Current through Reg. 49, No. 38; September 20, 2024
(a) Statutory authority. The Early Childhood
Intervention (ECI) Advisory Committee is authorized and required under Part C
of the Individuals with Disabilities Education Act (IDEA),
RSA
1441; its implementing regulations, 34 C.F.R.
Part 303 , Subpart G State Interagency Coordinating Council; and Texas Human
Resources Code Chapter 73, Early Childhood Intervention Services. Failure to
establish the advisory committee would prohibit the Early Childhood
Intervention program from receiving federal financial assistance.
(b) Purpose. The committee assists and
advises the Texas Health and Human Services Commission (HHSC) in performing its
responsibility to provide early childhood intervention services to eligible
infants and toddlers and their families.
(c) Tasks. The committee performs the
following tasks:
(1) advises and assists:
(A) HHSC in developing and implementing the
policies that constitute the statewide early childhood intervention system;
and
(B) the Texas Education Agency
regarding appropriate services and the transition of toddlers with
developmental disabilities to services provided under IDEA, Part B;
(2) assists HHSC in achieving:
(A) full participation, coordination, and
cooperation of all appropriate public agencies;
(B) effective implementation of the statewide
system, by establishing a process that includes:
(i) seeking information from service
providers, service coordinators, parents, and others about any federal, state,
or local policies that impede timely service delivery; and
(ii) taking steps to ensure that any policy
problems are resolved;
(C) resolution of disputes to the extent
appropriate;
(3) advises
and assists HHSC in certain administrative duties including:
(A) identifying sources of fiscal and other
supports for services for early intervention programs;
(B) assigning financial responsibility to the
appropriate agency; and
(C)
promoting interagency agreements; and
(4) advises and assists HHSC in preparing
applications for funds under IDEA, Part C and amendments to those
applications.
(d)
Reporting requirements. The committee advises and assists HHSC in preparing an
annual report to the Governor of Texas and to the United States Secretary of
Education (Secretary). The report must:
(1)
provide the status of HHSC-contracted early childhood intervention services
programs;
(2) contain the
information required by the Secretary for the year for which the report is
made; and
(3) be submitted to the
Secretary by a date that the Secretary establishes.
(e) Open meetings. The ECI Advisory Committee
complies with the requirements for open meetings under
RSA
1441(c);
RSA
303.602, Texas Government Code Chapters 551,
552, and 2001; and the bylaws developed by the advisory committee. HHSC
accommodates special needs. Upon request, HHSC provides auxiliary aids or
services to persons with disabilities.
(f) Membership. The committee is composed of
no more than 25 official members appointed by the Governor of Texas. Except as
may be necessary to stagger terms, the term of office of each member is six
years.
(1) Members are appointed for staggered
terms so that the terms of eight members expire on February 1 of each
odd-numbered year.
(2) In addition
to the requirements in
RSA
1441(b) and
RSA
303.601, the committee is composed of the
following official members.
(A) At least
seven official members must be parents, including minority parents.
(i) The parent members must either be parents
of infants and toddlers with disabilities or be parents of children with
disabilities age 12 or younger, and also must have knowledge of, or experience
with, programs for infants and toddlers with disabilities.
(ii) At least one member must be a parent of
a child age six or younger with a disability, preferably a parent of an infant
or toddler with a disability.
(iii)
No parent member may be an employee of an HHSC-contracted early childhood
intervention program.
(B)
At least five official members must be public or private providers of early
childhood intervention services.
(C) At least one official member must be a
preschool specialist from an education service center.
(D) At least one official member must be a
physician, preferably a pediatrician who deals with children with developmental
disabilities.
(E) At least one
official member must be a professional advocate for the rights of young
children with developmental disabilities.
(3) In the event of a vacancy for any reason,
the Governor of Texas shall fill the vacancy with a representative of the same
membership category to serve the unexpired portion of the term of the vacant
position.
(4) HHSC may appoint ex
officio members to perform specific, time-limited tasks as needed. HHSC
determines voting status of ex officio members.
(5) HHSC may recommend to the Governor of
Texas the removal of any advisory committee member who is absent more than:
(A) half of the regularly scheduled meetings
that the member is eligible to attend during each calendar year; or
(B) two consecutive regularly scheduled
meetings that the member is eligible to attend.
(g) Officers. The committee elects its own
presiding officer or chairperson.
(h) Required Training. Each member shall
complete all training on relevant statutes and rules, including Texas
Government Code Chapters 551 and 552. Training will be provided by
HHSC.
(i) Compensatory Per Diem.
Official and ex officio members who attend meetings may be reimbursed for
expenses for meals, lodging, and transportation as established in the current
Texas State Appropriations Act, Article IX. The official and ex officio members
who are parents are entitled to reimbursement for childcare. All official and
ex officio members are entitled to reimbursement for attendant care.
