UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

September 20, 2021 

Honorable Cecile Young 

Executive Commissioner

Texas Health and Human Services Commission

4900 N. Lamar Boulevard 

Austin, Texas 78751 

cecile.young@hhsc.state.tx.us 

Dear Executive Commissioner Young: 

This letter regards the U.S. Department of Education’s Office of Special Education Programs 

(OSEP) Differentiated Monitoring and Supports (DMS) report dated, October 5, 2020, and 

summarizes OSEP’s review of the Texas Health and Human Services Commission (HHSC), 

Early Childhood Intervention (ECI) program response to the DMS report, dated February 3, 

2021. The State’s letter responded to the findings of noncompliance identified by OSEP, 

explained steps already taken by the state to address noncompliance, and included a proposed 

corrective action plan (CAP) as required in the monitoring report.1

In the monitoring report, OSEP identified significant noncompliance with HHSC’s 

implementation of the IDEA Part C program. OSEP attributes the noncompliance, in part, to 

State reductions of funding for the ECI program. While the State’s response indicated that 

additional funding has been provided in recent years and that further disruptions in service have 

not occurred since the monitoring visit, the requirements of IDEA Part C identified in the DMS 

report are applicable regardless of state funding levels. 

Specifically, OSEP found that HHSC has failed to: 

1. Provide appropriate EI services to all infants and toddlers with disabilities and their

families that are eligible for those services consistent with IDEA Section 635(a)(2) and

34 C.F.R. § 303.112, including, failing to:

a. Ensure its local ECI programs are appropriately maintaining records as required

by IDEA Section 637(b)(4), as well as 34 C.F.R. § 303.224(b), 2 C.F.R. §

200.333, and 2 C.F.R. § 200.303, in order to provide EI services to infants and

toddlers with disabilities in a timely manner;

b. Ensure that it has a comprehensive child find system in place that is able to

appropriately identify infants and toddlers with disabilities for IDEA Part C

services consistent with IDEA Section 635(a)(5) and 34 C.F.R. § 303.302(b)(1);

and

c. Ensure that IDEA Part C resources are available for all geographic areas in the

State consistent with IDEA Section 637(a)(7) and 34 C.F.R. § 303.207.

1 A copy of OSEP’s October 5, 2020 letter is available at 

https://www2.ed.gov/fund/data/report/idea/dmsrpts/index.html
Page 2 Honorable Cecile Young 

2. Implement its single line of responsibility authority including, general supervision and

coordination of all available resources for its ECI program consistent with IDEA Section

635(a)(10) and 34 C.F.R. § 303.120.

Based upon analysis of HHSC's response, including both completed and proposed corrective 

actions, OSEP has determined that the State must take additional steps to address and resolve 

each of these two findings of noncompliance and the required corrective actions outlined in the 

monitoring report. The Enclosure provides a detailed summary of each HHSC CAP item, 

OSEP's analysis of whether proposed actions fully address the required corrective action and a 

description of any documentation submitted by HHSC. For each outstanding finding of 

noncompliance with the IDEA requirements, the Enclosure highlights specific details about the 

finding, the respective citation(s), and, if required, any next steps and further actions HHSC

must take to verify correction of the noncompliance. OSEP welcomes HHSC's continued 

submission of additional information and documentation supporting the correction of any 

identified noncompliance stemming from OSEP's October 5, 2020 monitoring letter. 

OSEP recognizes the steps already taken by HHSC and the Enclosure also includes OSEP’s 

analysis of items identified in HHSC’s CAP that do not require further action. For instance, 

OSEP accepts HHSC’s proposed corrective action to increase the weight of federal Indicator 6 

related to the percent of the birth to three population each contractor is serving in its local 

performance determinations formula and HHSC’s proposed action to provide key partners with 

contact information for new ECI providers. Additionally, OSEP appreciates the State’s efforts to 

increase funding to address the provision of Part C services and to ensure that resources are made 

available to all geographic areas within the State as required under 34 C.F.R. § 303.207. 

We appreciate your efforts to improve results for children with disabilities. If you have any 

questions, please contact Travis Bryant, your OSEP State Lead, at 202-245-7442 or 

travis.bryant@ed.gov. 

Sincerely,

/s/

David Cantrell, PhD 

Acting Director 

Office of Special Education Programs