(1) Definition. An infant or toddler who is developmentally delayed is defined as a child from birth through two years of age who has a delay in one (1) or more of the following developmental domains:

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Terms Used In Florida Regulations 6A-6.03031

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
    (a) Adaptive development;
    (b) Cognitive development;
    (c) Communication development;
    (d) Social or emotional development; and,
    (e) Physical development;
    (2) Criteria for eligibility. An infant or toddler with a developmental delay is eligible for exceptional student education when a team of qualified professionals and the parent or guardian in accordance with subsection 6A-6.0331(6), F.A.C., determine that all the following criteria are met:
    (a) The child is below the age of thirty-six (36) months; and,
    (b) There is documentation of one of the following:
    1. A score of 1.5 standard deviations below the mean in two (2) or more developmental domains as measured by at least one (1) appropriate diagnostic instrument and procedures, and informed clinical opinion; or
    2. A score of 2.0 standard deviations below the mean in one (1) developmental domain as measured by at least one (1) appropriate diagnostic instrument and procedures, and informed clinical opinion; or
    3. Based on informed clinical opinion a determination has been made that a developmental delay exists.
    (c) The requirements of subsection 6A-6.0331(2), F.A.C., have been met; and,
    (d) There is written evidence that the Department of Health, Children’s Medical Services, Part C Local Early Steps has determined that the infant or toddler has a developmental delay as defined in paragraph (2)(b) of this rule; and,
    (e) The infant or toddler needs early intervention services as defined in Fl. Admin. Code R. 6A-6.03411(1)(i)
    (3) Continued eligibility. Continued eligibility for exceptional student education shall be determined before the child’s third birthday in accordance with Fl. Admin. Code R. 6A-6.03026
Rulemaking Authority 1001.02, 1003.01, 1003.21, 1003.57 FS. Law Implemented 1003.01, 1003.21 FS. History-New 11-29-93, Amended 4-4-13.