25 TAC §621.62
The Interagency Council on Early Childhood Intervention (ECI)
proposes an amendment to §621.62, concerning the Early Childhood Intervention
Advisory Committee.
The purpose of the proposal is to amend the composition of the Advisory
Committee in order to allow the Advisory Committee to better represent the
state agencies in Texas that provide services to children with developmental
delays.
ECI is the lead agency for providing early childhood intervention services
in Texas as required by federal law (Individuals with Disabilities Education
Act (IDEA), 20 USC 1400). IDEA requires the lead agency to have a State Interagency
Coordinating Council (ICC). In Texas, the State Interagency Coordinating Council
is the Advisory Committee established in Texas Human Resources Code §73.004.
The Committee must include representatives from a number of different agencies
that provide services to children with disabilities, and is charged with advising
and assisting the state ECI agency in carrying out agency duties.
Currently, the Texas Department of Human Services (TDHS) is designated
in rule as a governor appointed member of the ECI Advisory Committee and has
voting rights at meetings. The Texas Department of Protective and Regulatory
Services (DPRS) is not a governor appointed Advisory Committee member and
does not have voting rights on the Committee. Representatives from the two
agencies and ECI have agreed that because of the nature of the programs the
two agencies provide, these Advisory Committee positions should be amended
to designate DPRS as an official Advisory Committee member and remove TDHS
as a member.
This rule change will not preclude the Board from appointing members for
non-voting ad hoc or ex officio membership.
The rotation schedule for Committee member reappointments is being revised
to accurately reflect the number of Committee members and the dates their
terms expire in accordance with previous rule changes which modified the total
number of Committee members to 24. The new rotation schedule evenly divides
into 24.
Donna Samuelson, Deputy Executive Director, ECI, has determined that there
will be no fiscal implication for the state. There will be no fiscal implications
for local government as a result of enforcing or administering the rules.
Ms. Samuelson also has determined that for each year the proposed sections
are in effect, the public benefit anticipated as a result of enforcing the
sections will be a state Advisory Committee that more accurately reflects
the state agencies who serve children with developmental delays.
There will be no impact on local employment. There will be no adverse effect
on small or micro-business. There is no anticipated economic cost to persons
who are required to comply with the sections as proposed.
Questions about the content of this proposal may be directed to Donna Samuelson
at the Texas Interagency Council on Early Childhood Intervention at (512)
424-6754. Written comments on the proposal may be submitted to Donna Samuelson,
Deputy Director, Texas Interagency Council on Early Childhood Intervention,
4900 North Lamar, Austin, Texas, 78751-2399, within 30 days of publication
in the
Texas Register
.
The amendment is proposed under the Texas Human Resources Code, §73.004,
Advisory Committee which authorizes the (ECI) Council to establish the size
and composition of the committee by rule, consistent with federal regulations
and state rules.
No other statutes, articles or codes are affected by the proposal.
§621.62.Size, Composition, and Terms of Office.
(a)
Size. The advisory committee shall consist of 24 members
which the governor shall appoint.
(b)
Composition. The advisory committee shall be composed as
follows.
(1)
Official members must include:
(A)
at least seven parents, including minority parents of infants
or toddlers with developmental disabilities or children with developmental
disabilities aged 12 or younger, with knowledge of, or experience with, programs
for infants and toddlers with developmental disabilities. At least one such
member shall be a parent of an infant or toddler with a developmental disability
or a child with a developmental disability aged six or younger, and no parent
may be an employee of an early childhood intervention funded program;
(B)
at least five public or private providers of early childhood
intervention services, one of whom is an early childhood consultant and a
provider of birth to three services in an educational service center;
(C)
at least one representative from the Texas Legislature;
(D)
at least one person involved in personnel preparation;
(E)
one representative from each of the following agencies
and public program: the Texas Department of Public Health; the Texas Department
of Mental Health and Mental Retardation; the
Texas Department of Protective
and Regulatory Services
; [
Texas Department of Human Services;
]
the Texas Education Agency; the Texas Department of Insurance; the Texas Workforce
Commission and Head Start. The representative must have sufficient authority
to engage in policy planning and implementation on behalf of his or her agency.
The Texas Education Agency representative must be responsible for preschool
services to children with developmental disabilities;
(F)
a physician, preferably a pediatrician who deals with children
with developmental disabilities;
(G)
a public health professional who deals with children with
developmental disabilities; and
(H)
a professional advocate of the rights of young children
with developmental disabilities.
(2)
Ex officio members may be appointed by the Board to perform
specific, time-limited tasks as needed. Voting status of ex officio members
is determined by the Board.
(c)
Terms of office. Official advisory committee members shall
serve
staggered
[
for
] six-year terms of office, with
the terms of
eight
[
seven
] members expiring [
every
two years except on the third two-year cycle when terms of eight members will
expire. Terms will expire on
] February 1 of each odd number year.
(d)
Chairperson. The advisory committee shall appoint the chairperson
of the advisory committee.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 14, 2001.
TRD-200102656
Donna Samuelson
Deputy Executive Director
Interagency Council on Early Childhood Intervention
Earliest possible date of adoption: June 24, 2001
For further information, please call: (512) 424-6750