Section 388-823-0610. If I have another neurological or other condition similar to intellectual disability, how do I meet the definition of substantial limitations?

If you have an eligible condition of another neurological or other condition similar to intellectual disability, in order to meet the definition of substantial limitations you must have impairments in both intellectual abilities and adaptive skills which are separate from any impairment due to an unrelated mental illness, or emotional, social or behavioral disorder.

(1) For WAC 388-823-0600(1) evidence of substantial functional limitations requires documentation of (a) and (b) below:

(a) For impairment in intellectual abilities, either subitem (i) or (ii) or (iii) below:

(i) A FSIQ score of more than 1.5 standard deviations below the mean as described in WAC 388-823-0720 and subject to all of WAC 388-823-0720 and WAC 388-823-0730; or

(ii) If you are under the age of twenty, significant academic delays defined as delays of more than two standard deviations below the mean at the time of testing in both broad reading and broad mathematics; or

(iii) A statement by a licensed physician, a licensed psychologist, or a school psychologist that your condition is so severe that you are unable to demonstrate the minimal skills required to complete testing for a FSIQ.

(b) For impairment in adaptive skills, a score of more than two standard deviations below the mean per WAC 388-823-0740 and subject to all of WAC 388-823-0740 and WAC 388-823-0750.

(2) For WAC 388-823-0600(2) you do not need additional evidence of your substantial functional limitations if your eligible condition is solely due to your eligibility and participation in the medically intensive children program offered through DDA and defined in WAC 182-551-3000.

(3) For WAC 388-823-0600(3) evidence of substantial functional limitations requires documentation of (a) or (b) or (c) below:

(a) You are under the age of three and have one or more developmental delays per WAC 388-823-0770, or

(b) You are under the age of three and meet the ESIT eligibility requirements, or

(c) You are under the age of ten and have three or more developmental delays per WAC 388-823-0770.

[Statutory Authority: RCW 71A.12.030, 71A.12.120 and 74.08.090. WSR 14-12-046, § 388-823-0610, filed 5/29/14, effective 7/1/14. Statutory Authority: RCW 71A.10.020, 71A.12.030, 71A.12.050, 71A.12.070, 71A.16.020, 71A.16.030, 71A.16.040, 71A.16.050, and chapters 71A.10, 71A.12, and 71A.16 RCW. WSR 05-12-130, § 388-823-0610, filed 6/1/05, effective 7/2/05.]

RCW 71A.12.030, 71A.12.120 and 74.08.090. WSR 14-12-046, § 388-823-0610, filed 5/29/14, effective 7/1/14. Statutory Authority: RCW 71A.10.020, 71A.12.030, 71A.12.050, 71A.12.070, 71A.16.020, 71A.16.030, 71A.16.040, 71A.16.050, and chapters 71A.10, 71A.12, and 71A.16 RCW. WSR 05-12-130, § 388-823-0610, filed 6/1/05, effective 7/2/05.

Rules

388-823-0600,388-823-0720,388-823-0720,388-823-0730,388-823-0740,388-823-0740,388-823-0750,388-823-0600,182-551-3000,388-823-0600,388-823-0770,388-823-0770,