OR Rev Stat § 343.499 (2021)
2021 Oregon Revised Statutes|Volume : 09 - Education and Culture|Chapter 343 - Special Education and Other Specialized Education Services|Section 343.499 - State Interagency Coordinating Council.

(1)(a) There is created the State Interagency Coordinating Council. (b) The Governor shall appoint members of the council from a list of eligible appointees from this state that is provided by the council and agencies described in subsection (2) of this section and shall ensure that the membership of the council reasonably represents the racial, ethnic, linguistic and geographic population of this state. (c) The Governor shall designate one member of the council to serve as the chairperson, or if the Governor chooses not to name a chairperson, the council may elect one of its members to serve as chairperson. (d) Notwithstanding paragraph (c) of this subsection, any member of the council who represents the Department of Education may not serve as the chairperson of the council. (2) The membership of the council shall be composed as follows: (a) At least 20 percent of the council members shall be parents of children with a disability who are 12 years of age or younger at the time the council member is appointed. When appointing council members under this paragraph, the Governor shall ensure that: (A) At least 50 percent of the council members are parents of a child with a disability who is five years of age or younger at the time the council member is appointed; (B) At least 20 percent of the council members: (i) Are parents of a child with a disability who is three years of age or younger at the time the council member is appointed; and (ii) Have knowledge of, or experience with, programs or services for infants or toddlers with a disability; and (C) The council members represent the racial, ethnic and linguistic diversity of children in this state who are five years of age or younger. (b) At least 20 percent of the council members shall be public or private providers of early intervention and early childhood special education services. (c) At least one council member shall be from a program responsible for preparing early intervention and early childhood special education educators. (d) At least one council member shall be from a Head Start or Early Head Start program. (e) At least one council member shall be from a home-based child care program. (f) At least one council member shall be from a center-based child care program. (g) At least one council member shall be from the committee that serves as the state advisory council, as described in ORS 326.425 (3). (h) At least one council member shall be a member of the State Advisory Council for Special Education created under ORS 343.287. (i) At least one council member shall be from each state agency involved in the provision of, or payment for, early intervention and early childhood special education services to infants and toddlers with a disability and their families. (j) At least one council member shall be from each state agency responsible for providing preschool services to children with a disability. (k) At least one council member shall be from each state agency responsible for children’s mental health. (L) At least two council members shall be from the Department of Human Services with expertise in foster care or self-sufficiency programs. (m) At least one council member shall be from the Office of Child Care with expertise in the Child Care and Development Fund. (n) At least one council member shall be a representative of the Department of Education with expertise in the coordination of education of homeless children and youth. (o) At least one council member shall be from the Department of Consumer and Business Services with expertise in state regulation of private health insurance. (p) At least one council member shall be from the Oregon Health Authority with expertise in Medicaid and the Children’s Health Insurance Program. (q) At least one council member shall be a representative from a tribal agency responsible for supporting young children with developmental delays and disabilities, from a tribal council or otherwise representing one or more tribes. (3) An individual appointed to represent a state agency under subsection (2) of this section must have sufficient authority to engage in making and implementing policy on behalf of the agency. The Governor may appoint a council member to represent more than one program or specialty listed in subsection (2) of this section. (4) In addition to the council members appointed under subsection (2) of this section: (a) The Governor may appoint any other council members not listed in subsection (2) of this section. (b) The President of the Senate shall appoint one member from among members of the Senate to serve as a nonvoting council member. (c) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives to serve as a nonvoting council member. (5) The State Interagency Coordinating Council shall: (a) Advise the Superintendent of Public Instruction, the State Board of Education, the Early Learning System Director and the Early Learning Council on unmet needs in the early childhood special education and early intervention programs for children with a disability, review and comment publicly on any rules proposed by the State Board of Education and the distribution of funds for the programs and assist the state in developing and reporting data on and evaluations of the programs and services. (b) Advise and assist the represented public agencies regarding the services and programs they provide to children with a disability and their families, including public comments on any proposed rules affecting the target population and the distribution of funds for such services, and assist each agency in developing services that reflect the overall goals for the target population as adopted by the council. (c) Advise the Department of Education, the Early Learning Division and other state agencies on the development and implementation of the policies that constitute the statewide system. (d) Advise all appropriate public agencies on achieving the full participation, coordination and cooperation for implementation of a statewide system that includes but is not limited to: (A) Seeking information from service providers, service coordinators, parents and others about any federal, state or local policies that impede timely service delivery; and (B) Taking steps to ensure that any policy problems identified under subparagraph (A) of this paragraph are resolved. (e) Advise the Superintendent of Public Instruction and the Early Learning System Director on identifying the sources of fiscal and other support for early intervention and early childhood special education services, assigning financial responsibility to the appropriate agencies and ensuring that the provisions of interagency agreements under ORS 343.511 are carried out. (f) Review and comment on each agency’s services and policies regarding services for infants, toddlers and preschool children with a disability, or infants, toddlers and preschool children who are at risk of developing disabling conditions, and their families to the maximum extent possible to assure cost-effective and efficient use of resources. (g) Advise the Department of Education and the Early Learning Division on the preparation of applications and amendments thereto. (h) Advise the Superintendent of Public Instruction and the Early Learning System Director regarding transitions of children with a disability, including transitions to kindergarten. (i) Prepare and submit an annual report to the Governor, the Deputy Superintendent of Public Instruction, the Early Learning System Director, the Early Learning Council, the State Board of Education, the Legislative Assembly and the United States Secretary of Education on the status of early intervention and early childhood special education services provided within this state. (6) The council may advise appropriate agencies about integration of services for preschool children with a disability and at-risk preschool children. (7) Terms of office for council members shall be three years, except that: (a) The representative from the State Advisory Council for Special Education shall serve a one-year term; and (b) The representatives from other state agencies and the representatives from the Legislative Assembly shall serve indefinite terms. (8) Subject to approval by the Governor, the council may use federal funds appropriated for this purpose and available to the council to: (a) Conduct hearings and forums; (b) Reimburse nonagency council members under ORS 292.495 for attending council meetings, for performing council duties, and for necessary expenses, including child care for parent members; (c) Pay compensation to a council member if the member is not employed or if the member must forfeit wages from other employment when performing official council business; (d) Hire staff; and (e) Obtain the services of such professional, technical and clerical personnel as may be necessary to carry out its functions. (9) Except as provided in subsection (8) of this section, council members shall serve without compensation. (10) The Department of Education shall provide clerical and administrative support, including staff, to the council to carry out the performance of the council’s function as described in this section. (11) The council shall meet at least quarterly. The meetings shall be announced publicly and, to the extent appropriate, be open and accessible to the general public. (12) 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. [1993 c.409 §5 (enacted in lieu of 343.498); 1999 c.989 §24; 2001 c.900 §54; 2005 c.662 §10; 2009 c.595 §216; 2012 c.37 §41; 2013 c.624 §80; 2021 c.631 §7] Note: The amendments to 343.499 by section 47, chapter 631, Oregon Laws 2021, become operative January 1, 2023. See section 64, chapter 631, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience. (1)(a) There is created the State Interagency Coordinating Council. (b) The Governor shall appoint members of the council from a list of eligible appointees from this state that is provided by the council and agencies described in subsection (2) of this section and shall ensure that the membership of the council reasonably represents the racial, ethnic, linguistic and geographic population of this state. (c) The Governor shall designate one member of the council to serve as the chairperson, or if the Governor chooses not to name a chairperson, the council may elect one of its members to serve as chairperson. (d) Notwithstanding paragraph (c) of this subsection, any member of the council who represents the Department of Education may not serve as the chairperson of the council. (2) The membership of the council shall be composed as follows: (a) At least 20 percent of the council members shall be parents of children with a disability who are 12 years of age or younger at the time the council member is appointed. When appointing council members under this paragraph, the Governor shall ensure that: (A) At least 50 percent of the council members are parents of a child with a disability who is five years of age or younger at the time the council member is appointed; (B) At least 20 percent of the council members: (i) Are parents of a child with a disability who is three years of age or younger at the time the council member is appointed; and (ii) Have knowledge of, or experience with, programs or services for infants or toddlers with a disability; and (C) The council members represent the racial, ethnic and linguistic diversity of children in this state who are five years of age or younger. (b) At least 20 percent of the council members shall be public or private providers of early intervention and early childhood special education services. (c) At least one council member shall be from a program responsible for preparing early intervention and early childhood special education educators. (d) At least one council member shall be from a Head Start or Early Head Start program. (e) At least one council member shall be from a home-based child care program. (f) At least one council member shall be from a center-based child care program. (g) At least one council member shall be from the committee that serves as the state advisory council, as described in ORS 326.425 (3). (h) At least one council member shall be a member of the State Advisory Council for Special Education created under ORS 343.287. (i) At least one council member shall be from each state agency involved in the provision of, or payment for, early intervention and early childhood special education services to infants and toddlers with a disability and their families. (j) At least one council member shall be from each state agency responsible for providing preschool services to children with a disability. (k) At least one council member shall be from each state agency responsible for children’s mental health. (L) At least two council members shall be from the Department of Human Services with expertise in foster care or self-sufficiency programs. (m) At least one council member shall be from the Department of Early Learning and Care with expertise in the Child Care and Development Fund. (n) At least one council member shall be a representative of the Department of Education with expertise in the coordination of education of homeless children and youth. (o) At least one council member shall be from the Department of Consumer and Business Services with expertise in state regulation of private health insurance. (p) At least one council member shall be from the Oregon Health Authority with expertise in Medicaid and the Children’s Health Insurance Program. (q) At least one council member shall be a representative from a tribal agency responsible for supporting young children with developmental delays and disabilities, from a tribal council or otherwise representing one or more tribes. (3) An individual appointed to represent a state agency under subsection (2) of this section must have sufficient authority to engage in making and implementing policy on behalf of the agency. The Governor may appoint a council member to represent more than one program or specialty listed in subsection (2) of this section. (4) In addition to the council members appointed under subsection (2) of this section: (a) The Governor may appoint any other council members not listed in subsection (2) of this section. (b) The President of the Senate shall appoint one member from among members of the Senate to serve as a nonvoting council member. (c) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives to serve as a nonvoting council member. (5) The State Interagency Coordinating Council shall: (a) Advise the Superintendent of Public Instruction, the State Board of Education, the Early Learning System Director and the Early Learning Council on unmet needs in the early childhood special education and early intervention programs for children with a disability, review and comment publicly on any rules proposed by the State Board of Education and the distribution of funds for the programs and assist the state in developing and reporting data on and evaluations of the programs and services. (b) Advise and assist the represented public agencies regarding the services and programs they provide to children with a disability and their families, including public comments on any proposed rules affecting the target population and the distribution of funds for such services, and assist each agency in developing services that reflect the overall goals for the target population as adopted by the council. (c) Advise the Department of Education, the Department of Early Learning and Care and other state agencies on the development and implementation of the policies that constitute the statewide system. (d) Advise all appropriate public agencies on achieving the full participation, coordination and cooperation for implementation of a statewide system that includes but is not limited to: (A) Seeking information from service providers, service coordinators, parents and others about any federal, state or local policies that impede timely service delivery; and (B) Taking steps to ensure that any policy problems identified under subparagraph (A) of this paragraph are resolved. (e) Advise the Superintendent of Public Instruction and the Early Learning System Director on identifying the sources of fiscal and other support for early intervention and early childhood special education services, assigning financial responsibility to the appropriate agencies and ensuring that the provisions of interagency agreements under ORS 343.511 are carried out. (f) Review and comment on each agency’s services and policies regarding services for infants, toddlers and preschool children with a disability, or infants, toddlers and preschool children who are at risk of developing disabling conditions, and their families to the maximum extent possible to assure cost-effective and efficient use of resources. (g) Advise the Department of Education and the Department of Early Learning and Care on the preparation of applications and amendments thereto. (h) Advise the Superintendent of Public Instruction and the Early Learning System Director regarding transitions of children with a disability, including transitions to kindergarten. (i) Prepare and submit an annual report to the Governor, the Deputy Superintendent of Public Instruction, the Early Learning System Director, the Early Learning Council, the State Board of Education, the Legislative Assembly and the United States Secretary of Education on the status of early intervention and early childhood special education services provided within this state. (6) The council may advise appropriate agencies about integration of services for preschool children with a disability and at-risk preschool children. (7) Terms of office for council members shall be three years, except that: (a) The representative from the State Advisory Council for Special Education shall serve a one-year term; and (b) The representatives from other state agencies and the representatives from the Legislative Assembly shall serve indefinite terms. (8) Subject to approval by the Governor, the council may use federal funds appropriated for this purpose and available to the council to: (a) Conduct hearings and forums; (b) Reimburse nonagency council members under ORS 292.495 for attending council meetings, for performing council duties, and for necessary expenses, including child care for parent members; (c) Pay compensation to a council member if the member is not employed or if the member must forfeit wages from other employment when performing official council business; (d) Hire staff; and (e) Obtain the services of such professional, technical and clerical personnel as may be necessary to carry out its functions. (9) Except as provided in subsection (8) of this section, council members shall serve without compensation. (10) The Department of Education shall provide clerical and administrative support, including staff, to the council to carry out the performance of the council’s function as described in this section. (11) The council shall meet at least quarterly. The meetings shall be announced publicly and, to the extent appropriate, be open and accessible to the general public. (12) 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.