State Interagency Coordinating Council; membership; meetings; duties of council; conflict of interests
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For the purposes of implementing this chapter, the Governor shall appoint a State Interagency Coordinating Council.
The council shall be appointed by the Governor. In making the appointments to the council, the Governor shall ensure that the membership of the council reasonably represents the population of the state.
The Governor shall designate a member of the council to serve as the chairperson of the council or shall require the council to so designate such a member. Any member of the council who is a representative of the lead agency may not serve as the chairperson of the council.
The council shall be composed as follows:
At least twenty percent (20%) of the members shall be parents, including minority parents, of infants or toddlers with disabilities or children with disabilities aged twelve (12) or younger, with knowledge of, or experience with, programs for infants and toddlers with disabilities. At least one (1) such member shall be a parent of an infant or toddler with a disability or a child with a disability aged six (6) or younger. Parental representatives shall not be employees of any agency or organization which provides early intervention services;
At least twenty percent (20%) of the members shall be public or private providers of early intervention services;
At least one (1) member shall be from the State Legislature;
At least one (1) member shall be involved in personnel preparation;
At least one (1) member shall be from each of the state agencies involved in the provision of or payment for early intervention services to infants and toddlers with disabilities and their families and shall have sufficient authority to engage in policy planning and implementation on behalf of such agencies;
At least one (1) member shall be from the state educational agency responsible for preschool services to children with disabilities and shall have sufficient authority to engage in policy planning and implementation on behalf of such agency;
At least one (1) member shall be from the agency responsible for the state governance of insurance, especially in the area of health insurance;
At least one (1) member must be from a Head Start agency or program in the state;
At least one (1) member must be from a state agency responsible for child care;
The council may include other members selected by the Governor, including a representative from the Bureau of Indian Affairs (BIA), or where there is no BIA operated or funded school, from the Indian Health Service or the tribe/tribal council.
The council shall meet at least quarterly in such places as it deems necessary. The meetings shall be publicly announced, and to the extent appropriate, open and accessible to the general public.
The council may prepare and approve a budget using Part C funds to conduct hearings and forums, to reimburse members of the council for reasonable and necessary expenses for attending council meetings and performing council duties (including child care for parent representatives), to pay compensation to a member of the council if such member is not employed or must forfeit wages from other employment when performing official council business, to hire staff, and to obtain the services of such professional, technical and clerical personnel as may be necessary to carry out its functions under this chapter.
The council shall:
Advise and assist the lead agency in the performance of its responsibilities, particularly the identification of the sources of fiscal and other support for services for early intervention programs, assignment of financial responsibility by the appropriate agency, and the promotion of the interagency agreements;
Advise and assist the lead agency in the preparation of applications for funding under Part C of Public Law 102-119;
Prepare and submit an annual report to the Governor and to the United States Secretary of Education on the status of early intervention programs for eligible infants and toddlers and their families operated within the state;
Advise and assist the lead agency in the development and implementation of the policies that constitute the statewide system;
Assist the lead agency in achieving the full participation, coordination and cooperation of all appropriate public agencies in the state;
Assist the lead agency in the effective implementation of the statewide system, by establishing a process that includes:
Seeking information from service providers, service coordinators, parents and others about any federal, state or local policies that impede timely service delivery; and
Taking steps to ensure that any policy problems are identified and resolved;
To the extent appropriate, assist the lead agency in the resolution of disputes;
Advise and assist the state educational agency regarding the transition of toddlers with disabilities to services provided under Section 619 of Part B of Public Law 105-17, to the extent such services are appropriate; and
Perform other functions as defined in the regulations.
The council may advise and assist the lead agency and the state educational agency regarding the provision of appropriate services for children aged birth to five (5), inclusive.
No member of the council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under state law.