26 Tex. Admin. Code § 350.1209
HHSC coordinates the State Education Agency's (SEA) notification of children potentially eligible for special education services, in compliance with 34 CFR § 303.209(b). HHSC will send notification of children potentially eligible for special education services to the SEA at least 90 days before each child's third birthday, or as soon as possible for children who are determined eligible for ECI services more than 45 but less than 90 days before the child's third birthday. If a referral is received for a child fewer than 45 days before the child's third birthday and the child may be potentially eligible for preschool special education services, HHSC will, with written parental consent, refer the child directly to the SEA.
26 Tex. Admin. Code § 350.1209