Rule Changes in Early Intervention for Infants and Toddlers Who are Blind, Deafblind, or Have Low Vision

Authors: Mari Hubig, Special Education Specialized Support, Birth to 8 Specialist, Region 11 Education Service Center

In Texas, services for children with sensory impairments under the age of three are provided through a collaboration between Early Childhood Intervention (ECI) under the Health and Human Services Commission and the Texas Education Agency (TEA) via the local education agency (LEA) where the child lives. This collaboration exists because ECI is the state-designated lead agency for services to children ages birth to three in Texas; however, teachers of students with visual impairments (TVIs) and certified orientation and mobility specialists (COMS) are employed by the LEA. 

In July 2024, two significant changes were made to rules specific to children who are visually impaired and under age three. The first change was to the eligibility requirements.

Texas Administrative Code (TAC) §89.1040(12)(C)

This code outlines the eligibility criteria for special education services across twelve (12) distinct disability categories. Until the rule change in 2024, infants and toddlers were often expected to meet eligibility requirements developed for children ages three and older. The recent rule change added a subsection for visual impairment (VI) that provides specific eligibility requirements for birth to three. These children are eligible for ECI case management and services from a TVI and, if appropriate, a COMS under one of two criteria:

1. The child has a developmental delay that has been caused, at least in part, by the child’s visual impairment, or
2. The child has a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay. Sensory impairments are included in the definition of physical or mental condition. Note: A visual impairment is diagnosed through an eye exam conducted by a licensed ophthalmologist or optometrist.

Ultimately, this means that any child under the age of three with an identified visual impairment is eligible for some level of service from a TVI and often from a COMS. The child does not have to show a delay, and educational need is not part of the IDEA Part C eligibility criteria. Any other services that the child may be eligible for will be determined under ECI’s criteria for those conditions. A COMS is required to be at all meetings where VI eligibility is being established or determined, and this includes Individualized Family Service Plan (IFSP) meetings. This is regardless of whether the COMS will be providing services to the child and family.

The second change is in the process of school enrollment. After VI services are added to the IFSP for an infant or toddler, the child must be enrolled in their home school. This is for two reasons:

1. To show the need for specialized services from a special education teacher
2. For the district to receive funding for services to this child via the Public Education Information Management System (PEIMS)

According to the 2024-25 Student Attendance Accounting Handbook (SAAH), the following information is required to enroll an infant or toddler in school in Texas:

• Parent or guardian name
• Home address
• Child’s legal name
• Child’s date of birth
• Disability or disabilities for which the district will provide services
• Copy of the current IFSP showing a need for district services

ECI services must begin within 28 days after the IFSP has been signed, so it is important for schools to complete the enrollment process quickly. Schools are not permitted to require proof of age and identity such as a birth certificate, nor are they permitted to require current immunization records. ECI does not require this documentation to enroll a child, and most early intervention services are provided in the family home or in another community environment. If the young child is going to attend a program at the school, however, the family will have to provide the same enrollment documentation that any student attending school provides.

After enrollment, the child will be added to the Texas Student Data System (TSDS) which assigns a unique ID number that will be connected to the child’s records throughout their school years. Once this number has been assigned, the child will be added to PEIMS.

These changes made by the State Board of Education and the Texas Education Agency have greatly simplified the processes of establishing eligibility for early intervention services and enrolling young children with visual impairments in school. This allows these children and their families to access needed coaching and support from TVIs and COMS during their critical period for cognitive, communication, motor, social and emotional, self-help, and adaptive skill development.