Have an MOU that spells out what you need from
ECI.
Because of the differences in assessment and
eligibility between Part C & B – Part B eligibility may
not be clear upon initial referral
It is a possibility that some children will not
have BDI-2 or HELP- be prepared to
complete further assessment to
determine Part-B eligibility. Consider
temporary placements.
BIG PICTURE
Keep track of referral data. If a patterns emerge
such as, consistent late referrals, LEA not receiving
notification of transition conference, not getting
referrals, etc.:
First- contact ECI program director THEN…
If needed contact the program manager.
CONTACTING A PROGRAM
MANAGER/DIRECTOR
Be specific with problem.
Be prepared to give dates, data etc.
Such as: On these children John, Jane,
Joe, give referral dates for each, no LEA
transition conference notice was given.
Texas Administrative Code
TITLE 40
PART 2
CHAPTER 108
SOCIAL SERVICES AND
ASSISTANCE
DEPARTMENT OF
ASSISTIVE AND
REHABILITATIVE
Texas Administrative
Code
SERVICES
DIVISION FOR EARLY
CHILDHOOD
INTERVENTION SERVICES
http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=4&ti=40&pt=2&ch=108
http://www.cec.sped.org/Content/NavigationMenu/PolicyAdvocacy/IDE
AResources/Celebrating_25_Years_of_Early_Childhood_Programs/PartCR
egsSideBySideFULL.pdf
Individuals With Disabilities Education Act
Part C: Early Intervention Program for
Infants and Toddlers With Disabilities
Final Regulations
Side-by-Side Comparison
October 2011
ECI DIRECTORS
Kathy McCollum- Opportunities Inc. ECI
6101 North State Line
Texarkana, TX, 75503
903-791-2288
kmccollum@oppinc.org
Bowie, Cass, Camp, Morris, Franklin, Titus, Red River
MARION CO.
Mary Lippencott
Community HealthCORE ECI
PO Box 6800
Longview, TX 75608
888-504-2229
mary.lippencott@communityhealthcore.com
LAMAR, DELTA, HOPKINS
Linda Horton
ECI Texoma
PO Box 1087
Sherman, TX 75091
903-957-4810
lhorton@mhmrst.org
DARS PROGRAM MANAGERS
Jennifer Borja-Smith for everybody but Joi and Kay
Jennifer.Borja-Smith@dars.state.tx.us
512-424-6824
Joan Gerhardt- Joi and Kay
Joan.Gerhardt@dars.state.tx.us
512-424-6783
Have Yourself a
Merry Little
Christmas!
Janis McClure
jmcclure@reg8.net