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.