Current through September 18, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 27-1-1-1
Sec. 2.
(a) Members of the ICC shall be appointed by the governor. To the extent possible, the membership of the ICC shall reasonably represent the population and geographic diversity of Indiana.
(b) The governor shall designate a member of the ICC to serve as the chairperson of the ICC, or require the ICC to designate a chairperson from within its membership. A member of the ICC who is a representative of the division may not serve as chairman of the ICC. A chairman may be reappointed for succeeding terms.
(c) The ICC shall be composed as follows:
(1) At least twenty percent (20%) of the members must be parents, including minority parents, of infants or toddlers with disabilities or children who are twelve (12) years of age or younger who have knowledge of, or experience with, programs for infants and toddlers with disabilities. At least one (1) member must be a parent of an infant or toddler with a disability or a child with a disability who is six (6) years of age or younger.
(2) At least twenty percent (20%) of the members must be public or private providers of early intervention services.
(3) At least one (1) member must be a member of the general assembly.
(4) 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 must be represented by at least one (1) member. These members must have sufficient authority to engage in policy planning and implementation on behalf of the state agency the member represents.
(5) At least one (1) member must be involved in personnel preparation.
(6) At least one (1) member must represent a state educational agency responsible for preschool services to children with disabilities, and must have sufficient authority to engage in policy planning and implementation on behalf of the agency.
(7) At least one (1) member must represent the department of insurance created under IC 27-1-1-1, especially in the area of health insurance.
(8) At least one (1) member must represent a Head Start agency or program in the state.
(9) At least one (1) member must represent a state agency responsible for child care.
(10) The ICC may include other members selected by the governor.
(d) Members shall be appointed for a term of three (3) years and may be reappointed for succeeding terms. Vacancies on the ICC shall be filled by the governor.
(e) The governor or the chairman of the ICC may call a meeting of the ICC. The ICC shall meet at least quarterly.
(f) Meetings of the ICC must:
(1) be publicly announced sufficiently in advance of the meetings to ensure attendance by all interested parties; and
(2) be open and accessible to the public in accordance with federal and state laws, regulations, and rules.
(g) Interpreters for persons who are deaf, and other necessary services, must be provided at ICC meetings, both for ICC members and participants. The ICC may use Part C funds to pay for those services.
(h) No member of the ICC may cast a vote on any matter that would provide direct financial benefit to that member, his or her family, or place of employment, or otherwise give the appearance of a conflict of interest.
(i) The ICC may prepare and approve a budget using funds provided through the state infants and toddlers with disabilities program to do the following:
(1) Conduct hearings and forums.
(2) Reimburse members of the ICC for reasonable and necessary expenses for attending ICC meetings and performing ICC duties, including child care for the members who are representatives of parents.
(3) Pay compensation to a member of the ICC, if the member is not employed or is required to forfeit wages from other employment when absent from the other employment due to the performance of ICC business.
(4) Hire the staff and obtain services that are necessary to carry out the ICC's functions.
(j) The ICC shall do the following:
(1) Advise and assist the division in its responsibilities for the development and implementation of the early intervention system, particularly including the following:
(A) Identification of the sources of fiscal and other support for the early intervention system.
(B) Use of existing resources to the full extent in implementing the early intervention system.
(C) Promotion of the interagency agreements described in section 3 of this rule.
(2) Advise and assist the division in the preparation of applications and amendments required under 20 U.S.C. 1431 through 20 U.S.C. 1445.
(3) Advise and assist the Indiana state board of education regarding the transition of toddlers with disabilities to preschool special education services under IC 20-1-6[IC 20-1 was repealed by P.L. 1-2005, SECTION 240, effective July 1, 2005.], and the provision of appropriate services for children who are less than six (6) years of age.
(4) Prepare and submit an annual report to the governor, the general assembly, and the United States Secretary of Education, by January 1 of each year, concerning the status of early intervention programs for infants and toddlers with disabilities and their families.
(5) Assist the division in achieving the full participation, coordination, and cooperation of all appropriate state agencies.
(6) Make recommendations to participating agencies concerning improvements to each agency's delivery of services.
(7) Periodically request from the agencies responsible for providing early intervention services for infants and toddlers with disabilities and preschool special education programs, written reports concerning the implementation of each agency's respective programs.
(8) Assist the division in the effective implementation of the early intervention system by establishing a process that includes the following:
(A) Seeking information from service providers, service coordinators, parents, and others about any federal, state, or local policies that impede timely service delivery.
(B) Taking steps to ensure that any policy problems are identified and resolved.
(9) To the extent appropriate, assist the division in the resolution of disputes.
(10) With the approval of the state budget agency, assign financial responsibility to the appropriate participating state agency.
(11) Otherwise comply with 20 U.S.C. 1441, regarding the responsibilities of the ICC.
