| (a) The contractor's Individualized Family Service
Plan (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 §350.1213 of this subchapter (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 §350.1213 of this subchapter, 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 §350.1203(5)
of this subchapter (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 §350.1213 of this subchapter.
(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 §350.1211 adopted to be effective May 1, 2014, 39 TexReg 3445; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 941; amended to be effective March 17, 2022, 47 TexReg 1277 |
