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]
require that evaluation and assessment be conducted
by qualified personnel.
(c) Evaluation and assessment of the child. The evaluation and assessment of
(4) Be conducted by personnel trained to utilize appropriate methods
(2) Be based on informed clinical opinion …
Definitions, Federal Regulations [Sec. 303.22]
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
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
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]
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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