UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

May 2, 2023 

Honorable Cecile Young

Executive Commissioner 

Texas Health and Human Services Commission

4601 W. Guadalupe St.

Austin, Texas 78751 

cecile.young@hhsc.state.tx.us 

Dear Executive Commissioner Young: 

I write to you as follow up to the U.S. Department of Education’s Office of Special Education 

Program’s (OSEP’s) Differentiated Monitoring and Supports (DMS) report dated October 5, 

2020, which identified findings under Part C of the Individuals with Disabilities Education Act 

(IDEA). This letter summarizes OSEP’s review of the corrective actions taken by the State lead 

agency, the Texas Health and Human Services Commission (HHSC), Early Childhood 

Intervention (ECI) program and closes out the findings of noncompliance identified in OSEP’s 

DMS report. 

Specifically, OSEP’s DMS report found that HHSC failed to: 

1. Provide appropriate Early Intervention (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 under 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. 

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. 

In a letter dated February 3, 2021, HHSC responded to the findings of noncompliance identified 

by OSEP, explained steps the State had already taken to address noncompliance, and included a 

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

 OSEP approved the 

CAP on September 20, 2021, and identified additional documentation that would be required to 

close the outstanding findings of noncompliance. In its 2021 response, OSEP requested 

additional documentation related to sections 1.c.1 and 1.d.2 of the CAP. Specifically, under 

1.c.1, OSEP requested HHSC to identify the specific steps or the plan developed based upon the 

1 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

data collected from the self-assessment tool distributed as part of the CAP. Under 1.d.2, OSEP 

requested documentation demonstrating that training identified under the CAP was completed. In 

a letter dated, December 20, 2022, the State provided the additional documentation and requested 

that OSEP close out the findings of noncompliance.

Based upon analysis of evidence submitted by HHSC, OSEP has determined that the State has 

taken the necessary steps to address and resolve the findings of noncompliance and the 

required corrective actions outlined in the OSEP’s 2020 monitoring report. 

We appreciate your efforts to improve results for infants and toddler with disabilities and their 

families. If you have anyquestions, please contact Travis Bryant, your OSEP State Lead, at 202-

245-7442 or travis.bryant@ed.gov.

Sincerely,

Valerie C. Williams

Director

Office of Special Education Programs

cc: Texas Part C Coordinator