The following words and terms, when used in this chapter, will
have the following meanings, unless the context clearly indicates
(1) Assessment--As defined in 34 CFR §303.321(a)(2)(ii),
the ongoing procedures used by appropriate qualified personnel throughout
the period of a child's eligibility for early childhood intervention
(ECI) services to assess the child's individual strengths and needs
and determine the appropriate services to meet those needs.
(2) Child--An infant or toddler, from birth through
35 months, as defined in 34 CFR §303.21.
(3) Child Find--As described in 34 CFR §§303.115,
303.302, and 303.303, activities and strategies designed to locate
and identify, as early as possible, infants and toddlers with developmental
(4) Complaint--A formal written allegation submitted
to the Texas Health and Human Services Commission (HHSC) stating that
a requirement of the Individuals with Disabilities Education Act (IDEA)
or an applicable federal or state regulation has been violated.
(5) Comprehensive Needs Assessment--Conducted by an
interdisciplinary team as defined in paragraph (25) of this section
as a part of the Individualized Family Services Plan (IFSP) development
process, the process for identifying a child's unique strengths and
needs, and the family's resources, concerns, and priorities in order
to develop an IFSP. The comprehensive assessment process gathers information
across developmental domains regarding the child's abilities to participate
in the everyday routines and activities of the family.
(6) Condition with a High Probability of Resulting
in Developmental Delay--A medical diagnosis known and widely accepted
within the medical community to result in a developmental delay over
the natural course of the diagnosis.
(7) Consent--As defined in 34 CFR §303.7 and meeting
all requirements in 34 CFR §303.420.
(8) Contractor--A local private or public agency with
proper legal status and governed by a board of directors or governing
authority that accepts funds from HHSC to administer an early childhood
(9) Co-visits--When two or more service providers deliver
different services to the child during the same period of time. Co-visits
are provided when a child will receive greater benefit from services
being provided at the same time, rather than individually.
(10) Days--Calendar days, except for local education
agency (LEA) services which are defined as "school days."
(11) Developmental Delay--As defined in Texas Human
Resources Code §73.001(3) and determined to be significant in
compliance with the criteria and procedures in Subchapter H of this
chapter (relating to Eligibility, Evaluation, and Assessment).
(12) Developmental Screenings--General screenings provided
by the early childhood intervention program to assess the child's
need for further evaluation.
(13) Early Childhood Intervention Program--In addition
to the definition of early intervention service program as defined
in 34 CFR §303.11, a program operated by the contractor with
the express purpose of implementing a system to provide early childhood
intervention services to children with developmental delays and their
(14) Early Childhood Intervention Services--Individualized
early childhood intervention services determined by the IFSP team
to be necessary to support the family's ability to enhance their child's
development. Early childhood intervention services are further defined
in 34 CFR §303.13 and §303.16 and §350.1105 of this
chapter (relating to Capacity to Provide Early Childhood Intervention
(15) ECI Professional--An individual employed by or
under the direction of an HHSC Early Childhood Intervention Program
contractor who meets the requirements of qualified personnel as defined
in 34 CFR §303.13(c) and §303.31, and who is knowledgeable
in child development and developmentally appropriate behavior, possesses
the requisite education and experience, and demonstrates competence
to provide ECI services.
(16) EIS--Early Intervention Specialist. A credentialed
professional who meets specific educational requirements established
by HHSC ECI in §350.313(a) of this chapter (relating to Early
Intervention Specialist (EIS)) and has specialized knowledge in early
childhood cognitive, physical, communication, social-emotional, and
(17) Evaluation--The procedures used by qualified personnel
to determine a child's initial and continuing eligibility for early
childhood intervention services that comply with the requirements
described in 34 CFR §303.21 and §303.321.
(18) FERPA--Family Educational Rights and Privacy Act
of 1974, 20 USC §1232g, as amended, and implementing regulations
at 34 CFR Part 99. Federal law that outlines privacy protection for
parents and children enrolled in the ECI program. FERPA includes rights
to confidentiality and restrictions on disclosure of personally identifiable
information, and the right to inspect records.
(19) Group Services--Early childhood intervention services
provided at the same time to no more than four children and their
parent or parents or routine caregivers per service provider to meet
the developmental needs of the individual infant or toddler.
(20) HHSC--Texas Health and Human Services Commission.
The entity designated as the lead agency by the governor under the
Individuals with Disabilities Education Act, Part C. HHSC has the
final authority and responsibility for the administration, supervision,
and monitoring of programs and activities under this system. HHSC
has the final authority for the obligation and expenditure of funds
and compliance with all applicable laws and rules.
(21) HHSC ECI--The Texas Health and Human Services
Commission Early Childhood Intervention Services. The state program
responsible for maintaining and implementing the statewide early childhood
intervention system required under the Individuals with Disabilities
Education Act, Part C, as amended in 2004.
(22) IFSP--Individualized Family Service Plan as defined
in 34 CFR §303.20. A written plan of care for providing early
childhood intervention services and other medical, health, and social
services to an eligible child and the child's family when necessary
to enhance the child's development.
(23) IFSP Services--The individualized early childhood
intervention services listed in the IFSP that have been determined
by the IFSP team to be necessary to enhance an eligible child's development.
(24) IFSP Team--An interdisciplinary team that meets
the requirements in 34 CFR §303.24(b) and works collaboratively
to develop, review, modify, and approve the IFSP. It includes the
parent; the service coordinator; all ECI professionals providing services
to the child, as planned on the IFSP; certified Teachers of the Deaf
and Hard of Hearing, as appropriate; and certified Teachers of Students
with Visual Impairments, as appropriate.
(25) Interdisciplinary Team--In addition to the definition
of multidisciplinary team as defined in 34 CFR §303.24, a team
that consists of at least two ECI professionals from different disciplines
and the child's parent. One of the ECI professionals must be a Licensed
Practitioner of the Healing Arts (LPHA). The team may include representatives
of the LEA. Professionals on the team share a common perspective regarding
infant and toddler development and developmental delay and work collaboratively
to conduct evaluation, assessment, IFSP development, and to provide
(26) LEA--Local educational agency as defined in 34
(27) LPHA--Licensed Practitioner of the Healing Arts.
A licensed physician, registered nurse, licensed physical therapist,
licensed occupational therapist, licensed speech language pathologist,
licensed professional counselor, licensed clinical social worker,
licensed psychologist, licensed dietitian, licensed audiologist, licensed
physician assistant, licensed marriage and family therapist, licensed
intern in speech language pathology, licensed behavior analyst, or
advanced practice registered nurse who is an employee or a subcontractor
of an ECI contractor. LPHA responsibilities are further described
in §350.312 of this chapter (relating to Licensed Practitioner
of the Healing Arts (LPHA)).
(28) Medicaid--The medical assistance entitlement program
administered by HHSC.
(29) Native Language--As defined in 34 CFR §303.25.
(A) When used with respect to an individual who is
limited English proficient (as that term is defined in section 602(18)
of the Individuals with Disabilities Education Act), native language
(i) the language normally used by that individual,
or, in the case of a child, the language normally used by the parents
of the child; and
(ii) for evaluations and assessments conducted pursuant
to 34 CFR §303.321(a)(5) and (a)(6), the language normally used
by the child, if determined developmentally appropriate for the child
by qualified personnel conducting the evaluation or assessment.
(B) When used with respect to an individual who is
deaf or hard of hearing, blind or visually impaired, or for an individual
with no written language, "native language" means the mode of communication
that is normally used by the individual (such as sign language, braille,
or oral communication).
(30) Natural Environments--As defined in 34 CFR §303.26,
settings that are natural or typical for a same-aged infant or toddler
without a disability, may include the home or community settings,
includes the daily activities of the child and family or caregiver,
and must be consistent with the provisions of 34 CFR §303.126.
(31) Parent--As defined in 20 USC §1401 and 34
(32) Personally Identifiable Information--As defined
in 34 CFR §99.3 and 34 CFR §303.29.
(33) Pre-Enrollment--All family-related activities
from the time the referral is received up until the time the parent
signs the initial IFSP.
(34) Primary Referral Sources--As defined in 34 CFR §303.303(c).
(35) Public Agency--HHSC and any other state agency
or political subdivision of the state that is responsible for providing
early childhood intervention services to eligible children under the
Individuals with Disabilities Education Act, Part C.
(36) Qualifying Medical Diagnosis--A diagnosed medical
condition that has a high probability of developmental delay as determined
by HHSC, as described in §350.811 of this chapter (relating to
Eligibility Determination Based on Medically Diagnosed Condition That
Has a High Probability of Resulting in Developmental Delay).
(37) Referral Date--The date the child's name and sufficient
information to contact the family was obtained by the contractor.
(38) Routine Caregiver--An adult who:
(A) has written authorization from the parent to participate
in early childhood intervention services with the child, even in the
absence of the parent;
(B) participates in the child's daily routines;
(C) knows the child's likes, dislikes, strengths, and
(D) may be the child's relative, childcare provider,
or other person who regularly cares for the child.
(39) Service Coordinator--The contractor's employee
or subcontractor who:
(A) meets all applicable requirements in Subchapter
C of this chapter (relating to Staff Qualifications);
(B) is assigned to be the single contact point for
(C) is responsible for providing case management services
as described in §350.405 of this chapter (relating to Case Management
(D) is from the profession most relevant to the child's
or family's needs or is otherwise qualified to carry out all applicable
(40) Surrogate Parent--A person assigned to act as
a surrogate for the parent in compliance with the Individuals with
Disabilities Education Act, Part C and this chapter.
(41) Telehealth services--Healthcare services, other
than telemedicine medical services, delivered by a health professional
licensed, certified, or otherwise entitled to practice in Texas and
acting within the scope of the health professional's license, certification,
or entitlement to a patient who is located at a different physical
location than the health professional using telecommunications or
|Source Note: The provisions of this §350.103 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective July 1, 2012, 37 TexReg 4621; amended to be effective September 1, 2013, 38 TexReg 5524; amended to be effective May 1, 2014, 39 TexReg 3445; amended to be effective March 7, 2015, 40 TexReg 939; amended to be effective June 30, 2019, 44 TexReg 3280; 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