Developmental Delay

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511 IAC 7-41-6 Developmental delay (early childhood)

Sec. 6. (a) Developmental delay is a disability category solely for students who are at least three (3) years of age and not more than five (5) years of age, or five (5) years of age but not eligible to enroll in kindergarten. Developmental delay means a delay of either two (2) standard deviations below the mean in one (1) of the following developmental areas or one and one-half (1.5) standard deviations below the mean in any two (2) of the following developmental areas:

(1) Gross or fine motor development.

(2) Cognitive development.

(3) Receptive or expressive language development. 

(4) Social or emotional development.

(5) Self-help or other adaptive development.

(b) Eligibility for special education as a student with a developmental delay shall be determined by the student's CCC. This determination shall be based on the multidisciplinary team's educational evaluation report described in 511 IAC 7-40-5(e), which includes the following:

(1) An assessment of the developmental areas listed in subsection (a) that must include at least one (1) of the following:

(A) An individually administered norm-referenced assessment.

(B) If adequate information cannot be obtained via an individually administered norm-referenced assessment, a criterion-referenced assessment that:

(i) has been designed or may be adapted or modified for use with students who have a developmental delay or delays; and

(ii) is administered by a professional or team of professionals with knowledge of assessment strategies appropriate for the student.

(2) A social and developmental history that may include, but is not limited to, the following: 

(A) Communication skills.

(B) Social interaction skills.

(C) Play skills.

(D) Motor skills.

(E) Responses to sensory experiences.

(F) Relevant family and environmental information. 

(G) Patterns of emotional adjustment.

(H) Unusual or atypical behaviors.

(3) Available medical information that is developmentally relevant.

(4) A vision and hearing screening.

(5) A systematic observation of the student across various environments.

(6) Any other assessments and information, collected prior to referral or during the educational evaluation, necessary to:

(A) determine eligibility for special education and related services; and

(B) inform the student's CCC of the student's special education and related services needs

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