By Zaffirini                                          S.B. No. 1099
       74R7554 T
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the interagency council on early childhood
    1-3  intervention.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  TEXAS INTERAGENCY COUNCIL ON EARLY CHILDHOOD
    1-6  INTERVENTION.  The Texas Interagency Council on Early Childhood
    1-7  Intervention is an Agency of the State.  The Agency is composed of
    1-8  the Board, the Advisory Committee, the Executive Director, and
    1-9  other officers and employees required to efficiently carry out the
   1-10  purposes of this chapter.
   1-11        SECTION 2.  PURPOSE.  (a)  Under the board's direction, the
   1-12  council is responsible for the administration of a statewide
   1-13  comprehensive system of early intervention services authorized
   1-14  under IDEA, Part H (Public Law 102-119) and subsequent amendments,
   1-15  which will ensure that all infants and toddlers in Texas who are
   1-16  below the age of three and have developmental needs or are at risk
   1-17  of developmental delay, receive services that are provided in
   1-18  partnership with their families and within the context of their
   1-19  local community.
   1-20        (b)  Early intervention services shall be designed to:
   1-21              (1)  enhance the development of infants and toddlers,
   1-22  and maximize their potential to participate fully and productively
   1-23  in society; and,
   1-24              (2)  enhance the capacity of families to meet the needs
    2-1  of their infant and toddler with developmental delays.
    2-2        SECTION 3.  APPLICATION OF SUNSET ACT.  The council is
    2-3  subject to the Texas Sunset Act (Chapter 325, Government Code).
    2-4  Unless continued in existence as provided by that Act, the council
    2-5  is abolished on September 1, 2003.
    2-6        SECTION 4.  DEFINITIONS.  In this chapter:
    2-7              (1)  "Council" means the Texas Interagency Council on
    2-8  Early Childhood Intervention, an agency of the state.
    2-9              (2)  "Developmental delay" means a significant
   2-10  variation in normal development as measured by appropriate
   2-11  diagnostic instruments and procedures in one or more of the
   2-12  following areas:  cognitive development; physical development;
   2-13  communication development; social or emotional development; and
   2-14  adaptive development.
   2-15              (3)  "Board" means the governing body of the Texas
   2-16  Interagency Council on Early Childhood Intervention.
   2-17        SECTION 5.  ELIGIBILITY FOR SERVICES.  A child is eligible
   2-18  for early childhood comprehensive services if:
   2-19              (1)  The child is under three years of age; and
   2-20              (2)  The child is documented as developmentally delayed
   2-21  or has a medically diagnosed physical or mental condition that has
   2-22  a high probability of resulting in developmental delay.
   2-23        SECTION 6.  COORDINATION WITH STATE AGENCIES.  The council
   2-24  shall coordinate its activities with the Commission on Health and
   2-25  Human Services and other state agencies as necessary to ensure that
   2-26  infants and toddlers with developmental delay, or at risk for
   2-27  developmental delay receive appropriate services.
    3-1        SECTION 7.  APPLICABILITY OF OPEN MEETINGS; OPEN RECORDS AND
    3-2  ADMINISTRATIVE PROCEDURE ACT.  The council is subject to the Open
    3-3  Meetings Law, (VTCA, Government Code, Chapter 551); the Open
    3-4  Records Law, (VTCA, Government Code; Chapter 552) and the
    3-5  Administrative Procedure and Texas Register Act, (VTCA, Government
    3-6  Code, Section 2001.001.et. seq.)
    3-7        SECTION 8.  ELIGIBILITY REQUIREMENT FOR BOARD MEMBERSHIP.
    3-8  (a)  Appointments to the board shall be made without regard to
    3-9  race, color, disability, sex, religion, age, or national origin.
   3-10        (b)  A person is not eligible for appointment as a board
   3-11  member if:
   3-12              (1)  the person does not meet the eligibility
   3-13  requirements delineated in Section 9.
   3-14              (2)  the person or the person's spouse is an officer of
   3-15  an agency or paid counsel of an organization with which the council
   3-16  engages in a contractual relationship, or
   3-17              (3)  the person is required to register as a lobbyist
   3-18  under Chapter 305, Government Code, because of the person's
   3-19  activities on behalf of a profession or organization related to
   3-20  council functions.
   3-21        SECTION 9.  BOARD COMPOSITION AND OPERATING PROCEDURES.  (a)
   3-22  The board is composed of three lay members who are the parents of
   3-23  children with developmental delay, and one representative each from
   3-24  the Texas Department of Health, the Texas Department of Mental
   3-25  Health and Mental Retardation, the Texas Department of Human
   3-26  Services, the Central Education Agency, the Department of
   3-27  Protective and Regulatory Services, and the Texas Commission on
    4-1  Alcohol and Drug Abuse.  The governor with the advice and consent
    4-2  of the senate shall appoint the lay members, and the commissioner,
    4-3  director, or executive director of each agency shall appoint that
    4-4  agency's representative.
    4-5        (b)  Members of the board shall serve for staggered six-year
    4-6  terms, with the terms of three members expiring February 1 of each
    4-7  odd-numbered year.  If a member appointed by a state agency
    4-8  terminates employment with the agency, the member's position
    4-9  becomes vacant on the date of termination.
   4-10        (c)  The members of the board shall annually elect one member
   4-11  to serve as chair-person, and one member to serve as vice
   4-12  chairperson, for a term of two years.
   4-13        (d)  The board shall meet at least quarterly and shall adopt
   4-14  rules for conducting meetings.
   4-15        (e)  The board shall develop and implement policies that will
   4-16  provide the public with a reasonable opportunity to appear before
   4-17  the board and to speak on any issue under the jurisdiction of the
   4-18  board.
   4-19        SECTION 10.  REMOVAL OF BOARD MEMBERS.  (a)  It is a grounds
   4-20  for removal from the board if a member:
   4-21              (1)  is not eligible for appointment to the board
   4-22  pursuant to Section 9;
   4-23              (2)  does not maintain during the service on the board
   4-24  the qualifications required by Section 9;
   4-25              (3)  has, or develops a conflict of interest pursuant
   4-26  to state laws;
   4-27              (4)  cannot discharge the member's duties for a
    5-1  substantial part of the term of which the member if appointed
    5-2  because of illness or disability; or
    5-3              (5)  is absent for more than half of the regularly
    5-4  scheduled board meetings that the member is eligible to attend
    5-5  during a calendar year unless the absences are excused by a
    5-6  majority vote of the board.
    5-7        (b)  The validity of an action of the board is not affected
    5-8  by the fact that it is taken when grounds for removal of a board
    5-9  member exists.
   5-10        (c)  If the executive director has knowledge that a potential
   5-11  grounds for removal exists, the executive director shall notify the
   5-12  chairperson of the board of the grounds.  The chairperson shall
   5-13  then notify the appropriate appointing authority of the potential
   5-14  removal and the cause for the potential removal action.
   5-15        (d)  Board members shall be removed by a majority vote of a
   5-16  quorum of board members present at a duly convened board meeting.
   5-17  The presence of the board member(s) under consideration for removal
   5-18  shall county toward the establishment of a quorum.
   5-19        (e)  After removal of a board member for cause, subsequent
   5-20  appointments for the remainder of the term of a board member
   5-21  removed for cause shall be made by the statutory appointing
   5-22  authority.
   5-23        SECTION 11.  BOARD POWERS AND DUTIES.  (a)  The board is
   5-24  responsible for administering the early childhood intervention
   5-25  programs authorized in this chapter.  In the discharge of its
   5-26  statutory duties the board shall direct the council to:
   5-27              (1)  develop and implement a statewide program of early
    6-1  childhood intervention services for infants and toddlers with
    6-2  developmental delay pursuant to existing and subsequent federal
    6-3  legislation;
    6-4              (2)  define the term developmental delay that will be
    6-5  used for determining eligibility for services in programs under
    6-6  this chapter;
    6-7              (3)  establish timetables for ensuring that appropriate
    6-8  early intervention service will be available to all infants and
    6-9  toddlers with developmental delays in the state;
   6-10              (4)  ensure the implementation of a timely,
   6-11  comprehensive, multi-disciplinary evaluation of the functioning of
   6-12  each infant and toddler with developmental delay in the state and
   6-13  the needs of the families to appropriately assist in the
   6-14  development of the infant or toddler;
   6-15              (5)  require for each infant and toddler with
   6-16  developmental delay in the state, an individualized family service
   6-17  plan including service coordination;
   6-18              (6)  establish a comprehensive child find system,
   6-19  including a system for making referrals to service providers that
   6-20  includes timelines and provides for the participation by primary
   6-21  referral sources;
   6-22              (7)  develop and implement a public awareness program
   6-23  focusing on the early identification of infants and toddlers with
   6-24  developmental delay;
   6-25              (8)  develop and maintain a central directory which
   6-26  includes information about early intervention services, resources,
   6-27  and experts available in the state;
    7-1              (9)  function as the lead agency designated by the
    7-2  governor for carrying out:
    7-3                    (A)  the general administration, supervision and
    7-4  monitoring of programs and activities under this chapter, including
    7-5  the examination of quantified performance measures, to ensure
    7-6  compliance with all applicable federal and state statutes.
    7-7                    (B)  the identification and coordination of all
    7-8  available resources within the state from federal, state, local and
    7-9  private sources;
   7-10                    (C)  the assignment of financial responsibility
   7-11  to the appropriate agency;
   7-12                    (D)  the development of procedures to ensure that
   7-13  services are provided to infants and toddlers with developmental
   7-14  delay and their families in a timely manner pending the resolution
   7-15  of any disputes among public agencies or service providers;
   7-16                    (E)  the resolution of intra and interagency
   7-17  agreement disputes, and
   7-18                    (F)  the execution of formal interagency
   7-19  agreements that define the financial responsibility of each agency
   7-20  for early intervention services (consistent with state and federal
   7-21  law) and procedures for resolving disputes which will include all
   7-22  additional components necessary to ensure meaningful cooperation
   7-23  and coordination, and
   7-24                    (G)  maintenance of a relationship with the
   7-25  advisory committee;
   7-26              (10)  develop and implement a policy pertaining to
   7-27  contracting or making other arrangements with service providers to
    8-1  provide early intervention services in the state, consistent with
    8-2  the provision of this chapter;
    8-3              (11)  develop and implement procedures to withhold
    8-4  funding, cancel existing contracts, and deny the continuation of
    8-5  funding to providers;
    8-6              (12)  develop and implement a procedure for timely
    8-7  reimbursement of funds used under this chapter;
    8-8              (13)  develop and monitor the implementation of
    8-9  procedural safeguards, including standards related to
   8-10  confidentiality, information collection, inspection, exchange of
   8-11  information and records retention;
   8-12              (14)  develop and monitor the implementation of
   8-13  policies and procedures relating to the establishment and
   8-14  maintenance of standards to ensure that personnel necessary to
   8-15  carry out this Chapter are appropriately and adequately prepared
   8-16  and trained;
   8-17              (15)  develop and implement a system for compiling data
   8-18  on the infants and toddlers with developmental delay and their
   8-19  families in the state in need of appropriate early intervention
   8-20  services, the number of infants and toddlers and their families
   8-21  served, the services provided, and other information required by
   8-22  the Secretary of the U.S. Department of Education, the Legislative
   8-23  Budget Board, the legislature, or others;
   8-24              (16)  develop and implement a system of fiscal
   8-25  accountability and audit requirements for its own activities and
   8-26  for the providers or other organizations it funds;
   8-27              (17)  develop and implement a strategic operating plan
    9-1  based on the goals and priorities of the state;
    9-2              (18)  propose and adopt rules to ensure compliance with
    9-3  state and federal laws and to facilitate the implementation of
    9-4  council programs and activities.
    9-5              (19)  provide training and technical assistance to
    9-6  service providers, consumers, and primary referral sources;
    9-7              (20)  promote innovative service delivery at the local
    9-8  level;
    9-9              (21)  develop and implement procedures for the
   9-10  administrative operations of the council;
   9-11              (22)  make periodic reports as required by law to other
   9-12  agencies, the legislature, appropriate committees, the governor and
   9-13  the Secretary of the U.S. Department of Education;
   9-14              (23)  ensure that all programs and council functions
   9-15  are conducted in a non-discriminatory manner; and
   9-16              (24)  ensure that relevant program standards with
   9-17  specific measurable outcomes are established and monitored
   9-18  periodically.
   9-19        SECTION 12.  ADVISORY COMMITTEE COMPOSITION AND OPERATING
   9-20  PROCEDURES.  (a)  The governor shall appoint an advisory committee
   9-21  to assist the board in the performance of its duties.  The board
   9-22  shall establish the size, terms of office, and composition of the
   9-23  committee by rule, consistent with federal regulations and state
   9-24  rules.  The governor or the board may also appoint ex officio
   9-25  members to serve for specific
   9-26        (b)  The committee shall select its own officers and
   9-27  establish rules of operation for committee deliberations, removal
   10-1  of committee members, and the identification and resolution of
   10-2  conflict of interest issues.
   10-3        SECTION 13.  ADVISORY COMMITTEE DUTIES.  The Advisory
   10-4  Committee shall:
   10-5        (a)  advise and assist the board in the development and
   10-6  implementation of the policies that govern the statewide system;
   10-7        (b)  assist the board in achieving the full participation,
   10-8  coordination and cooperation of all appropriate public agencies in
   10-9  the state;
  10-10        (c)  assist the board in the effective implementation of the
  10-11  statewide system by establishing a process that includes:
  10-12              (1)  seeking information from service providers, case
  10-13  managers, parents and others about federal, state or local policies
  10-14  which are barriers to efficient and timely service delivery; and
  10-15              (2)  procedures to ensure that policy problems are
  10-16  resolved; and
  10-17              (3)  to the extent appropriate, assist the board in the
  10-18  resolution of disputes.
  10-19        (d)  advise and assist the board in the performance of its
  10-20  administrative duties, including, identifying sources of fiscal and
  10-21  other support for services for early intervention programs;
  10-22  applications for funding; assigning financial responsibility to the
  10-23  appropriate agency and promoting interagency agreements;
  10-24        (e)  advise and assist the council and the Central Education
  10-25  Agency regarding:
  10-26              (1)  the provision of appropriate services for children
  10-27  aged birth to five years;
   11-1              (2)  the transition of toddlers with disabilities to
   11-2  services provided under IDEA, Part B (Public Law 102-119) and
   11-3  subsequent amendments; and
   11-4              (3)  the coordination regarding activities to locate
   11-5  children who potentially are eligible for services under IDEA
   11-6  (Public Law 102-119), and subsequent amendments; and
   11-7              (4)  the coordination of services for infants and
   11-8  toddlers who are under three years of age with auditory or visual
   11-9  handicaps;
  11-10        (f)  prepare and submit annual and all other reports to the
  11-11  governor and Secretary of the U.S. Department of Education on the
  11-12  status of the state's early intervention programs; and
  11-13        (g)  submit required reports to the Secretary of the U.S.
  11-14  Department of Education.
  11-15        SECTION 14.  REIMBURSEMENT FOR EXPENSES.  (a)  Agency
  11-16  representatives on the board and the advisory committee are
  11-17  entitled to reimbursement for expenses incurred in the performance
  11-18  of their statutory duties by the appointing agencies in accordance
  11-19  with the travel provisions for state employees in the General
  11-20  Appropriations Act.
  11-21        (b)  The lay members on the board and advisory committee are
  11-22  entitled to reimbursement from the board for reasonable and
  11-23  necessary expenses incurred in the performance of council or
  11-24  advisory committee duties, including reimbursement for child care.
  11-25        (c)  Any board or advisory committee member who is disabled,
  11-26  and who, because of the disability, requires attendant care to
  11-27  perform their duties, is entitled to reimbursement for the cost of
   12-1  the attendant.
   12-2        SECTION 15.  PERSONNEL MATTERS.  (a)  The board shall provide
   12-3  to its members and employees, as often as necessary, information
   12-4  regarding their qualification under this chapter and their
   12-5  responsibilities under applicable laws relating to standards of
   12-6  conduct for state officers or employees.
   12-7        (b)  The board shall employ an executive director, and the
   12-8  executive director shall establish necessary administrative units,
   12-9  and hire other necessary employees.
  12-10        (c)  Utilizing established standards, the board shall
  12-11  evaluate the performance of the executive director annually.
  12-12        (d)  The executive director or the executive director's
  12-13  designee shall develop an intra-agency career ladder program.
  12-14  Employees will be notified of all available positions.  When
  12-15  appropriate, postings will be made available to council employees
  12-16  before public posting.
  12-17        (e)  The executive director or the executive director's
  12-18  designee shall develop a system of annual performance evaluations
  12-19  based on measurable job tasks.  All merit pay for council employees
  12-20  must be based on the system established under this subsection.
  12-21        (f)  The executive director or the executive director's
  12-22  designee shall prepare and maintain a written policy statement to
  12-23  assure implementation of a program of equal employment opportunity
  12-24  under which all personnel transactions are made without regard to
  12-25  race, color, handicap, sex, religion, age, or national origin.  The
  12-26  policy statement must include:
  12-27              (1)  personnel policies, including policies relating to
   13-1  recruitment, evaluation, selection, appointment, training, and
   13-2  promotion of personnel;
   13-3              (2)  a comprehensive analysis of the agency work force
   13-4  that meets federal and state guidelines; and
   13-5              (3)  procedures by which a determination can be made of
   13-6  significant under-utilization in the council's work force of all
   13-7  person for whom federal or state guide-lines encourage a more
   13-8  equitable balance and reasonable methods to appropriately address
   13-9  those areas of significant underutilization.
  13-10        (g)  The policy statement prepared under Subsection (f) must:
  13-11              (1)  cover an annual period;
  13-12              (2)  be updated at least annually, and
  13-13              (3)  be filed with the governor.
  13-14        SECTION 16.  FINANCES.  (a)  The council is the state agency
  13-15  to:
  13-16              (1)  comply with any requirements necessary to obtain
  13-17  federal funds in the maximum amount and the most advantageous
  13-18  proportions possible;
  13-19              (2)  apply for, receive, administer, and expend federal
  13-20  and state funds for IDEA, Part H (Public Law 102-119), and
  13-21  subsequent amendments, dealing with infants and toddlers from birth
  13-22  to age three with developmental delay, and their families; and
  13-23              (3)  authorize and account for the classification and
  13-24  expenditure of maintenance of effort and carryover funds from all
  13-25  sources in carrying out the programs funded under this chapter.
  13-26        (b)  All money paid to the council under this chapter shall
  13-27  be deposited in the state treasury and may be used only for the
   14-1  administration of this chapter.
   14-2        (c)  The financial transactions of the council are subject to
   14-3  audit by the state auditor in accordance with Chapter 321,
   14-4  Government Code.
   14-5        (d)  The executive director shall prepare and submit to the
   14-6  board for approval a biennial budget and request for an
   14-7  appropriation by the legislature of funds necessary to carry out
   14-8  the duties of the council.  The budget and request must include an
   14-9  estimate of all federal funds to be allocated to the state for the
  14-10  performance of the council's duties.
  14-11        (e)  The council shall submit the budget and appropriations
  14-12  request to the Legislative Budget Board and the governor in the
  14-13  manner prescribed by law.
  14-14        (f)  The council shall file annually with the governor and
  14-15  the presiding officer of each house of the legislature a complete
  14-16  and detailed written report accounting for all funds received and
  14-17  disbursed by the council during the preceding year in accordance
  14-18  with the General Appropriations Act.
  14-19        SECTION 17.  CONTRACTS.  (a)  The board shall have the
  14-20  authority to make and administer contracts from funds received from
  14-21  state, federal and private sources for the achievement of the
  14-22  purposes of this chapter.
  14-23        (b)  The authority established herein shall include the
  14-24  authority to withhold funding, cancel contracts and deny
  14-25  continuation contracts to existing providers.
  14-26        (c)  The board may delegate the authorities established
  14-27  herein to the executive director.
   15-1        SECTION 18.  GIFTS, GRANTS AND DONATIONS.  (a)  The board may
   15-2  authorize the council to apply for, accept and disburse gifts,
   15-3  grants, and donations from public or private sources to perform any
   15-4  of the powers or duties delineated in this chapter.
   15-5        SECTION 19.  OBTAINING CRIMINAL RECORDS.  (a)  The council
   15-6  may obtain criminal history record information from the Texas Board
   15-7  of Criminal Justice and the Texas Department of Public Safety if
   15-8  the records relate to an applicant for employment by the council or
   15-9  providers who deliver early childhood intervention services.  The
  15-10  Texas Board of Criminal Justice and the Texas Department of Public
  15-11  Safety upon request shall supply criminal history record
  15-12  information applying to applicants for employment by the agency or
  15-13  providers funded by the council.  The council shall treat all
  15-14  criminal history record information as privileged and confidential.
  15-15        (b)  The council may release information obtained under this
  15-16  section to a provider that employs or is considering employing a
  15-17  person for a position in its program.
  15-18        SECTION 20.  Chapter 73, Human Sources Code, is repealed.
  15-19        SECTION 21.  This Act takes effect September 1, 1995.
  15-20        SECTION 22.  The importance of this legislation and the
  15-21  crowded condition of the calendars in both houses create an
  15-22  emergency and an imperative public necessity that the
  15-23  constitutional rule requiring bills to be read on three several
  15-24  days in each house be suspended, and this rule is hereby suspended.