(a) The center must adopt and enforce written policies
and procedures to facilitate each minor's access to available early
intervention and educational services and programs delivered by an
education provider, including a local education agency (LEA), as defined
in United States Code, Title 20, §1401(19), early childhood intervention
agency, or private school, in the least restrictive environment in
the community where a minor resides and where the center is located.
The center's educational policy must:
(1) be person-centered and parent driven;
(2) be collaborative with the education provider;
(3) ensure that the center does not act as the primary
education provider for a minor or accept a delegation of responsibility
for the provision of a minor's education from an education provider;
and
(4) support a minor's education program as agreed to
by a parent and education provider.
(b) The center must not coerce or provide an incentive
to an individual or education provider that would result in a minor's
removal from a less restrictive educational environment.
(c) The center must not be the primary location for
the education provider to deliver services to a minor unless it is
determined by the education provider, including the LEA's Admission,
Review, and Dismissal (ARD) committee or committee required by Section
504 of the Rehabilitation Act of 1973, in collaboration with a minor's
parent and a minor's prescribing physician that the center is the
least restrictive environment for a minor to receive educational services.
(d) For a minor who is not receiving services from
an education provider, the center must provide a minor and a minor's
parent contact information for the LEA where a minor resides.
(e) For a minor receiving services from an education
provider, the center must:
(1) not duplicate or provide services that conflict
with a minor's education program;
(2) for a minor receiving services from an LEA, not
interfere with the compulsory attendance requirements of Texas Education
Code §25.085 and §25.086;
(3) when requested by a parent, make available a minor's
records to support the minor's education program;
(4) request copies of a minor's education program records
to support center care planning activities;
(5) if requested by a parent, participate in planning
activities for a minor conducted by the education provider, including
an LEA's ARD committee or committee required by Section 504 of the
Rehabilitation Act of 1973;
(6) request that a minor's teacher, or other education
provider representative, participate as part of the IDT to ensure
coordination of a minor's services with the scheduled education component
of activities; and
(7) support a minor's education program activities
at the center, if needed, by:
(A) providing a well-lighted room, private space or
other adequate workspace;
(B) providing functional assistance to a minor;
(C) coordinating with a minor and a minor's parent
to ensure special and general supplies and equipment available for
a minor if needed; and
(D) providing an area to post education program calendars
and information bulletins provided to the center for minors and parents
to view.
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Source Note: The provisions of this §550.508 adopted to be effective September 1, 2014, 39 TexReg 6569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1875; amended to be effective October 16, 2024, 49 TexReg 7929 |