H. R. 1350—112
‘‘(C) other appropriate written methods as determined
by the Chief Executive Officer of the State or designee
of the officer and approved by the Secretary through the
review and approval of the State’s application pursuant
to section 637.
‘‘(c) REDUCTION
OF OTHER BENEFITS.—Nothing in this part
shall be construed to permit the State to reduce medical or other
assistance available or to alter eligibility under title V of the Social
Security Act (relating to maternal and child health) or title XIX
of the Social Security Act (relating to medicaid for infants or tod-
dlers with disabilities) within the State.
‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—A State that desires to receive financial
assistance under this part 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 635(a)(10) may not serve
as the chairperson of the council.
‘‘(b) COMPOSITION.—
‘‘(1) IN GENERAL.—The council shall be composed as follows:
‘‘(A) PARENTS.—Not less than 20 percent of the mem-
bers 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. Not less than 1 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.—Not less than 20 percent
of the members shall be public or private providers of
early intervention services.
‘‘(C) STATE
LEGISLATURE.—Not less than 1 member
shall be from the State legislature.
‘‘(D) PERSONNEL
PREPARATION.—Not less than 1
member shall be involved in personnel preparation.
‘‘(E) AGENCY FOR EARLY INTERVENTION SERVICES.—Not
less than 1 member shall be from each of the State agencies
involved in the provision of, or payment for, early interven-
tion 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.—Not less than
1 member shall be from the State educational agency
responsible for preschool services to children with disabil-
ities and shall have sufficient authority to engage in policy
planning and implementation on behalf of such agency.
H. R. 1350—113
‘‘(G) STATE MEDICAID AGENCY.—Not less than 1 member
shall be from the agency responsible for the State medicaid
program.
‘‘(H) HEAD START AGENCY.—Not less than 1 member
shall be a representative from a Head Start agency or
program in the State.
‘‘(I) CHILD CARE AGENCY.—Not less than 1 member
shall be a representative from a State agency responsible
for child care.
‘‘(J) AGENCY FOR HEALTH INSURANCE.—Not less than
1 member shall be from the agency responsible for the
State regulation of health insurance.
‘‘(K) OFFICE OF THE COORDINATOR OF EDUCATION OF
HOMELESS CHILDREN AND YOUTH.—Not less than 1 member
shall be a representative designated by the Office of Coordi-
nator for Education of Homeless Children and Youths.
‘‘(L) STATE FOSTER CARE REPRESENTATIVE.—Not less
than 1 member shall be a representative from the State
child welfare agency responsible for foster care.
‘‘(M) MENTAL
HEALTH
AGENCY.—Not less than 1
member shall be a representative from the State agency
responsible for children’s mental health.
‘‘(2) OTHER MEMBERS.—The council may include other mem-
bers selected by the Governor, including a representative from
the Bureau of Indian Affairs (BIA), 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 a minimum, on
a quarterly basis, and in such places as the council determines
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 part 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 part.
‘‘(e) FUNCTIONS OF COUNCIL.—
‘‘(1) DUTIES.—The council shall—
‘‘(A) advise and assist the lead agency designated or
established under section 635(a)(10) 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 prepara-
tion 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
H. R. 1350—114
‘‘(D) prepare and submit an annual report to the Gov-
ernor and to the Secretary on the status of early interven-
tion 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 is likely to provide a direct financial
benefit to that member or otherwise give the appearance of a
conflict of interest under State law.
‘‘SEC. 642. FEDERAL ADMINISTRATION.
‘‘Sections 616, 617, and 618 shall, to the extent not inconsistent
with this part, apply to the program authorized by this part, except
that—
‘‘(1) any reference in such sections to a State educational
agency shall be considered to be a reference to a State’s lead
agency established or designated under section 635(a)(10);
‘‘(2) any reference in such sections to a local educational
agency, educational service agency, or a State agency shall
be considered to be a reference to an early intervention service
provider under this part; and
‘‘(3) any reference to the education of children with disabil-
ities or the education of all children with disabilities shall
be considered to be a reference to the provision of appropriate
early intervention services to infants and toddlers with disabil-
ities.
‘‘SEC. 643. ALLOCATION OF FUNDS.
‘‘(a) RESERVATION OF FUNDS FOR OUTLYING AREAS.—
‘‘(1) IN GENERAL.—From the sums appropriated to carry
out this part for any fiscal year, the Secretary may reserve
not more than 1 percent for payments to Guam, American
Samoa, the United States Virgin Islands, and the Common-
wealth of the Northern Mariana Islands in accordance with
their respective needs for assistance under this part.
‘‘(2) CONSOLIDATION OF FUNDS.—The provisions of Public
Law 95–134, permitting the consolidation of grants to the out-
lying areas, shall not apply to funds those areas receive under
this part.
‘‘(b) PAYMENTS TO INDIANS.—
‘‘(1) IN GENERAL.—The Secretary shall, subject to this sub-
section, make payments to the Secretary of the Interior to
be distributed to tribes, tribal organizations (as defined under
section 4 of the Indian Self-Determination and Education
Assistance Act), or consortia of the above entities for the
coordination of assistance in the provision of early intervention
services by the States to infants and toddlers with disabilities
and their families on reservations served by elementary schools
and secondary schools for Indian children operated or funded
by the Department of the Interior. The amount of such payment
H. R. 1350—115
for any fiscal year shall be 1.25 percent of the aggregate of
the amount available to all States under this part for such
fiscal year.
‘‘(2) ALLOCATION.—For each fiscal year, the Secretary of
the Interior shall distribute the entire payment received under
paragraph (1) by providing to each tribe, tribal organization,
or consortium an amount based on the number of infants and
toddlers residing on the reservation, as determined annually,
divided by the total of such children served by all tribes, tribal
organizations, or consortia.
‘‘(3) INFORMATION.—To receive a payment under this sub-
section, the tribe, tribal organization, or consortium shall
submit such information to the Secretary of the Interior as
is needed to determine the amounts to be distributed under
paragraph (2).
‘‘(4) USE OF FUNDS.—The funds received by a tribe, tribal
organization, or consortium shall be used to assist States in
child find, screening, and other procedures for the early identi-
fication of Indian children under 3 years of age and for parent
training. Such funds may also be used to provide early interven-
tion services in accordance with this part. Such activities may
be carried out directly or through contracts or cooperative agree-
ments with the Bureau of Indian Affairs, local educational
agencies, and other public or private nonprofit organizations.
The tribe, tribal organization, or consortium is encouraged to
involve Indian parents in the development and implementation
of these activities. The above entities shall, as appropriate,
make referrals to local, State, or Federal entities for the provi-
sion of services or further diagnosis.
‘‘(5) REPORTS.—To be eligible to receive a payment under
paragraph (2), a tribe, tribal organization, or consortium shall
make a biennial report to the Secretary of the Interior of
activities undertaken under this subsection, including the
number of contracts and cooperative agreements entered into,
the number of infants and toddlers contacted and receiving
services for each year, and the estimated number of infants
and toddlers needing services during the 2 years following
the year in which the report is made. The Secretary of the
Interior shall include a summary of this information on a
biennial basis to the Secretary of Education along with such
other information as required under section 611(h)(3)(E). The
Secretary of Education may require any additional information
from the Secretary of the Interior.
‘‘(6) PROHIBITED USES OF FUNDS.—None of the funds under
this subsection may be used by the Secretary of the Interior
for administrative purposes, including child count, and the
provision of technical assistance.
‘‘(c) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2)
and (3), from the funds remaining for each fiscal year after
the reservation and payments under subsections (a), (b), and
(e), the Secretary shall first allot to each State an amount
that bears the same ratio to the amount of such remainder
as the number of infants and toddlers in the State bears to
the number of infants and toddlers in all States.