26 Tex. Admin. Code § 350.1104 - Early Childhood Intervention Services Delivery

(a) ECI services needed by the child must be initiated in a timely manner and delivered as planned in the IFSP.

(b) Only qualified staff members, as described in Subchapter C of this chapter (relating to Staff Qualifications), are authorized to provide ECI services.

(c) The subrecipient must ensure that ECI services are appropriate, as determined by the IFSP team, and based on scientifically based research.

(d) In addition to the requirements in 34 CFR § 303.13, ECI services, with the exception cited in subsection (g) of this section, must be provided:

(1) according to a plan and with a frequency that is individualized to the parent and child to effectively address the goals established in the IFSP;

(2) only to children who are located in the state of Texas at the time a service is delivered;

(3) in the presence of the parent or other routine caregiver, with an emphasis on enhancing the family's capacity to meet the developmental needs of the child; and

(4) in the child's natural environment, as defined in 34 CFR § 303.26, unless the criteria listed in 34 CFR § 303.126 are met and documented in the case record.

(e) With the written consent of the parent, ECI services may be provided via telehealth. If the parent declines to consent to telehealth for some or all services, those services must be provided in person.

(f) ECI services must:

(1) address the development of the whole child within the framework of the family;

(2) enhance the parent's competence to maximize the child's participation and functional abilities within daily routines and activities; and

(3) be provided in the context of natural learning activities in order to assist caregivers to implement strategies that will increase child learning opportunities and participation in daily life.

(g) Family education and training, as defined in § 350.1105(5) of this subchapter (relating to Capacity to Provide Early Childhood Intervention Services):

(1) must be provided:

(A) according to a plan and with a frequency that is individualized to the parent and child to effectively address the goals established in the IFSP; and

(B) with a parent or other routine caregiver, with an emphasis on enhancing the family's capacity to meet the developmental needs of the child; and

(2) may be provided:

(A) when a child who resides in Texas is not located in the state at the time of service; and

(B) in a setting other than a child's natural environment.

(h) The subrecipient must provide a service coordinator and an interdisciplinary team for the child and family throughout the child's enrollment.

(i) The subrecipient must make reasonable efforts to provide flexible hours in programming to allow the parent or routine caregiver to participate.

(j) The subrecipient must comply with all requirements in Subchapter B of this chapter (relating to Procedural Safeguards and Due Process Procedures) when planning and delivering ECI services.

(k) Services must be monitored by the IFSP team to assess child progress as described in § 350.1017 of this chapter (relating to Periodic Reviews).

Notes

26 Tex. Admin. Code § 350.1104

Adopted by Texas Register, Volume 40, Number 09, February 27, 2015, TexReg 952, eff. 3/7/2015; amended by Texas Register, Volume 44, Number 26, June 28, 2019, TexReg 3291, eff. 6/30/2019; entire chapter transferred from Title 40, Part 2, Chapter 208 by Texas Register, Volume 46, Number 06, February 5, 2021, TexReg 0941, eff. 3/1/2021; Amended by Texas Register, Volume 47, Number 10, March 11, 2022, TexReg 1288, eff. 3/17/2022; Amended by Texas Register, Volume 50, Number 06, February 7, 2025, TexReg 0785, eff. 2/13/2025