|(a) After receipt of the complaint, the Texas Health
and Human Services Commission (HHSC) Director of Early Childhood Intervention
(ECI) will assign a staff person to conduct an individual investigation,
on-site if necessary, to make a recommendation to the HHSC Director
of ECI for resolution of the complaint. The child's and family's confidentiality
is protected during the complaint resolution process.
(1) The complainant will have the opportunity to submit
additional information, either orally or in writing, about the allegations
in the complaint.
(2) All relevant information will be reviewed and an
independent determination made as to whether a violation of the requirements
of the Individuals with Disabilities Education Act occurred.
(b) The HHSC Director of ECI will resolve the complaint
within 60 days of the receipt date.
(c) An extension of the time limit under subsection
(b) of this section shall be granted only if exceptional circumstances
exist with respect to a particular complaint.
(d) Complainants shall be informed in writing of the
final decision of the HHSC Director of ECI. The HHSC Director of ECI's
written decision to the complainant will address each allegation in
the complaint and contain:
(1) findings of fact and conclusions; and
(2) reasons for the final decision.
(e) To ensure effective implementation of the HHSC
Director of ECI's final decision and to achieve compliance with any
corrective actions, the HHSC Director of ECI will assign a staff person
to provide technical assistance and appropriate follow-up to the parties
involved in the complaint as necessary.
(f) In resolving a complaint in which there is a finding
of failure to provide appropriate services, the HHSC Director of ECI
will remediate the denial of those services, including, as appropriate,
the awarding of monetary reimbursement or other corrective action
appropriate to the needs of the child and the child's family; and
appropriate future provision of services for all infants and toddlers
with disabilities and their families.
(g) When a complaint is filed, the HHSC Director of
ECI will offer mediation services as an alternative to proceeding
with the complaint investigation. Mediation may be used when both
parties agree to it. A parent's right to a due process hearing or
complaint investigation will not be denied or delayed because the
parent chose to participate in mediation. The complaint investigation
will continue and be resolved within 60 days even if mediation is
used as the resolution process.
(h) If a written complaint is received that is also
the subject of a request for an administrative hearing under 40 TAC
Chapter 101, Subchapter E, Division 3 (relating to Division for Early
Childhood Intervention Services) or 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,
or contains multiple issues, of which one or more are part of those
hearings, the part of the complaint that is being addressed in those
hearings is set aside until the conclusion of the hearings. However,
any issue in the complaint that is not a part of such action must
be resolved within the 60-day timeline using the complaint procedures.
|Source Note: The provisions of this §350.217 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective June 1, 2013, 38 TexReg 3356; amended to be effective June 30, 2019, 44 TexReg 3280; 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