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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER LTRANSITION
RULE §108.1211LEA Notification of Potentially Eligible for Special Education Services

(a) The contractor's IFSP team determines if a two year old receiving early childhood intervention services is potentially eligible for preschool special education services.

(b) Written parental consent is not required for the contractor to send LEA Notification of Potentially Eligible for Special Education Services, but the parent may opt out of LEA Notification as described in §108.1213 of this title (relating to LEA Notification Opt Out). 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 §108.1213 of this title, the contractor must notify the LEA at least 90 days before the child's third birthday that the child is potentially eligible for preschool special education services. The contractor must send the LEA for the area in which the child resides the LEA Notification of Potentially Eligible for Special Education Services, which contains the child's limited personally identifiable information as defined in §108.1203(5) of this title (relating to Definitions).

(d) If the contractor determines a child is eligible for early childhood intervention services fewer than 90 days and more than 45 days before the child's third birthday, the contractor must determine as soon as possible whether the child is potentially eligible for preschool special education services. If the contractor determines the child is potentially eligible for preschool special education services, the contractor must provide notification to the LEA as soon as possible, unless the parent opts out of the disclosure as described in §108.1213 of this title.

(e) If the contractor receives a referral for a child fewer than 45 days before the child's third birthday and the child may be potentially eligible for preschool special education services, the contractor must, with written parental consent, refer the child directly to the LEA. The contractor 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 contractor, with written parental consent, must send the LEA the most recent:

  (1) evaluations;

  (2) assessments; and

  (3) IFSPs.


Source Note: The provisions of this §108.1211 adopted to be effective May 1, 2014, 39 TexReg 3445

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