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.