| (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), 20 U.S.C. §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 20 U.S.C. §1441(c);
34 C.F.R. §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 20 U.S.C. §1441(b)
and 34 C.F.R. §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.
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