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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 350 - EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER L - TRANSITION
SECTION/RULE §350.1211 - Local Education Agency Notification of Potential Eligibility for Early Childhood Special Education Services
Chapter Review Date 02/27/2024

(a) The IFSP team determines if a child who is two years old or older receiving ECI services is potentially eligible for ECSE. (b) If the IFSP team determines the child is potentially eligible for ECSE, the subrecipient must provide notification to the LEA as soon as possible, unless the parent opts out of the disclosure as described in §350.1213 of this subchapter (relating to The Family's Right to Opt Out of the Local Education Agency Notification). (1) Written parental consent is not required for the subrecipient to send the LEA Notification. (2) Written parental consent is required before sending information other than the child's limited personally identifiable information to the LEA. (c) For a child whose parent has not opted out of the disclosure as described in §350.1213 of this subchapter:(1) the subrecipient must notify the LEA at least 90 days before the child's third birthday that the child is potentially eligible for ECSE services; and (2) the subrecipient must send the LEA for the area in which the child resides the LEA Notification, which contains the child's limited personally identifiable information as defined in §350.1203(5) of this subchapter (relating to Definitions). (d) If the subrecipient determines a child is eligible for ECI services less than 90 days and more than 45 days before the child's third birthday, the subrecipient must determine as soon as possible whether the child is potentially eligible for ECSE services. (e) If the subrecipient receives a referral for a child fewer than 45 days before the child's third birthday and the child may be potentially eligible for ECSE: (1) the subrecipient must, with written parental consent, refer the child directly to the LEA; and (2) the subrecipient is not required to conduct pre-enrollment procedures, an evaluation, an assessment, or an initial IFSP meeting. (f) To assist the LEA in determining eligibility, the subrecipient, with written parental consent, must send the LEA the most recent: (1) evaluations; (2) assessments; and (3) IFSPs.

Source Note: The provisions of this §350.1211 adopted to be effective May 1, 2014, 39 TexReg 3445; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941; amended to be effective March 17, 2022, 47 TexReg 1277; amended to be effective February 13, 2025, 50 TexReg 772.

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