|(a) After receipt of the complaint, the HHSC Director
of 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 to the requirements
of Individuals with Disabilities Education Act occurred.
(b) The HHSC Director of ECI resolves 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. A parent's right to a due process hearing or complaint
investigation will not be denied or delayed because they chose to
participate in mediation. The complaint investigation will continue
and be resolved within 60 days even if mediation is used as the resolution
(h) If a written complaint is received that is also
the subject of a request for an administrative hearing under Chapter
101, Subchapter E, Division 3 of this title (relating to Division
for Early Childhood Intervention Services) or a request for a hearing
under §108.227 of this title (relating to Opportunity for a Hearing)
concerning the requirements of FERPA, 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 §108.217 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