(a) Early childhood intervention services needed by the child must be initiated in a timely manner and delivered as planned in the Individualized Family Service Plan (IFSP). Only qualified staff members, as described in Subchapter C of this chapter (relating to Staff Qualifications), are authorized to provide early childhood intervention services.
(b) The contractor must ensure that early childhood intervention services are appropriate, as determined by the IFSP team, and based on scientifically based research, to the extent practicable. In addition to the requirements in 34 CFR §303.13, early childhood intervention services, with the exception cited in subsection (c) of this section, must be provided:
  (1) according to a plan and with a frequency that is individualized to the parent and child to effectively address the goals established in the IFSP;
  (2) only to children who are located in the state of Texas at the time of service delivery;
  (3) in the presence of the parent or other routine caregiver, with an emphasis on enhancing the family's capacity to meet the developmental needs of the child; and
  (4) in the child's natural environment, as defined in 34 CFR §303.26, unless the criteria listed in 34 CFR §303.126 are met and documented in the case record and may be provided via telehealth with the written consent of the parent. If the parent declines to consent to telehealth for some or all services, those services must be provided in person.
(c) Family education and training, as defined in §350.1105(5) of this subchapter (relating to Capacity to Provide Early Childhood Intervention Services):
  (1) must be provided:
    (A) according to a plan and with a frequency that is individualized to the parent and child to effectively address the goals established in the IFSP; and
    (B) with a parent or other routine caregiver, with an emphasis on enhancing the family's capacity to meet the developmental needs of the child; and
  (2) may be provided:
    (A) when a child who resides in Texas is not located in the state at the time of service; and
    (B) in a setting other than a child's natural environment.
(d) Early Intervention services must:
  (1) address the development of the whole child within the framework of the family;
  (2) enhance the parent's competence to maximize the child's participation and functional abilities within daily routines and activities; and
  (3) be provided in the context of natural learning activities in order to assist caregivers to implement strategies that will increase child learning opportunities and participation in daily life.
(e) The contractor must provide a service coordinator and an interdisciplinary team for the child and family throughout the child's enrollment.
(f) The contractor must make reasonable efforts to provide flexible hours in programming in order to allow the parent or routine caregiver to participate.
(g) The contractor must comply with all requirements in Subchapter B of this chapter (relating to Procedural Safeguards and Due Process Procedures) when planning and delivering early childhood intervention services.
(h) Services must be monitored by the interdisciplinary team at least once every six months to determine:
  (1) what progress is being made toward achieving goals;
  (2) if services are reducing the child's functional limitations, promoting age appropriate growth and development, and are responsive to the family's identified goals for the child; and
  (3) whether modifications to the plan are needed.
(i) Monitoring occurs as part of the IFSP review process and must be documented in the case record.

Source Note: The provisions of this §350.1104 adopted 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