(a) An individual or organization may file a complaint with the Texas Health and Human Services Commission (HHSC) alleging that a requirement of the Individuals with Disabilities Education Act, Part C or applicable federal and state regulations has been violated. The complaint must be in writing, be signed, and include the nature of the violation and a statement of the facts on which the complaint is based.
(b) A complaint may be filed directly with HHSC without having been filed with the contractor or local program.
(c) The alleged violation must have occurred not more than one year before the date that the complaint is received by the public agency unless a longer period is reasonable because the alleged violation continues for that child or other children.
(d) Procedures for receipt of a complaint are as follows.
  (1) All complaints received by HHSC concerning early childhood intervention services shall be forwarded to the HHSC Director of ECI who will log and assign all complaints, monitor the resolution of those complaints, and maintain a copy of all complaints for a seven-year period.
  (2) A complaint should be clearly distinguished from a request for an administrative hearing under 40 TAC Chapter 101, Subchapter E, Division 3 (relating to Division for Early Childhood Intervention Services) and from a request for a hearing under §350.227 of this chapter (relating to Opportunity for a Hearing) concerning the requirements of the Federal Education Rights and Privacy Act.

Source Note: The provisions of this §350.215 adopted to be effective September 1, 2011, 36 TexReg 5387; amended to be effective July 1, 2012, 37 TexReg 4621; 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