20 U.S.C. § 1441 : US Code - Section 1441: State interagency coordinating council

Search 20 U.S.C. § 1441 : US Code - Section 1441: State interagency coordinating council

(a) Establishment
(1) In general
A State that desires to receive financial assistance under this
subchapter shall establish a State interagency coordinating
council.
(2) Appointment
The council shall be appointed by the Governor. In making
appointments to the council, the Governor shall ensure that the
membership of the council reasonably represents the population of
the State.
(3) Chairperson
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 designated under section
1435(a)(10) of this title may not serve as the chairperson of the
council.
(b) Composition
(1) In general
The council shall be composed as follows:
(A) Parents
Not less than 20 percent of the members shall be parents of
infants or toddlers with disabilities or children with
disabilities aged 12 or younger, with knowledge of, or
experience with, programs for infants and toddlers with
disabilities. Not less than 1 such member shall be a parent of
an infant or toddler with a disability or a child with a
disability aged 6 or younger.
(B) Service providers
Not less than 20 percent of the members shall be public or
private providers of early intervention services.
(C) State legislature
Not less than 1 member shall be from the State legislature.
(D) Personnel preparation
Not less than 1 member shall be involved in personnel
preparation.
(E) Agency for early intervention services
Not less than 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.
(F) Agency for preschool services
Not less than 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.
(G) State medicaid agency
Not less than 1 member shall be from the agency responsible
for the State medicaid program.
(H) Head Start agency
Not less than 1 member shall be a representative from a Head
Start agency or program in the State.
(I) Child care agency
Not less than 1 member shall be a representative from a State
agency responsible for child care.
(J) Agency for health insurance
Not less than 1 member shall be from the agency responsible
for the State regulation of health insurance.
(K) Office of the Coordinator of Education of Homeless Children
and Youth
Not less than 1 member shall be a representative designated
by the Office of Coordinator for Education of Homeless Children
and Youths.
(L) State foster care representative
Not less than 1 member shall be a representative from the
State child welfare agency responsible for foster care.
(M) Mental health agency
Not less than 1 member shall be a representative from the
State agency responsible for children's mental health.
(2) Other members
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 BIA-funded school,
from the Indian Health Service or the tribe or tribal council.
(c) Meetings
The council shall meet, at a minimum, on a quarterly basis, and
in such places as the council determines necessary. The meetings
shall be publicly announced, and, to the extent appropriate, open
and accessible to the general public.
(d) Management authority
Subject to the approval of the Governor, the council may prepare
and approve a budget using funds under this subchapter 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
the 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 subchapter.
(e) Functions of council
(1) Duties
The council shall -
(A) advise and assist the lead agency designated or
established under section 1435(a)(10) of this title in the
performance of the responsibilities set forth in such section,
particularly the identification of the sources of fiscal and
other support for services for early intervention programs,
assignment of financial responsibility to the appropriate
agency, and the promotion of the interagency agreements;
(B) advise and assist the lead agency in the preparation of
applications and amendments thereto;
(C) advise and assist the State educational agency regarding
the transition of toddlers with disabilities to preschool and
other appropriate services; and
(D) prepare and submit an annual report to the Governor and
to the Secretary on the status of early intervention programs
for infants and toddlers with disabilities and their families
operated within the State.
(2) Authorized activity
The council may advise and assist the lead agency and the State
educational agency regarding the provision of appropriate
services for children from birth through age 5. The council may
advise appropriate agencies in the State with respect to the
integration of services for infants and toddlers with
disabilities and at-risk infants and toddlers and their families,
regardless of whether at-risk infants and toddlers are eligible
for early intervention services in the State.
(f) Conflict of interest
No member of the council shall cast a vote on any matter that is
likely to provide a direct financial benefit to that member or
otherwise give the appearance of a conflict of interest under State
law.