26 Tex. Admin. Code § 350.1211 - Local Education Agency Notification of Potential Eligibility for Early Childhood Special Education Services
(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.
Notes
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