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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 108EARLY CHILDHOOD INTERVENTION SERVICES
SUBCHAPTER BPROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES
RULE §108.215Early Childhood Intervention Procedures for Filing Complaints

(a) An individual or organization may file a complaint with 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 Chapter 101, Subchapter E, Division 3 of this title (relating to Division for Early Childhood Intervention Services) and from a request for a hearing under §108.227 of this title (relating to Opportunity for a Hearing) concerning the requirements of FERPA.


Source Note: The provisions of this §108.215 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective July 1, 2012, 37 TexReg 4621; amended to be effective June 30, 2019, 44 TexReg 3280

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