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IFSP Tutorial - Evaluation and Assessment

Legal Requirements for Evaluation and Assessment:

Essential Content for Legal Requirements

Page 12 of 14

Who can conduct and participate in the evaluation and assessment?

Evaluation & Assessment, Federal Regulations
[Sec. 303.22]

Federal regulations require that evaluation and assessment be conducted by qualified personnel.


(c) Evaluation and assessment of the child. The evaluation and assessment of each child must--

(4) Be conducted by personnel trained to utilize appropriate methods and procedures;
(2) Be based on informed clinical opinion …

Definitions, Federal Regulations [Sec. 303.22]
Qualified Personnel

As used in this part, qualified means that a person has met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the person is providing early intervention services.

Note: These regulations contain the following provisions relating to a State's responsibility to ensure that personnel are qualified to provide early intervention services:

1. Section 303.12(a)(4) provides that early intervention services must meet State standards. This provision implements a requirement that is similar to a longstanding provision under part B of the Act (i.e., that the State educational agency establish standards and ensure that those standards are currently met for all programs providing special education and related services).
2. Section 303.12(a)(3)(ii) provides that early intervention services must be provided by qualified personnel.
3. Section 303.361(b) requires statewide systems to have policies and procedures relating to personnel standards.

Evaluation & Assessment, Maryland Regulations [COMAR 13A .13.01.06]

Maryland regulations define qualified personnel and how they can attain suitable qualifications, and specify whom may participate in an evaluation.


D. Qualified personnel shall conduct a timely, comprehensive, multidisciplinary evaluation for a child, birth through 2 years old, referred for evaluation, in accordance with established local policies and procedures.

E. Other persons who have the opportunity to participate in the multidisciplinary evaluation process may include the child's parent or parents, other family members, as appropriate, and the interim case manager

Definition of qualified personnel & suitable qualifications
Definitions, Maryland Regulations: COMAR 13A .13.01.02

(36) "Qualified personnel," means persons who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the personnel are providing early intervention services.

(44) "Suitable qualifications" for personnel providing early intervention services in excess of 15 percent of employment hours means a minimum of 120 contact hours in the following competency areas:

(a) Infant and toddler development (typical and atypical);
(b) Infant and toddler assessment (instruments and procedures);
(c) Family assessment (identification of strengths/needs);
(d) Family systems issues;
(e) Early intervention service options and strategies;
(f) Team process; and
(g) Service coordination


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