BILL ANALYSIS C.S.S.B. 1099 By: Zaffirini Health and Human Services 04-27-95 Committee Report (Substituted) BACKGROUND Texas was one of the first states to develop a program like the Texas Interagency Council on Childhood Intervention (ECI), which was created in 1981. Federal law now requires states to provide childhood intervention services; therefore, ECI will risk losing federal funds if it does not comply with federal mandates. PURPOSE As proposed, C.S.S.B. 1099 amends provisions of Chapter 73, Human Resources Code, relating to the Texas Interagency Council on Early Childhood Intervention, to bring them into compliance with recent federal mandates. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the governing body of the Texas Interagency Council on Early Childhood Intervention under SECTIONS 9(b) and 12, and to the advisory committee to the Texas Interagency Council on Early Childhood Intervention under SECTION 12, of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 73.001, Human Resources Code, to define "board." Redefines "council" and "developmental delay." SECTION 2. Amends Section 73.002, Human Resources Code, as follows: Sec. 73.002. New heading: BOARD. (a) Declares that the Interagency Council on Early Childhood Intervention (council) is governed by a board composed of, among others, three lay members who are the parents of children with developmental delay. Requires the agency representative on the board to be a person in the agency with administrative responsibility for early childhood intervention related services. (b) Makes a conforming change. (c) Requires the board members to elect one member to serve as the presiding officer and one member to serve as assistant presiding officer. Requires officers to serve a two-year term. (d)-(e) Make conforming changes. (f) Requires the board to establish regulations, policies, and procedures for carrying out the council's duties under this chapter. (g) Requires the board to develop a method for responding to complaints regarding council services. SECTION 3N 3. Amends Chapter 73, Human Resources Code, by adding Section 73.0021, as follows: Sec. 73.0021. ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP. (a) Requires appointments to the board to be made without regard to certain personal characteristics. (b) Sets forth conditions under which a person is not eligible for board membership. SECTION 4. Amends Chapter 73, Human Resources Code, by adding Section 73.0022, as follows: Sec. 73.0022. REMOVAL OF BOARD MEMBERS. (a) Sets forth the grounds for removal of a board member. (b) Declares that the validity of an action of the board is not affected by the fact that it was taken when grounds for removal of a board member existed. (c) Requires the executive director of the council, if the executive director has knowledge that a potential ground for removal exists, to notify the presiding officer of the board. Requires the presiding officer to notify the appropriate appointing authority of the potential removal and cause for the potential removal. (d) Requires board members to be removed by a majority vote of a quorum of board members present at a board meeting. Counts the presence of a board member under consideration for removal in establishing a quorum. (e) Requires the appointing authority, if a board member is removed for cause, to make a subsequent appointment for the remainder of that board member's term. SECTION 5. Amends Section 73.003, Human Resources Code, as follows: Sec. 73.003. New heading: STRATEGIC PLAN. Requires the council to develop and implement a strategic plan for a statewide system of early childhood intervention services, as required by Part H, IDEA (Pub. L. No. 103-382) (20 U.S.C. Section 1400 et seq.), and its subsequent amendments to ensure that the provisions of this chapter are properly implemented by the agencies affected. Deletes a list of provisions that the plan is required to ensure and a requirement that the council make written recommendations for the carrying out of its duties. SECTION 6. Amends Section 73.004(b), Human Resources Code, to require the advisory committee to the council (advisory committee) to meet and serve under the rules of the board, and to elect its own presiding officer. SECTION 7. Amends Chapter 73, Human Resources Code, by adding Section 73.0041, as follows: Sec. 73.0041. ADVISORY COMMITTEE DUTIES. Requires the advisory committee under Section 73.004 or perform the duties and responsibilities required of an advisory committee under Part H, IDEA, and its subsequent amendments. SECTION 8. Amends Section 73.005, Human Resources Code, as follows: Sec. 73.005. New heading: BOARD POWERS AND DUTIES. (a) Requires the board, with the advice of the advisory committee, to address issues affecting intervention services in the state. (b) Requires the board to advise the legislature on legislation that is need to maintain a statewide system of quality services for all children with developmental delay who are under three years of age and the families of those children. SECTION 9. Amends Chapter 73, Human Resources Code, by adding Section 73.0051, as follows: Sec. 73.0051. POWERS AND DUTIES OF COUNCIL. (a) Makes the council the lead agency designated by the governor under Part H, IDEA, and its subsequent amendments for the administration, supervision, and monitoring of a statewide comprehensive system of early intervention services that will ensure that all infants and toddlers in this state who are below the age of three and have developmental needs or are at risk of developmental delay receive services that are provided in partnership with their families and in the context of their local community. (b) Requires the council, by rule, to provide for compliance with the terms and provision of applicable federal and state laws in the administration of programs and the delivery of services under this chapter. (c) Authorizes the council to enter into, administer, and monitor contracts with providers for programs and projects authorized under this chapter. (d) Requires the council to periodically monitor program activities and fiscal performance of the entities funded under this chapter to determine compliance with federal and state requirements and issue reports regarding program monitoring. (e) Authorizes the council to apply for and accept gifts, grants, and donations from public and private sources for use in programs authorized under this chapter. Requires the council to deposit money received under this section into the state treasury. (f) Requires the council to cooperate with the Health and Human Services Commission and other local, state, and federal agencies in the strategic planning, funding, delivery, and monitoring of services authorized under this chapter. (g) Requires the council to make periodic reports as required by law to other agencies, the legislature, appropriate committees, the governor, and the Secretary of the U.S. Department of Education. (h) Requires the council to ensure that all programs and council functions are conducted in a nondiscriminatory manner. SECTION 10. Amends Chapter 73, Human Resources Code, by adding Section 73.0052, as follows: Sec. 73.0052. PERSONNEL MATTERS. (a) Requires the board to provide to its members and council members, as often as necessary, information regarding their qualifications under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees. (b) Requires the board to employ an executive director and other necessary employees, and the executive director to establish necessary administrative units. (c) Requires the board, utilizing established standards, to evaluate the performance of the executive director annually. (d) Requires the executive director or a designee to develop an intra-agency career ladder program. Requires employees to be notified of all available positions. Requires posting, when appropriate, to be made available to council employees before public posting. (e) Requires the executive director of a designee to develop a system of annual performance evaluations based on measurable job tasks. Requires all merit pay for council employees to be based on the system established under this subsection. (f) Requires the executive director or a designee to prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity. Sets forth required information for the policy statement. (g) Requires the policy statement to cover an annual period, be updated at least annually, and be filed with the governor. SECTION 11. Amends Section 73.006, Human Resources Code, as follows: Sec. 73.006. New heading: REIMBURSEMENT FOR EXPENSES. (a) Entitles agency representatives on the board and the advisory committee to reimbursement for expenses. (b) Entitles the lay members of the board and advisory committee to reimbursement for reasonable and necessary expenses. Deletes attendant care from those expenses for which the lay members are entitled to reimbursement. (c) Requires the agencies represented on the board to provide staff support to the council as needed. (d) Entitles a board or advisory committee member who is disabled and who requires attendant care to perform the person's duties, to reimbursement for the cost of the attendant. Deletes existing Subsection (e) regarding an early childhood intervention administrator. SECTION 12. Amends Section 73.007, Human Resources Code, to require the council to develop a general public awareness strategy focusing on the importance of prenatal care and early identification of infants and toddlers with developmental delay, and the availability of resources to meet their needs; and a statewide plan for conducting training and technical assistance for service providers, primary referral sources, and families with children under three years of age with developmental delay. SECTION 13. Amends Section 73.008, Human Resources Code, to require the council to develop a statewide strategy for the early identification of children under three years of age with developmental delay and the coordination of programs with other agencies serving children with developmental delay. Makes a conforming change. SECTION 14. Amends Section 73.009(a), Human Resources Code, to authorize a child under three years of age and the child's family to be referred for services described by this section if the child is, among other factors, considered at risk for developmental delay, rather than considered at risk of developmental delay because of certain biological or environmental factors. SECTION 15. Amends Section 73.010, Human Resources Code, to make a child eligible for services under this chapter if the child is documented as having developmental delay or has a medically diagnosed physical or mental condition that has a high probability of resulting in developmental delay. Deletes existing Subsection (b) authorizing the council to charge fees for services under this chapter. SECTION 16. Amends Section 73.022, Human Resources Code, as follows: Sec. 73.022. FINANCES. (a) Requires the council to ensure compliance with requirements necessary to obtain the maximum amount and most advantageous federal funds possible; apply for, receive, administer, and spend federal and state funds for Part H, IDEA, dealing with infants and toddlers with developmental delay and their families; and authorize and account for the classification and spending of maintenance of effort and carryover funds from all sources in carrying out the programs under this chapter. (b) Requires all money paid to the council under this chapter to be deposited in the state treasury for use only in the administration of this chapter. (c) Subjects the financial transactions of the council to audit by the state auditor. (d) Requires the executive director to prepare and submit to the board a biennial budget and request for a legislative appropriation of funds necessary to carry out the duties of the council. (e) Requires the council to submit the budget and appropriations request to the Legislative Budget Board and the governor in the manner prescribed by law. (f) Requires the council to file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all council funds during the preceding year in accordance with the General Appropriations Act. Deletes provisions regarding federally funded programs. SECTION 17. Amends Chapter 73, Human Resources Code, by adding Section 73.023, as follows: Sec. 73.023. APPLICATION OF SUNSET ACT. Subjects the Interagency Council on Early Childhood Intervention to Chapter 325, Government Code. Provides that, unless continued in existence by that chapter, the council is abolished on September 1, 2003. SECTION 18. Amends Chapter 73, Human Resources Code, by adding Section 73.024, as follows: Sec. 73.024. OPEN MEETINGS; OPEN RECORDS; ADMINISTRATIVE PROCEDURE. Subjects the board, council, and advisory committee to Chapters 551, 552, and 2001, Government Code. SECTION 19. Amends Chapter 411F, Government Code, by adding Section 411.129, as follows: Sec. 411.129. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION. (a) Entitles the Interagency Council on Early Childhood Intervention to obtain a criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency that relates to an employee, applicant for permanent, temporary, or consultative employment, or volunteer positions whose employment or potential employment or volunteer position with the council or a local provider involves the delivery of early childhood intervention services or involves direct interactions with, or the opportunity to, interact and associate with children. (b) Prohibits criminal history record information obtained under Subsection (a) from being released or disclosed to any person except on court order, with the consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d). (c) Requires the council to destroy criminal history record information that relates to a person after the information is used for its authorized purpose. (d) Authorizes the council to provide the applicant, employee, professional consultant, or volunteer with a copy of the person's criminal history record information obtained from the Department of Public Safety, Federal Bureau of Investigation identification division, or another law enforcement agency. (e) Declares that the failure or refusal to provide a complete set of fingerprints or a complete name on request constitutes good cause for dismissal or refusal to hire. SECTION 20. Repealer: Sections 73.011-73.021, Human Resources Code (Parent Counseling and Case Management, Monitoring, Intervention Services, Report, New Program Strategy, Grant Request for Program, Approval Criteria, Program Approval, Program Standards, Council Guidelines, Program Monitoring). SECTION 21. Effective date: September 1, 1995. SECTION 22. Emergency clause.