DHS 90.08(3)(b)11.11. Special education teachers, including early childhood special education needs teachers, vision teachers and hearing teachers, licensed through the department of public instruction;

DHS 90.08(3)(b)12.12. Speech and language pathologists with at least a master’s degree in speech and language pathology from an accredited institution of higher education and who are registered under ch. 459, Stats., or licensed under ch. 115, Stats., and ch. PI 34; and

DHS 90.08(3)(b)13.13. Other persons qualified by professional training and experience to perform the evaluation and determine eligibility.

DHS 90.08(4)(4) Eligibility. A child is eligible for early intervention services under the birth to 3 program if the EI team determines under sub. (5) that the child is developmentally delayed or under sub. (6) that the child has a diagnosed physical or mental condition which will likely result in developmental delay.

DHS 90.08(5)(a)(a) A determination of developmental delay shall be based upon the EI team’s clinical opinion supported by:

DHS 90.08(5)(a)1.1. A developmental history of the child and other pertinent information about the child obtained from parents and other caregivers;

DHS 90.08(5)(a)2.2. Observations made of the child in his or her daily settings identified by the parent, including how the child interacts with people and familiar toys and other objects in the child’s environment; and

DHS 90.08(5)(a)3.3. Except as provided under par. (b), a determination of at least 25% delay in one or more areas of development as measured by a criterion referenced instrument, or a score of 1.3 or more standard deviation below the mean in one or more areas of development as measured by a norm-referenced instrument, and interpreted by a qualified professional based on informed clinical opinion. In this subdivision, “areas of development” mean:

DHS 90.08(5)(b)(b) If the results of the formal testing under par. (a) 3. closely approach but do not equal the standard in par. (a) 3. for a developmental delay but observation by qualified personnel or parents indicates that some aspect of the child’s development is atypical and is adversely affecting the child’s overall development, the EI team may use alternative procedures or instruments that meet acceptable professional standards to document the atypical development and to conclude, based on informed clinical opinion, that the child should be considered developmentally delayed.

DHS 90.08 NoteNote: Examples of atypical developments are asymmetrical movement, variant speech and language patterns, delay in achieving significant interactive milestones such as exhibiting a pleasurable response to a caregiver’s attention, and presence of an unusual pattern of development such as a sleep disturbance or eating difficulties.

DHS 90.08(6)(6) Determination of diagnosed condition. A determination of high probability that a child’s diagnosed physical or mental condition will result in a developmental delay shall be based upon the EI team’s informed clinical opinion supported by a physician’s report documenting the condition. High probability implies that a clearly established case has been made for a developmental delay.

DHS 90.08 NoteNote: Examples of these diagnosed conditions are chromosomal disorders such as Down syndrome, birth defects such as spina bifida, significant or progressive vision or hearing impairment, neuromotor disorders such as cerebral palsy, postnatal traumatic events such as severe head injuries, severe emotional disturbances, dysmorphic syndromes such as fetal alcohol syndrome, addiction at birth, a maternal infection transmitted to the fetus such as AIDS, neurological impairments of unknown etiology such as autism, untreated metabolic disorders such as PKU and certain chronic or progressive conditions.

DHS 90.08(7)(a)(a) The service coordinator shall ensure that the parents of the child are involved and consulted throughout the entire evaluation process.

DHS 90.08(7)(b)1.1. Medical records and other health records concerning the child’s medical history and health status, including physical examination reports, results of vision and hearing screenings, hospital discharge records and specialty clinic reports;