Noncategorical Early Childhood
What is Required
A student must be assessed under the IDEA in all areas of suspected disability. A student between the ages of 3 through 5 can be considered for any disability category. However, if the student between the ages of 3 to 5 is evaluated as having an intellectual disability, an emotional disturbance, a specific learning disability, or autism, the student may be eligible for special education services based on the noncategorical early childhood (“NCEC”) disability category.
To determine eligibility under NCEC, the District or Campus Assessment Personnel will comply with the general evaluation procedures. See [EVALUATION PROCEDURES]. However, the group of qualified professionals that determines the student’s eligibility for NCEC must include the applicable members for intellectual disability, emotional disturbance, specific learning disability, or autism. See [INTELLECTUAL DISABILITY] and [EMOTIONAL DISTURBANCE] and [SPECIFIC LEARNING DISABILITY], and [AUTISM]. In addition, students who are eligible based on the NCEC category must be reevaluated prior to their sixth birthday to determine continued eligibility for special education services.
The evaluation data reviewed by the group of qualified professionals in connection with the determination of the student’s disability based on noncategorical must comply with applicable evaluation procedures of deaf or hard of hearing and visual impairment. See [DEAF OR HARD OF HEARING] and [VISUAL IMPAIRMENT].
Additional Procedures
When young children ages 3, 4, and 5 are initially evaluated, assessment can be challenging because of their short attention spans and varied and limited educational and sociological experiences.
As such, under the IDEA, younger students may be eligible for special education and related services under a broader disability category called “developmental delay,” and states can choose what to call this general category, how they define it, and what age range it applies to. In Texas, this category is called Non-Categorical Early Childhood (NCEC). A child between the ages of 3-5 may be described as NCEC if he or she meets the eligibility criteria for having the condition of one of the following:
• Intellectual Disability – NCEC-ID
• Emotional Disturbance – NCEC-ED
• Specific Learning Disability – NCEC-SLD
• Autism – NCEC-AU.
A multi-disciplinary team will evaluate a student who is 3, 4 or 5 who is referred due to a suspected disability and may find the student eligible by meeting the eligibility criteria for NCEC-ID, NCEC-ED, NCEC-SLD, or NCEC-AU. In making a decision to identify a child as NCEC, the multidisciplinary team, which includes an LSSP and an educational diagnostician (or other certified or licensed practitioner with experience and training in the area of the disability), may consider the following during the assessment:
• The age of the child;
• The child’s functioning level;
• The child’s access to educational experiences;
• The child’s access to sociological experiences;
• Cultural and linguistic differences; and
• Ensure that the assessment methods used are appropriate for the young student.
All Assessment Personnel on the multi-disciplinary team who evaluate students 6 years of age or younger will be trained regarding best practices for the assessment of young children, the availability and appropriateness of when to use the NCEC eligibility, and the requirements for the 6-year reevaluation.
Upon the determination of NCEC, the The District will provide appropriate special education and related services to a young student who has been evaluated and meets one of these eligibility criteria to address the effects the disability or delay may have on the student. It is expected for children that have had the supports provided by special education to increase their attention spans, increase their knowledge, and improve their working memory when they are nearing the age of 6.
As such, prior to the student’s sixth birthday, the student’s ARD Committee will reevaluate the student by conducting a REED and any formal assessment necessary, remove the noncategorical label, and determine whether or not the student continues to meet eligibility for special education and, if so, in which eligibility area. The ARD Committee, including appropriate Assessment Personnel, will take into consideration the following items:
Educational opportunities and support given to the student since entering school and how the student has progressed;
Current testing data; and
Parent information including private or outside evaluations the family has obtained for their student.
If the student does not meet the eligibility criteria for NCEC, or any other eligibility criteria under the IDEA, or does not need special education or related services due to his/her disability, Campus Personnel should refer the student to the Campus or District Personnel responsible for compliance with Section 504 to determine whether the student is eligible for accommodations or services as a student with a disability under Section 504.
Upon completion of an evaluation for a 3, 4 or 5 year old when an intellectual disability, an emotional disturbance, a specific learning disability, or autism are being considered, each member of the evaluation team shall sign the FIE. If the student is eligible for special education as a student with a NCEC, a Disability Report in this area will be completed.
The District will conduct all necessary initial evaluations and reevaluations to identify this disability condition in accordance with state and federal laws. See [EVALUATION PROCEDURES].
The District will maintain documentation requirements of compliance associated with Texas Student Data System (TSDS), Public Education Information Management System (PEIMS), and State Performance Plan (SPP). The Special Education Administrator in coordination with the PEIMS Coordinator shall ensure that the correct coding is used TSDS/PEIMS for all students identified with NCEC and will ensure that the code is removed when the student turns six years of age. District staff will provide training, with follow up, to ensure the documentation required is in place and compliant.
Evidence of Implementation
Notice of Evaluation
Consent for Evaluation
Referral Information
FIE
Disability Report: Intellectual Disability
ARD/IEP
Documentation for the state in TSDS, PEIMS, and SPP
Resources
Technical Assistance: Child Find and Evaluation- Texas Education Agency
Noncategorical Early Childhood - SPEDTEX
Citations
34 CFR 300.30(c)(4); 19 TAC 89.1040(b), 89.1050(c)