Idaho Admin. Code r. 16.03.10.501
The definitions and standards in the table below must be used to determine whether a participant meets criteria as a person with a developmental disability under Section 66-402, Idaho Code.
TABLE 501 - DEVELOPMENTAL DISABILITY DETERMINATION STANDARDS | |
Definition | Standards |
"Developmental Disability" means a chronic disability of a person that appears before the age of 22 years and: | Age of 22 means through the day before the individual's 22nd birthday. AND |
(a) is attributable to an impairment, such as an intellectual disability; | "Is attributable to an impairment" means that there is a causal relationship between the presence of an impairing condition and the developmental disability. Age 5 through Adult: There is a presumption that an intellectual disability exists when a full scale IQ score up to 75 exists. (IQ of 70 with a standard error of measurement of 5 points.) Birth to Age 5: An IQ test score is not required below the age of 5. In these cases it may be necessary to rely on the results of a functional assessment. There is a presumption that an intellectual disability exists when there is a standard score of 75 or below or a delay of 30% overall. |
cerebral palsy; | Medical Diagnosis that requires documentation. |
epilepsy; | Medical Diagnosis that requires documentation. On medication controlled or uncontrolled. Does not include a person who is seizure-free and not on medication for 3 years. |
autism; | Includes the diagnosis of pervasive developmental disorder. |
or other condition found to be closely related to or similar to one of these impairments that requires similar treatment or services; | For related or similar conditions, documentation must be present to show the causal relationship between the impairing condition and the developmental disability. (Does not include mental illness) Intellectual Disability: A full scale IQ score above 75 can in some circumstances be considered a related or similar condition to an intellectual disability when additional supporting documentation exists showing how the individual's functional limitations make their condition similar to an intellectual disability. Cerebral Palsy: Conditions related or similar to cerebral palsy include disorders that cause a similar disruption in motor function. Epilepsy: Conditions related or similar to epilepsy include disorders that interrupt consciousness. |
or is attributable to dyslexia resulting from such impairments; and | AND |
(b) results in substantial functional limitations in three (3) or more of the following major life activities: | "Results in" means that the substantial limitation must be because of the impairment. A "substantial" limitation is one in which the total effect of the limitation results in the need for a "combination and sequence of special interdisciplinary, or generic care, treatment or other services that need to be individually planned and coordinated." Listed below are standards for substantial functional limitations in each major life area. Age 3 through Adult: A score of 2 standard deviations below the mean creates a presumption of a functional limitation. Birth to Age 3: The following criteria must be utilized to determine a substantial functional limitations for children under 3: a. The child scores 30% below age norm; or b. The child exhibits a 6 month delay; or c. The child scores 2 standard deviations below the mean. |
self care; | Adult: A substantial functional limitation is manifest when the person requires physical or non-physical assistance in performing eating, hygiene, grooming, or health care skills, or when the time required for a person to perform these skills him/her self is so substantial as to impair their ability to conduct other activities of daily living or retain employment. Birth to Age 21: A functional limitation is manifest when the child's skills are limited according to age-appropriate responses such that the parent, caregiver, or school personnel is required to provide care that is substantially beyond that typically required for a child of the same age (such as excessive time lifting, diapering, supervision). |
receptive and expressive language; | Age 3 through Adult: A substantial functional limitation is manifest when a person is unable to communicate effectively without the aid of a third person, a person with special skills, or without an assistive device (such as sign language). Birth to Age 3: A substantial functional limitation is manifest when they have been diagnosed by a qualified professional who determines that the child performs 30% below age norm (adjusted for prematurity up to 2 years) or demonstrates at least 2 standard deviations below the mean in either area or 1 1/2 below in both areas of language development. |
learning; | Birth through Adult: A substantial functional limitation is manifest when cognition, retention, reasoning, visual or aural communications, or other learning processes or mechanisms are impaired to the extent that special (interventions that are beyond those that an individual normally needs to learn) intervention is required for the development of social, self care, language, academic, or vocational skills. |
mobility; | Adult: A substantial functional limitation is manifest when fine or gross motor skills are impaired to the extent that the assistance of another person or an assistive device is required for movement from place to place. Birth to Age 21: A substantial limitation would be measured by an age appropriate instrument that compares the child's skills for postural control and movement and coordinated use of the small muscles with those skills expected of children of the same age. |
self-direction; | Adult: A substantial functional limitation is manifest when a person requires assistance in managing their personal finances, protecting their self interest, or making decisions that may affect their well being. Birth to Age 21: A substantial limitation is manifest when the child is unable to help themself or cooperate with others age appropriate assistance to meet personal needs, learn new skills, follow rules, and adapt to environments. |
capacity for independent living; or | Adult: A substantial functional limitation is manifest when, for a person's own safety or well-being, supervision or assistance is required, at least on a daily basis, in the performance of health maintenance, housekeeping, budgeting, or leisure time activities and in the utilization of community resources. Birth to Age 21: A substantial limitation would be measured by an age-appropriate instrument that compares the child's personal independence and social responsibility expected of children of comparable age and cultural group. |
economic self-sufficiency; and | Adult: A substantial functional limitation is manifest when a person is unable to perform the tasks necessary for regular employment or is limited in productive capacity to the extent that their earned annual income, after extraordinary expenses occasioned by the disability, is insufficient for self-support. Age 5 to Age 21: Use the pre-vocational area of a standardized functional assessment to document a limitation in this area. Birth to Age 5: A substantial limitation in this area is evidenced by the child's eligibility for SSI, early intervention, or early childhood special education under the Individuals with Disabilities Education Act (IDEA). AND |
(c) reflects the needs for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of life-long or extended duration and individually planned and coordinated. | Age 5 through Adult: Life-long or extended duration means the developmental disability is one that has the reasonable likelihood of continuing for a protracted period of time, including a reasonable likelihood that it will continue throughout life. Birth to Age 5: The expected duration may be frequently unclear. Therefore, determination of eligibility by a multi-disciplinary team for early intervention services through SSI, an IFSP, child study team or early childhood special education services through an IEP will be an indicator of this criteria. |
(3-17-22)
Idaho Admin. Code r. 16.03.10.501