(a) The annual meeting to evaluate the IFSP is conducted following determination of continuing eligibility. In addition to all requirements in 34 CFR §303.342 (relating to Procedures for IFSP development, review, and evaluation), the documentation of an Annual Meeting to Evaluate the IFSP must meet the requirements for Complete Review and include a documented team discussion of:
  (1) a current description of the child including:
    (A) reviews of the current evaluations and other information available from ongoing assessment of the child and family needs;
    (B) health, vision, hearing, and nutritional status; and
    (C) present level of development related to the three annual child outcome ratings found in §108.1307 of this chapter (relating to Child Outcomes) including:
      (i) the functional abilities and strengths of the child;
      (ii) the developmental needs of the child; and
      (iii) the family priorities regarding the child's development.
  (2) progress toward achieving the IFSP goals; and
  (3) any needed modification of the goals and early childhood intervention services.
(b) Services provided under an IFSP that has not been evaluated and is not based on a current evaluation and current assessment of needs are not fully approved ECI services.
  (1) If the contractor is at fault, HHSC may disallow and recoup expenditures.
  (2) If the parent has not consented to or has not cooperated with the re-determination of eligibility, the contractor must follow the procedures in §108.807 of this title (relating to Eligibility).
  (3) If the parent fails to consent or fails to cooperate in necessary re-evaluations or re-assessments, no developmental delay or needs may be legitimately determined. The contractor must send prior written notice that the child has no documented current delay or no documented current needs at least 14 days before the contractor discontinues services on the IFSP, unless the parent:
    (A) immediately consents to and cooperates with all necessary evaluations and assessments; and
    (B) consents to all or part of a new IFSP.
(c) The parent retains procedural safeguards including the rights to use local and state complaint processes, request mediation, or request an administrative hearing pursuant to §101.1107 of this title (relating to Administrative Hearings Concerning Individual Child Rights).

Source Note: The provisions of this §350.1019 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 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