26 Tex. Admin. Code § 350.215 - Early Childhood Intervention (ECI) Procedures for Filing Complaints
(a) An individual or organization may file a
complaint with the Texas Health and Human Services Commission (HHSC) alleging
that a requirement of the Individuals with Disabilities Education Act, Part C
or applicable federal and state regulations has been violated. The complaint
must be in writing, be signed, and include the nature of the violation and a
statement of the facts on which the complaint is based.
(b) A complaint may be filed directly with
HHSC without having been filed with the contractor or local program.
(c) The alleged violation must have occurred
not more than one year before the date that the complaint is received by the
public agency unless a longer period is reasonable because the alleged
violation continues for that child or other children.
(d) Procedures for receipt of a complaint are
as follows.
(1) All complaints received by
HHSC concerning early childhood intervention services shall be forwarded to the
HHSC Director of ECI who will log and assign all complaints, monitor the
resolution of those complaints, and maintain a copy of all complaints for a
seven-year period.
(2) A complaint
should be clearly distinguished from a request for an administrative hearing
under 40 TAC Chapter 101, Subchapter E, Division 3 (relating to Division for
Early Childhood Intervention Services) and from a request for a hearing under
§
350.227 of this chapter (relating
to Opportunity for a Hearing) concerning the requirements of the Federal
Education Rights and Privacy Act.
Notes
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