Texas Register, Volume 38, Number 21, Pages 3215-3396, May 24, 2013 Page: 3,299
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Subchapter P, Contract Requirements: DARS proposes new
108.1619 to establish requirements for renewing a DARS ECI
contract.
Subchapter P, Contract Requirements: DARS proposes new
108.1621, Financial Management and Recordkeeping Re-
quirements, to move the content of current 108.1613, Financial
Management and Recordkeeping Requirements; and to em-
phasize federal requirements related to IDEA as payor of last
resort and coordination of funding sources, as directed by the
US Department of Education.
Subchapter P, Contract Requirements: DARS proposes new
108.1623, Data Collection and Reporting, to move content of
current 108.1615, Data Collection and Reporting; and make
technical corrections.
Subchapter P, Contract Requirements: DARS proposes new
108.1625, Local Reporting, to move content of current
108.1617, Local Reporting.
FISCAL NOTE
Mary Wright, DARS chief financial officer, has determined that for
each year of the first five years that the proposed amendments,
repeals, and new rules will be in effect, there is no fiscal impact
expected as a result of enforcing or administering the proposed
amendments, repeals, and new rules.
PUBLIC BENEFIT
Ms. Wright also has determined that for each year of the first five
years the proposed amendments, repeals, and new rules will be
in effect, the public benefit anticipated as a result of enforcing the
proposal will be assurances to the public that the necessary rules
are in place to provide clear guidance to ECI contractors and
families, relating to the compliance of DARS and ECI contrac-
tors with federal regulations. Ms. Wright has also determined
that there is no probable economic cost to persons who are re-
quired to comply with the proposed amendments, repeals, and
new rules.
SMALL AND MICRO-BUSINESS ANALYSIS AND ECONOMIC
COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOY-
MENT
Further, in accordance with Texas Government Code,
2001.022, Ms. Wright has determined that the proposed
amendments, repeals, and new rules will not affect a local econ-
omy, and, therefore, no local employment impact statement is
required. Finally, Ms. Wright has determined that the proposed
amendments, repeals, and new rules will have no adverse
economic effect on small businesses or micro-businesses.
REGULATORY ANALYSIS
DARS has determined that this proposal is not a "major envi-
ronmental rule" as defined by Government Code, 2001.0225.
"Major environmental rule" is defined to mean a rule the spe-
cific intent of which is to protect the environment or reduce risk
to human health from environmental exposure and that may ad-
versely affect, in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment or the
public health and safety of a state or a sector of the state. This
proposal is not specifically intended to protect the environment
or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
DARS has determined that the proposed amendments, repeals,
and new rules do not restrict or limit an owner's right to his or herproperty that would otherwise exist in the absence of government
action and, therefore, does not constitute a taking under Texas
Government Code, 2007.043.
PUBLIC COMMENT
Written comments on the proposed amendments, repeals, and
new rules may be submitted within 30 days of publication of this
proposal in the Texas Register to Rules Coordinator, Texas De-
partment of Assistive and Rehabilitative Services, 4800 North
Lamar Boulevard, Suite 340, Austin, Texas 78756 or electroni-
cally to DARSRules@dars.state.tx.us.
SUBCHAPTER A. GENERAL RULES
40 TAC 108.103
STATUTORY AUTHORITY
The proposed amendment is 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.
These amendments are proposed pursuant to HHSC's statutory
rulemaking 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 human
services agencies.
No other statute, article, or code is affected by this proposal.
108.103. Definitions.
The following words and terms, when used in this chapter, will have
the following meanings, unless the context clearly indicates otherwise.
(1) Assessment--As defined in 34 CFR 303.321(a)(2)(ii),
the ongoing procedures used by appropriate qualified personnel
throughout the period of a child's eligibility for early childhood inter-
vention services to assess the child's individual strengths and needs
and determine the appropriate services to meet those needs.
(2) [(M)] Child--An infant or toddler as defined in 34 CFR
303.21.
(3) [(2)] Child Find--As described in 34 CFR 303.115,
303.302 and 303.303, activities and strategies designed to locate and
identify, as early as possible, infants and toddlers with developmental
delay.
(4) [(3)] Complaint--A formal written allegation submitted
to DARS stating that a requirement of the Individuals with Disabilities
Education Act, or an applicable federal or state regulation has been
violated.
(5) Comprehensive Needs Assessment--The process for
identifying a child's unique strengths and needs, and the family's
resources, concerns, and priorities in order to develop an IFSP. The
comprehensive assessment process gathers information across devel-
opmental domains regarding the child's abilities to participate in the
everyday routines and activities of the family.
[(4) G enprehensive Ealuaton Th .procedures used by
qualified personnel to determine a child's initial and continuing eligi-
bility for early childhood intervention services that comply with the
requirements described in 34 GER a4OaT-, and 32!.]
(6) [(5)] Condition With a High Probability of Resulting
in Developmental Delay--A medical diagnosis known and widely ac-
cepted within the medical community to result in a developmental de-
lay over the natural course of the diagnosis.PROPOSED RULES May 24, 2013 38 TexReg 3299
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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/m1/83/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.