Texas Register, Volume 38, Number 21, Pages 3215-3396, May 24, 2013 Page: 3,316
3215-3396 p. ; 28 cm.View a full description of this periodical.
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(1) document in the IFSP a justification of how the child
will benefit from delivering the specified services with the routine care-
giver as required in 108.1015(d) (relating to Content of the IFSP);
(2) document the names of the routine caregivers in the
child's record;
(3) obtain written parental consent before releasing person-
ally identifiable information to the routine caregiver; and
(4) obtain written authorization from the parent to provide
early childhood intervention services with the routine caregiver.
108.1019. Annual Meeting to Evaluate the IFSP
(a) The annual meeting to evaluate the IFSP is done following
determination of continuing eligibility. In addition to all requirements
in 34 CFR 303.342 (relating to Procedures for IFSP development,
review, and evaluation), the documentation of an Annual Meeting to
Evaluate the IFSP must meet the requirements for Complete Review
and include a documented team discussion of:
(1) a current description of the child including:
(A) reviews of the current evaluations and other in-
formation available from ongoing assessment of the child and family
needs;
(B) health, vision, hearing, and nutritional status; and
(C) present level of development related to the three an-
nual child outcome ratings found in 108.1301 of this chapter (relating
to Purpose);
(2) progress toward achieving the IFSP outcomes; and
(3) any needed modification of the outcomes and early
childhood intervention services.
(b) Services provided under an IFSP that has not been evalu-
ated and is not based on a current evaluation and current assessment of
needs are not fully approved ECI services.
(1) If the contractor is at fault, DARS may disallow and
recoup expenditures.
(2) If the parent has not consented to or has not cooperated
with the re-determination of eligibility, the contractor must follow the
procedures in 108.803(d) of this title (relating to Eligibility).
(3) If the parent fails to consent or fails to cooperate in
necessary re-evaluations or re-assessments, no developmental delay or
needs may be legitimately determined. The contractor must send prior
written notice that the child has no documented current delay or no
documented current needs at least 14 days before the contractor dis-
continues services on the IFSP, unless the parent:
(A) immediately consents to and cooperates with all
necessary evaluations and assessments; and
(B) consents to all or part of a new IFSP.
(c) The parent retains procedural safeguards including the
rights to use local and state complaint processes, request mediation,
or request an administrative hearing pursuant to 101.1107 of this
title (relating to Administrative Hearings Concerning Individual Child
Rights).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on May 13, 2013.
TRD-201301915Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: June 23, 2013
For further information, please call: (512) 424-4050
40 TAC 108.1013, 108.1017, 108.1021
(Editor's note: The text of the following sections proposed for repeal
will not be published The sections may be examined in the offices
of the Department of Assistive and Rehabilitative Services or in the
Texas Register office, James Earl Rudder Building, 1019 Brazos Street,
Austin, Texas.)
The proposed repeals are authorized by the Texas Human Re-
sources Code, Chapters 73 and 117; and the Individuals with
Disabilities Education Act, as amended, 20 USC 1400 et seq.,
and its implementing regulations, 34 CFR Part 303, as amended.
The repeals are proposed pursuant to HHSC's statutory rule-
making authority under Texas Government Code, Chapter 531,
531.0055(e), which provides the Executive Commissioner of
HHSC with the authority to promulgate rules for the operation
and provision of health and human services by health and hu-
man services agencies.
No other statute, article, or code is affected by this proposal.
108.1013. Participants in Periodic Reviews.
108.1017. Complete Periodic Review.
108.1021. Partial Review of the IFSP
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on May 13, 2013.
TRD-201301916
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: June 23, 2013
For further information, please call: (512) 424-4050
SUBCHAPTER K. SERVICE DELIVERY
40 TAC 108.1103, 108.1105, 108.1106, 108.1108, 108.1111
The proposed amendments and new rules are authorized by
the Texas Human Resources Code, Chapters 73 and 117; and
the Individuals with Disabilities Education Act, as amended, 20
USC 1400 et seq., and its implementing regulations, 34 CFR
Part 303, as amended. The amendments and new rules are
proposed pursuant to HHSC's statutory rulemaking authority un-
der Texas Government Code, Chapter 531, 531.0055(e), which
provides the Executive Commissioner of HHSC with the author-
ity to promulgate rules for the operation and provision of health
and human services by health and human services agencies.
No other statute, article, or code is affected by this proposal.
108.1103. Early Childhood Intervention Services Delivery.
(a) Early childhood intervention services needed by the child
must be initiated in a timely manner and delivered as planned in the
IFSP. Only qualified staff members, as described in Subchapter C of38 TexReg 3316 May 24, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 21, Pages 3215-3396, May 24, 2013, periodical, May 24, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313174/m1/100/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.