25 TAC §621.24
The Interagency Council on Early Childhood Intervention (ECI)
adopts an amendment §621.24, regarding Program Administration for Comprehensive
Services, with changes from the proposed text as published in the February
23, 2001 issue of the
Texas Register
(26 TexReg
1658).
The purpose of the amendment is to add new subparagraphs (D) and (E) under
subsection (b)(3). The statements in subparagraph (D) fold into rule ECI's
deadline and requirement for standard use of the ECI logo and slogan. This
information has been distributed to ECI providers in policy and is not a new
requirement. The language in subparagraph (E) communicates that only ECI providers
or at ECI's direction can the logo and slogan be used.
ECI received comments from four executives affiliated with ECI programs,
and the President of United Way of Metropolitan Dallas, Inc.
Comment: One commenter expressed that their agency was pleased with the
actual logo design, stating it is clear and versatile in use and that consistent
statewide usage will assist in making all ECI programs recognizable across
Texas.
Response: ECI agrees.
Comment: Three commenters expressed concern regarding their agency's ability
to be identified and effective in their local community for outreach and fundraising
purposes. Commenters were afraid they would lose their reputation as an independent
non-profit entity in the community, and/or would appear to be a branch of
the state ECI agency. One felt that the proposed rule added confusion to the
interpretation of respective roles of host agency and provider.
Response: The proposed rules and graphic standards do not require an agency
to modify its materials or practices; the rules only apply to the specific
ECI program operated by a host agency. The proposed standards for use of the
ECI logo and slogan allow an agency to identify itself by its current name
and/or logo. If the agency and ECI logo are used together then the ECI name
and logo must be equal or larger in size than agency or other funding source
logos it appears with. We agree that the rule as proposed is not clear regarding
which entities the standards apply to. We have revised the rule to clarify.
Comment: Two commenters expressed concern regarding the rigidity or prescriptiveness
of the Graphic Standards Manual referred to in the proposed rule. Specifically,
one commenter wanted more latitude in size and placement of ECI logo.
Response: ECI is revising the Graphic Standards Manual to clarify that
the stationary and business card pages included in the manual are samples.
Other stationary and business card designs may be used but the ECI logo must
be equal or larger in size than agency or other funding source logos it appears
with. ECI recommends that programs utilize the samples, as stationary and
business cards are key components in communicating the program's identity
to referral sources and families and it is critical that those pieces maintain
a strong affiliation with the Texas Interagency Council on Early Childhood
Intervention.
Comment: Two commenters expressed concern that ECI Policy and Procedures
and the Graphic Standards Manual implementing the new name and logo requirements
were distributed to local providers before the proposed rules were published,
in effect adopting the new requirements without giving providers and the public
an opportunity for comment or input.
Response: Providers had numerous opportunities for input on the new standards
before adoption of the requirements. Beginning in 1998, discussions regarding
the new standards were held in a variety of venues, including statewide policy
initiative meetings open to local executive and program directors. In July
of 2000 the draft policy outlining use of the standards was distributed to
local providers for input and comment, and revisions were made to the policy
in response to the comments. A draft Graphic Standards Manual was also distributed.
Both documents made clear that the proposed effective date for implementation
would not occur until September 1, 2001.
Comment: One commenter was concerned that the proposed standards would
not allow United Way- funded agencies that administer ECI programs to use
the United Way logo or a statement identifying the agency as a member of the
United Way on the agency/program letterhead or other materials.
Response: The proposed rules and Graphic Standards Manual do not prohibit
agencies or programs from including information identifying other funding
sources, such as United Way, on any or all of their materials, publications,
correspondence, etc.
Comment: One commenter was concerned that if all ECI programs have the
same logo and letterhead that it would be confusing to families, referral
sources, the community, etc
Response: ECI disagrees. ECI believes that it is confusing to parents,
referral sources and communities to have entities with divergent names (for
example Infant Development Program and Parent Child Program) providing the
same early intervention services to eligible children. ECI wants to make it
easier for families to find services by standardizing the words and symbols
used in communicating about the ECI program and the statewide system.
Comment: One commenter was concerned about the cost effectiveness of multiple
letterheads and other funding source requirements
Response: ECI does not require different letterheads. ECI is revising the
Graphic Standards Manual to clarify that multiple logos may be used as long
as the ECI logo is of equal or larger size.
Comment: One commenter was concerned that the use of all-inclusive terms
such as "for all materials" or "all use" in the standards, including program
correspondence, implies movement into the daily management of provider agencies
as they interact in their local communities. The commenter expressed concern
that compliance with the rules is included in FY 2001 program monitoring and
that the Graphic Standards Manual would apply to medical records forms.
Response: The rule has been revised to clarify application to ECI program
materials. ECI does not intend to interfere with the daily and routine operations
of the agency as a whole. The intent of the rule is to standardize how ECI
programs communicate with the public, referral sources and families seeking
or receiving services. The Graphic Standards Manual will go into effect September
1, 2001 (FY 2002) and will be included in program monitoring after that date.
ECI staff is available to consult with providers on the required changes.
Comment: One commenter recommended improved clarity in the rule and policy
to ensure implementation of the proposed rule and policy does not exceed the
original intent of coordinated public awareness, education and child find.
Response: ECI encourages local agencies and programs to coordinate their
public awareness and fundraising activities. The purpose of the proposed rules
is to benefit families seeking services. We believe standardizing how ECI
programs communicate with the public and referral sources will make ECI services
more commonly known in communities and will facilitate families locating needed
services. We believe use of a consistent "brand" will aid in that effort.
Comment: One commenter recommended eliminating the requirements in the
Graphic Standards Manual related to letterhead and business card design requirements
and only require use of "ECI," ECI affiliation, and logo in the program name.
Response: The agency disagrees. Stationary and business cards are a key
component of communicating the program's identity to referral sources and
families. It is critical that those pieces maintain a strong affiliation with
the Texas Interagency Council on Early Childhood Intervention and the statewide
network.
Comment: One commenter supports the use of the ECI logo and slogan and
believes there are benefits associated with its use.
Response: ECI agrees.
The amendment is adopted under Chapter 73 of the Human Resources
Code, which provides the agency with the authority to administer public programs
for developmentally delayed children.
§621.24.Program Administration for Comprehensive Services.
(a)
Program eligibility for comprehensive services.
(1)
Funds for comprehensive services are available to public
or private service organizations that may be current or potential providers
of services for children with developmental delays.
(2)
Eligibility for continued funding shall be contingent upon
the program's accomplishments, progress toward stated goals, compliance with
state standards, implementation of program review findings, and availability
of funds. The program provider shall submit an annual application for continuation
funding.
(b)
Program requirements.
(1)
Child find. Each program must develop and implement a child
find plan which includes:
(A)
ongoing contact and coordination with primary referral
sources and other service providers, including, but not limited to:
(i)
child find programs located within the education service
centers;
(ii)
local and regional health departments with Maternal and
Child Health Programs under Title V of the Social Security Act;
(iii)
Medicaid's Early Periodic Screening, Diagnosis, and Treatment
Program (EPSDT);
(iv)
head start programs;
(v)
hospitals;
(vi)
day care programs;
(vii)
school districts;
(viii)
social service agencies;
(ix)
primary health care providers;
(x)
Early Childhood Intervention (ECI) programs;
(xi)
child care management services (CCMS);
(xii)
any program funded under Development Disabilities Assistance
and Bill of Rights Act; and
(xiii)
programs under Supplemental Security Income under Title
XVI of the Social Security Act;
(B)
information regarding availability of other local services
including other ECI programs;
(C)
accepting referrals for intervention services and evaluating
each child for eligibility within 45 days of the referral.
(2)
Required services. Each comprehensive program must provide
an evaluation and assessment, service coordination, and Individualized Family
Service Plan (IFSP) and comprehensive services. Each program funded by the
Interagency Council on Early Childhood Intervention must have the capacity
to provide or arrange for all services described in §621.23(5)(C) of
this title (relating to Service Delivery Requirements for Comprehensive Services).
All services which the child or family receives, regardless of the funding
sources, must be considered toward meeting the service needs of the child
as defined in the child's IFSP. No ECI funding can be used to arrange, provide,
or duplicate a service for which other funding sources, public or private,
are available and could be used.
(3)
Public awareness. Each program must develop and implement
a public awareness plan which includes:
(A)
information on child find, early identification, referral,
and access to services of the Texas Early Childhood Intervention Program,
locally and across the state;
(B)
a variety of continuous methods for reaching the general
public; and
(C)
involvement and communication with public and private agencies;
parent, professional, and advocacy groups; and other organizations or associations.
(D)
By September 1, 2001 programs must implement the use of
the ECI logo and slogan and meet requirements listed in the ECI Graphic Standards
Manual for all materials used by the ECI program for marketing, public awareness,
child find, promotion, public education, and program correspondence related
to the ECI program. Programs must use "ECI" as part of their program name.
(E)
The ECI logo and slogan are for use by providers under
contract with ECI or by entities not under contract when directed by the Interagency
Council on Early Childhood Intervention. All use must be in accordance with
the ECI Graphic Standards Manual.
(4)
Interagency coordination. Each program must develop and
implement an interagency coordination plan which includes as a minimum procedures:
(A)
preventing duplication of assessments and services;
(B)
coordinating referrals to and from ECI programs;
(C)
participating in local and regional planning and coordination
groups affecting services to young children; and
(D)
coordinating activities to make the most effective use
of staff development and comprehensive service provision.
(5)
Staff composition and qualifications.
(A)
Programs must employ staff who meet the appropriate professional
requirements and hold current professional credentials for their profession.
Appropriate professional requirements are the entry level professional standards
which:
(i)
are based on the state's highest requirements applicable
to the profession or discipline in which a person is providing early intervention
services; and
(ii)
establish suitable qualifications for personnel providing
early intervention services to eligible children and their families, who are
served by state, local, and private agencies.
(B)
ECI professional staff must abide by the licensure or certification
requirements and the established rules of supervision and conduct for their
professions.
(C)
For the occupational categories for which state authority
has not established professional standards (such as service coordinator and
early intervention specialist), programs must employ staff who are qualified
in terms of education and experience for their assigned scopes of responsibilities
and provide the required degree of supervision.
(D)
As of September 1, 1995, the following qualifications and
responsibilities for EIS Professionals are effective.
(i)
Definitions of Early Intervention Specialist Professional
levels. EIS Professional is an occupational title and occupational category
specific to service providers employed by Early Childhood Intervention (ECI)
programs. These service providers have demonstrated through their education
and experience the knowledge and skills required in early intervention service
delivery. There are two classes of EIS Professionals.
(I)
Entry level--Persons with bachelor's degrees which include
a minimum of 18 hours of college credit related to the provision of early
intervention services are eligible to apply for Entry Level status. An Entry
Level EIS Professional will have a maximum of two years from the date of hiring
to complete the requirements to be approved as a Fully Qualified EIS Professional.
Failure to complete the required process within two years will result in the
loss of professional status and privileges. Exceptions to this provision may
be approved by the state ECI office on an individual basis for extreme circumstances.
Requests for exceptions must be in writing.
(II)
Fully qualified--Persons meeting the conditions and requirements
for Professional Recognition as Fully Qualified EIS Professionals.
(ii)
Scope of responsibilities. Early Intervention Specialist
Professionals (Entry Level and Fully Qualified EIS Professionals) may represent
the discipline of early intervention and may be one of the two required professionals
on an Interdisciplinary Team (IDT). EIS Professionals may conduct family intake
processes, participate in determining eligibility, conduct developmental screenings
and assessments, participate in the development and implementation of Individualized
Family Service Plans, and provide service coordination, special instruction,
and family education services.
(iii)
Supervision. The Entry Level EIS Professionals must receive
a minimum of one hour per week of direct supervision from a fully qualified
professional until they have successfully completed the requirements to be
Fully Qualified EIS Professionals. The supervising professionals may be from
any of the disciplines related to early intervention and must meet the highest
state standards for their profession.
(iv)
EIS Professionals and Provisional EIS Professionals who
were hired before September 1, 1995, and are currently employed in ECI-funded
programs, who failed to complete the required application process are not
considered EIS Professionals. They will no longer be able to independently
perform the scope of responsibilities of EIS Professionals as defined in clause
(ii) of this subparagraph. To obtain status as Fully Qualified EIS Professionals,
they must enter the system as Entry Level EIS Professionals and complete the
conditions defined in clause (v) of this subparagraph.
(v)
Professional recognition for EIS Professionals hired after
September 1, 1995. Persons hired as EIS Professionals after September 1, 1995,
who are not Fully Qualified EIS Professionals are identified as Entry Level
EIS Professionals and to be recognized as Fully Qualified EIS Professionals
must:
(I)
meet the educational requirements of a bachelor's degree
which includes a minimum of 18 hours of course credit relevant to early intervention
service provision and submit a statement of intent to complete the required
demonstrations of early intervention knowledge and skills and apply for full
professional recognition;
(II)
within nine months of their hiring date, submit a progress
report of the demonstration of early intervention knowledge and skills completed
by their ECI program director and supervisor;
(III)
within two years of their hiring date, complete the required
demonstrations of early intervention knowledge and skills and submit documentation
to the state office; and
(IV)
complete the required processes or lose professional status
and privileges. If the required processes are not completed as specified in
subclauses (I)-(III) of this clause; they will no longer be able to independently
perform the scope of responsibilities of EIS Professionals as defined in clause
(ii) of this subparagraph.
(vi)
Continuing professional education requirements. EIS Professionals
must meet annual continuing professional education requirements to maintain
their status. Continuing professional education consists of the planned individual
learning experiences as described in the EIS Professional's annual Individual
Professional Development Plan (IPDP) which shall include completion of a minimum
of ten contact hours of approved continuing professional development education
experiences.
(vii)
EIS Professionals must submit annually the record of
their continuing education on or before the anniversary of the certificate
date.
(viii)
Registry. The Texas Interagency Council on Early Childhood
Intervention shall issue certificates of recognition to and maintain a registry
of individuals who successfully complete the requirements to be Fully Qualified
EIS Professionals.
(ix)
Grievance process. Each local agency shall have a procedure
for local resolution of personnel grievances. A party who has a disagreement
with the local decision regarding his qualifications or status as an EIS Professional
shall have an opportunity for dispute resolution at the local level. Agencies
may use existing personnel grievance procedures to resolve disagreements and
will inform their staff of their existence.
(x)
Complaints. Any individual or organization may file a complaint
with the Council alleging that a requirement of the applicable federal and/or
state regulations has been violated as provided in §621.43 of this title
(relating to Confidentiality).
(E)
The director of the local ECI program must provide and
document the amounts of appropriate supervision for all ECI contract staff
and program staff to ensure the philosophy and intent of these regulations
are met as adopted by the Interagency Council on Early Childhood Intervention.
(F)
Local programs must establish a procedure to ensure that
employees have not been convicted of any felony or a misdemeanor related to
child abuse or sexual abuse or any other offense against a person or family.
(6)
Inservice education. Each program shall annually assess
and address the training needs of the early childhood intervention staff.
Documentation of the development and implementation of each staff members
individualized professional development plan (IPDP) shall be maintained by
the program.
(7)
ECI child service standards.
(A)
Determination of staff-child ratios must take into account
the degree of each child's developmental level of functioning, the setting
in which the child will be served, and the nature of the comprehensive services
to be provided.
(B)
Programs which provide child care as defined by the Texas
Department of Human Services (TDHS) must meet licensing standards of TDHS.
(8)
Child health standards. Programs that receive ECI funds
must have written policies and procedures which are implemented and evaluated
in each of the following areas.
(A)
Medication policies. If staff is involved in the administration
of medication, written policies must be maintained regarding such administration.
(B)
Infectious disease prevention and management.
(i)
All programs must adhere to the procedures of the universal
precautions for the Texas Early Childhood Intervention Program, as issued
by the council.
(ii)
All programs must comply with the Texas Communicable Disease
Prevention and Control Act, Texas Civil Statutes, Article 4419b-1.
(iii)
In the event of an outbreak of a contagious disease,
infants attending center-based activities must be excluded if they have not
been immunized due to medical or religious contraindications.
(C)
Policies regarding serving children who are HIV positive.
The following requirements must be enforced in serving children who are HIV
positive.
(i)
Children with HIV infection must not be discriminated against
on the basis of HIV infection. Reasonable accommodations will be made to serve
them on the basis of individual need.
(ii)
Any information a parent may provide on the HIV status
of a child or family member will be deemed confidential and released only
to individuals designated by the parent.
(iii)
For identified children with HIV infection, with parental
consent, the staff must communicate with the physician responsible for medical
care and must involve the physician in programmatic decisions about treatment.
Communication with the physician must occur prior to assessment and on an
ongoing basis as needed.
(iv)
Programs cannot require HIV testing of children.
(9)
Safety regulations regarding emergencies for all buildings
where ECI programs are housed. Programs that receive ECI funds must have written
policies and procedures which are implemented and evaluated in the following
areas.
(10)
Accessibility and safety. Programs that receive ECI funds
must have written policies and procedures which are implemented and evaluated
in the following areas.
(A)
All ECI services must be available in buildings that are
physically accessible to persons with disabilities.
(B)
Buildings where the ECI program is housed (including offices)
must be inspected annually by a local or state fire authority. A safety and
sanitation inspection must be completed annually by an entity outside of the
ECI program using an approved ECI checklist. If the fire or safety and sanitation
inspection indicates that hazards exist, these hazards must be corrected.
(C)
Buildings must be clean, free of hazards, free of insect
and rodent infestation, in good repair, with adequate light, ventilation,
and temperature control.
(D)
An external emergency release mechanism must be provided
for opening interior doors that can be locked from the inside. Locks may not
be used to restrain a child within a room.
(E)
Buildings must be able to be safely evacuated in the event
of an emergency.
(11)
Transportation safety. Programs that receive ECI funds
must have written policies and procedures which are implemented and evaluated
in the following areas.
(A)
The transportation system operated by the ECI program must
meet local and state licensing, inspection, insurance, and capacity requirements.
(B)
Children must be transported in an appropriately installed,
federally approved child passenger restraint seat, appropriate to the child's
age and size.
(C)
Drivers of vehicles must have valid and appropriate drivers'
licenses. Drivers must have current defensive driving certification.
(D)
Drivers and drivers' aides must have training in first
aid, emergency care of seizures, and be certified in cardiopulmonary resuscitation
for children and infants.
(12)
Reporting child abuse. The program must report suspected
child abuse or neglect as required by the Texas Family Code, Chapter 261.
(13)
Staff health regulations. Programs that receive ECI funds
must have written policies and procedures which are implemented and evaluated
in the following areas.
(14)
Staff development for health and safety issues. Programs
that receive ECI funds must have written policies and procedures which are
implemented and evaluated in the following areas.
(A)
All staff who work directly with children must receive
training in first aid and emergency care of seizures and be certified in cardiopulmonary
resuscitation for children and infants.
(B)
All staff who work directly with children must receive
training in the implementation of universal precautions for Texas ECI programs
and in the recognition of common childhood illnesses.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of
the Secretary of State on July 2, 2001.
TRD-200103738
Donna Samuelson
Deputy Executive Director
Interagency Council on Early Childhood Intervention
Effective date: September 1, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 424-6750
Subchapter D. EARLY CHILDHOOD INTERVENTION ADVISORY COMMITTEE
25 TAC §621.62
The Interagency Council on Early Childhood Intervention (ECI)
adopts an amendment to §621.62, concerning the Early Childhood Intervention
Advisory Committee, with changes to the proposed text as published in the
May 25, 2001, issue of the
Texas Register
(26 TexReg 3695).
The changes are non-substantive and were suggested by a board member when
the board was approving for publishing as final.
The purpose of the adoption is to amend the composition of the Advisory
Committee in order to allow the Advisory Committee to better represent the
state agencies in Texas that provide services to children with developmental
delays.
ECI is the lead agency for providing early childhood intervention services
in Texas as required by federal law (Individuals with Disabilities Education
Act (IDEA), 20 USC 1400). IDEA requires the lead agency to have a State Interagency
Coordinating Council (ICC). In Texas, the State Interagency Coordinating Council
is the Advisory Committee established in Texas Human Resources Code §73.004.
The Committee must include representatives from a number of different agencies
that provide services to children with disabilities, and is charged with advising
and assisting the state ECI agency in carrying out agency duties.
Currently, the Texas Department of Human Services (TDHS) is designated
in rule as a governor appointed member of the ECI Advisory Committee and has
voting rights at meetings. The Texas Department of Protective and Regulatory
Services (DPRS) is not a governor appointed Advisory Committee member and
does not have voting rights on the Committee. Representatives from the two
agencies and ECI have agreed that because of the nature of the programs the
two agencies provide, these Advisory Committee positions should be amended
to designate DPRS as an official Advisory Committee member and remove TDHS
as a member.
This rule change will not preclude the Board from appointing members for
non-voting ad hoc or ex officio membership.
The rotation schedule for Committee member reappointments is being revised
to accurately reflect the number of Committee members and the dates their
terms expire in accordance with previous rule changes which modified the total
number of Committee members to 24. The new rotation schedule evenly divides
into 24.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Human Resources Code, §73.004,
Advisory Committee which authorizes the (ECI) Council to establish the size
and composition of the committee by rule, consistent with federal regulations
and state rules.
§621.62.Size, Composition, and Terms of Office.
(a)
Size. The advisory committee shall consist of 24 members
which the governor shall appoint.
(b)
Composition. The advisory committee shall be composed as
follows.
(1)
Official members must include:
(A)
at least seven parents, including minority parents of infants
or toddlers with developmental disabilities or children with developmental
disabilities aged 12 or younger, with knowledge of, or experience with, programs
for infants and toddlers with developmental disabilities. At least one such
member shall be a parent of an infant or toddler with a developmental disability
or a child with a developmental disability aged six or younger, and no parent
may be an employee of an early childhood intervention funded program;
(B)
at least five public or private providers of early childhood
intervention services, one of whom is a preschool specialist and a provider
of birth to three services in an educational service center;
(C)
at least one representative from the Texas Legislature;
(D)
at least one person involved in personnel preparation;
(E)
one representative from each of the following agencies
and public program: the Texas Department of Public Health; the Texas Department
of Mental Health and Mental Retardation; the Texas Department of Protective
and Regulatory Services; the Texas Education Agency; the Texas Department
of Insurance; the Texas Workforce Commission and Head Start. The representative
must have sufficient authority to engage in policy planning and implementation
on behalf of his or her agency. The Texas Education Agency representative
must be responsible for preschool services to children with disabilities;
(F)
a physician, preferably a pediatrician who deals with children
with developmental disabilities;
(G)
a public health professional who deals with children with
developmental disabilities; and
(H)
a professional advocate of the rights of young children
with developmental disabilities.
(2)
Ex officio members may be appointed by the Board to perform
specific, time-limited tasks as needed. The Board determines voting status
of ex officio members.
(c)
Terms of office. Official advisory committee members shall
serve staggered six-year terms of office, with the terms of eight members
expiring February 1 of each odd number year.
(d)
Chairperson. The advisory committee shall appoint the chairperson
of the advisory committee.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 2, 2001.
TRD-200103739
Donna Samuelson
Deputy Executive Director
Interagency Council on Early Childhood Intervention
Effective date: July 22, 2001
Proposal publication date: May 25, 2001
For further information, please call: (512) 424-6750