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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 550LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER CGENERAL PROVISIONS
DIVISION 4GENERAL SERVICES
RULE §550.508Educational Developmental Services

(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, as defined in United States Code, Title 20, §1401(15), (LEA), 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.


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

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