This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:45 GMT
(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.