(a) The subrecipient must determine the child's eligibility for continued ECI services at least annually if the child is younger than 21 months of age at the previous eligibility determination. A child who is determined eligible at 21 months of age or older remains eligible for ECI until the child's third birthday or until the child has reached developmental proficiency, whichever happens first. (b) The subrecipient must comply with all requirements in 34 CFR §303.321(a)(3). (1) Continuing eligibility is based on one of the following: (A) a qualifying medical diagnosis confirmed by a review of the child's medical records with: (i) interdisciplinary team documentation of the continued need for ECI services; and (ii) documentation in the child's record of any change in medical diagnosis; (B) meeting the TEA definition of deaf or hard of hearing or criteria for a visual impairment documented in 19 TAC §89.1040 (relating to Eligibility Criteria) with: (i) interdisciplinary team documentation of the continued need for ECI services including the appropriate certified teacher or teachers from the LEA as specified in §350.813 and §350.815 of this subchapter (relating to Deaf or Hard of Hearing and Blindness or Visual Impairment, respectively); and (ii) documentation in the child's record of any change in hearing or vision status; or (C) a developmental delay determined by the administration of the standardized tool designated by HHSC ECI, with the child demonstrating a documented delay of at least 15 percent in one or more areas of development, including the use of adjusted age as specified in §350.819 of this subchapter (relating to Age Adjustment for Children Born Prematurely), as applicable. (2) If a child's initial eligibility is based on a qualitative determination of developmental delay, the subrecipient must re-determine eligibility using the criteria in subsection (b)(1) of this section no more than six months after initial eligibility is determined. (c) If the parent fails to consent or fails to cooperate in re-determination of eligibility, the child becomes ineligible. The subrecipient must provide prior written notice of ineligibility and consequent discontinuation of all ECI services to the family at least 14 days before the subrecipient discharges the child from the program, unless the parent: (1) immediately consents to and cooperates in all necessary evaluations and assessments; and (2) consents to all or part of a new IFSP. (d) The family has the right to oppose the actions described in subsection (c) of this section using their procedural safeguards including the rights to use local and state complaint processes, request mediation, or request an administrative hearing in accordance with 40 TAC §101.1107 (relating to Administrative Hearings Concerning Individual Child Rights).