If you have an eligible condition of another neurological or other condition similar to intellectual disability, in order to meet the definition of substantial functional 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 subsection (i) or (ii) or (iii) of this section:
(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 an FSIQ.
(b) For impairment in adaptive skills, a score of more than two standard deviations below the mean under 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 fee-for-service medically intensive children program under chapter
182-551 WAC.
(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 under WAC
388-823-0770;
(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 under WAC
388-823-0770.
[Statutory Authority: RCW
71A.12.030 and
71A.10.020. WSR 18-15-046, § 388-823-0610, filed 7/13/18, effective 8/13/18. 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.]