March 22 issue (all sections) - Texas Secretary of State

Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: April 21, 2013
For further information, please call: (512) 424-4050
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CHAPTER 108. DIVISION FOR EARLY
CHILDHOOD INTERVENTION SERVICES
The Texas Health and Human Services Commission (HHSC), on
behalf of the Texas Department of Assistive and Rehabilitative
Services (DARS), proposes to amend Subchapter A, General
Rules, §108.101; and Subchapter B, Procedural Safeguards and
Due Process Procedures, §108.217 and §108.218.
BACKGROUND AND PURPOSE
DARS proposes the amendments to comply with guidance received
by DARS from the U.S. Department of Education, Office
of Special Education and Rehabilitative Services (OSERS), Office
of Special Education Programs (OSEP), concerning the Individuals
with Disabilities Education Act (IDEA), Part C, State
Application and Assurances.
SECTION-BY-SECTION SUMMARY
DARS proposes to amend §108.101 (relating to Purpose) to include
language requiring that new policies or revisions to existing
policies be adopted in compliance with 34 CFR §303.208,
Public Participation Policies and Procedures, and Texas Government
Code, Chapter 2001, Administrative Procedure; §108.217
(relating to Procedures for Investigation and Resolution of Complaints)
to update an internal citation; and §108.218 (relating to
Mediation) to add the qualifier "if possible" to the requirement
that a request for mediation must show that it has been sent to
all other parties or that attempts to do so have been made.
FISCAL NOTE
Mary Wright, DARS Chief Financial Officer, has determined that
for each year of the first five years that the proposed amendments
will be in effect, there are no foreseeable fiscal implications
to either costs or revenues of state or local governments
as a result of enforcing or administering the amendments.
PUBLIC BENEFIT
Ms. Wright also has determined that the public benefit anticipated
as a result of administering and enforcing the amended
rules will be to assure the public that the necessary rules are in
place to provide a clear and concise understanding of the services
provided by ECI. Ms. Wright has also determined that there
is no probable economic cost to persons who are required to
comply with the proposal.
SMALL AND MICRO-BUSINESS ANALYSIS AND ECONOMIC
COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOY-
MENT
Further, in accordance with Texas Government Code,
§2001.022, Ms. Wright has determined that the proposed
amendments will not affect a local economy, and, therefore,
no local employment impact statement is required. Finally,
Ms. Wright has determined that the proposed amendments
will have no adverse economic effect on small businesses or
micro-businesses.
REGULATORY ANALYSIS
DARS has determined that this proposal is not a "major environmental
rule" as defined by Government Code, §2001.0225.
"Major environmental rule" is defined to mean a rule the specific
intent of which is to protect the environment or reduce risk
to human health from environmental exposure and that may adversely
affect, in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment or the
public health and safety of a state or a sector of the state. This
proposal is not specifically intended to protect the environment
or reduce risks to human health from environmental exposure.
TAKINGS IMPACT ASSESSMENT
DARS has determined that the proposed amendments do not
restrict or limit an owner's right to his or her property that would
otherwise exist in the absence of government action and, therefore,
do not constitute a taking under Texas Government Code,
§2007.043.
PUBLIC COMMENT
Written comments on the proposed amendments may be submitted
within 30 days of publication of this proposal in the Texas
Register to the Texas Department of Assistive and Rehabilitative
Services, 4800 North Lamar Boulevard, Suite 200, Austin, Texas
78756 or electronically to DARSRules@dars.state.tx.us.
SUBCHAPTER A. GENERAL RULES
40 TAC §108.101
STATUTORY AUTHORITY
The proposed amendment is authorized by the Texas Human
Resources Code, Chapters 73 and 117; and the IDEA, as
amended, 20 USC §1400 et seq. and its implementing regulations,
34 CFR Part 303, as amended. These amendments are
proposed pursuant to HHSC's statutory rulemaking authority
under Texas Government Code, Chapter 531, §531.0055(e),
which provides the Executive Commissioner of HHSC with the
authority to promulgate rules for the operation and provision
of health and human services by health and human services
agencies.
No other statute, article, or code is affected by this proposal.
§108.101. Purpose.
(a) - (c) (No change.)
(d) New policies or revisions to existing policies will be
adopted in compliance with 34 CFR §303.208 and Texas Government
Code, Chapter 2001.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on March 5, 2013.
TRD-201300990
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: April 21, 2013
For further information, please call: (512) 424-4050
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PROPOSED RULES March 22, 2013 38 TexReg 1967