§ 1441. — State interagency coordinating council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1441]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER III--INFANTS AND TODDLERS WITH DISABILITIES
Sec. 1441. State interagency coordinating council
(a) Establishment
(1) In general
A State that desires to receive financial assistance under this
subchapter shall establish a State interagency coordinating council.
(2) Appointment
The council shall be appointed by the Governor. In making
appointments to the council, the Governor shall ensure that the
membership of the council reasonably represents the population of
the State.
(3) Chairperson
The Governor shall designate a member of the council to serve as
the chairperson of the council, or shall require the council to so
designate such a member. Any member of the council who is a
representative of the lead agency designated under section
1435(a)(10) of this title may not serve as the chairperson of the
council.
(b) Composition
(1) In general
The council shall be composed as follows:
(A) Parents
At least 20 percent of the members shall be parents of
infants or toddlers with disabilities or children with
disabilities aged 12 or younger, with knowledge of, or
experience with, programs for infants and toddlers with
disabilities. At least one such member shall be a parent of an
infant or toddler with a disability or a child with a disability
aged 6 or younger.
(B) Service providers
At least 20 percent of the members shall be public or
private providers of early intervention services.
(C) State legislature
At least one member shall be from the State legislature.
(D) Personnel preparation
At least one member shall be involved in personnel
preparation.
(E) Agency for early intervention services
At least one member shall be from 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 and shall have sufficient authority to engage in policy
planning and implementation on behalf of such agencies.
(F) Agency for preschool services
At least one member shall be from the State educational
agency responsible for preschool services to children with
disabilities and shall have sufficient authority to engage in
policy planning and implementation on behalf of such agency.
(G) Agency for health insurance
At least one member shall be from the agency responsible for
the State governance of health insurance.
(H) Head Start agency
At least one representative from a Head Start agency or
program in the State.
(I) Child care agency
At least one representative from a State agency responsible
for child care.
(2) Other members
The council may include other members selected by the Governor,
including a representative from the Bureau of Indian Affairs, or
where there is no BIA-operated or BIA-funded school, from the Indian
Health Service or the tribe or tribal council.
(c) Meetings
The council shall meet at least quarterly and in such places as it
deems necessary. The meetings shall be publicly announced, and, to the
extent appropriate, open and accessible to the general public.
(d) Management authority
Subject to the approval of the Governor, the council may prepare and
approve a budget using funds under this subchapter to conduct hearings
and forums, to reimburse members of the council for reasonable and
necessary expenses for attending council meetings and performing council
duties (including child care for parent representatives), to pay
compensation to a member of the council if the member is not employed or
must forfeit wages from other employment when performing official
council business, to hire staff, and to obtain the services of such
professional, technical, and clerical personnel as may be necessary to
carry out its functions under this subchapter.
(e) Functions of council
(1) Duties
The council shall--
(A) advise and assist the lead agency designated or
established under section 1435(a)(10) of this title in the
performance of the responsibilities set forth in such section,
particularly the identification of the sources of fiscal and
other support for services for early intervention programs,
assignment of financial responsibility to the appropriate
agency, and the promotion of the interagency agreements;
(B) advise and assist the lead agency in the preparation of
applications and amendments thereto;
(C) advise and assist the State educational agency regarding
the transition of toddlers with disabilities to preschool and
other appropriate services; and
(D) prepare and submit an annual report to the Governor and
to the Secretary on the status of early intervention programs
for infants and toddlers with disabilities and their families
operated within the State.
(2) Authorized activity
The council may advise and assist the lead agency and the State
educational agency regarding the provision of appropriate services
for children from birth through age 5. The council may advise
appropriate agencies in the State with respect to the integration of
services for infants and toddlers with disabilities and at-risk
infants and toddlers and their families, regardless of whether at-
risk infants and toddlers are eligible for early intervention
services in the State.
(f) Conflict of interest
No member of the council shall cast a vote on any matter that would
provide direct financial benefit to that member or otherwise give the
appearance of a conflict of interest under State law.
(Pub. L. 91-230, title VI, Sec. 641, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 116.)
Prior Provisions
A prior section 1441, Pub. L. 91-230, title VI, Sec. 641, Apr. 13,
1970, 84 Stat. 185; Pub. L. 95-49, Sec. 4, June 17, 1977, 91 Stat. 230;
Pub. L. 98-199, Secs. 3(b), 12, Dec. 2, 1983, 97 Stat. 1358, 1372; Pub.
L. 99-457, title III, Sec. 312, Oct. 8, 1986, 100 Stat. 1169; Pub. L.
100-630, title I, Sec. 105(b), Nov. 7, 1988, 102 Stat. 3299; Pub. L.
101-476, title V, Sec. 501, Oct. 30, 1990, 104 Stat. 1135; Pub. L. 102-
421, title II, Sec. 203, Oct. 16, 1992, 106 Stat. 2165, related to
grants, contracts, and cooperative agreements for research and related
activities, attention deficit disorder centers, and model demonstration
programs, prior to repeal by Pub. L. 105-17, title II, Sec. 203(c), June
4, 1997, 111 Stat. 157, effective Oct. 1, 1997.
Section Referred to in Other Sections
This section is referred to in sections 1411, 1432, 1435 of this
title.
