Virginia Administrative Code › Title 12 - HEALTH › Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES › Chapter 225 - REQUIREMENTS FOR VIRGINIA EARLY INTERVENTION SYSTEM › Part II - Virginia Early Intervention Services System › Section 12VAC35-225-30 - Early intervention services applicability, availability, and coordination

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  chapter shall apply to state and local lead agencies, early intervention
				  practitioners, and provider agencies.
B. Appropriate early intervention services
				  based on scientifically based research, to the extent practicable, shall be
				  available to all children with disabilities who are eligible for early
				  intervention services in Virginia and their families, including (i) children
				  and families who reside on an Indian reservation geographically located in
				  Virginia or who are homeless and (ii) children who are wards of the
				  state.
C. The Virginia Interagency
				  Coordinating Council (VICC) shall promote and coordinate early intervention
				  services in the Commonwealth and shall advise and assist the department.
1. Nonstate agency members of the VICC shall
				  be appointed by the Governor. State agency representatives shall be appointed
				  by their agency directors or commissioners.
2. The VICC membership shall reasonably
				  represent the population and shall be composed as follows:
a. At least 20% shall be parents, including
				  minority parents, of infants or toddlers with disabilities or children with
				  disabilities aged 12 years or younger, with knowledge of, or experience with,
				  programs for children with disabilities. At least one parent member shall be a
				  parent of a child with a disability aged six years or younger;
b. At least 20% shall be public or private
				  providers of early intervention services;
c. At least one member shall be from the
				  Virginia General Assembly;
d. At
				  least one member shall be involved in personnel preparation;
e. At least one member shall be from each of
				  the participating agencies involved in the provision of or payment for early
				  intervention services to children with disabilities and their families. These
				  members shall have sufficient authority to engage in policy planning and
				  implementation on behalf of the participating agency and shall include:
(1) At least one member from the Department
				  of Education, the state educational agency responsible for preschool services
				  to children with disabilities. This member shall have sufficient authority to
				  engage in policy planning and implementation on behalf of the Department of
				  Education;
(2) At least one member
				  from the Department of Medical Assistance Services, the agency responsible for
				  the state Medicaid program;
(3) At
				  least one member from the Department of Social Services, the agency responsible
				  for child care and foster care;
(4)
				  At least one member from the State Corporation Commission, Bureau of Insurance,
				  the agency responsible for regulating private health insurance;
(5) At least one member designated by the
				  Office of the Coordination of Education of Homeless Children and
				  Youth;
(6) At least one member from
				  the Department of Behavioral Health and Developmental Services, the agency
				  responsible for children's mental health;
(7) At least one member from the Department
				  for the Blind and Vision Impaired;
(8) At least one member from the Department
				  for the Deaf and Hard of Hearing; and
(9) At least one member from the Department
				  of Health;
f. At least
				  one member shall be from the Children's Health Insurance Program (CHIP) of
				  Virginia;
g. At least one member
				  shall be from a Head Start or Early Head Start agency or program in Virginia;
				  and
h. Other members selected by
				  the Governor.
3. The
				  VICC shall operate as follows:
a. The VICC
				  shall have bylaws that outline (i) nomination processes and roles of officers
				  and committees and (ii) other operational procedures;
b. No member of the VICC 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 Virginia
				  law;
c. The VICC shall meet, at a
				  minimum, on a quarterly basis;
d.
				  VICC meetings shall be announced in advance in the Commonwealth Calendar and
				  through an announcement to local lead agencies; and
e. VICC meetings shall be open and accessible
				  to the public, and each meeting shall include a public comment period.
				  Interpreters for persons who are deaf and other necessary services for both
				  VICC members and participants shall be provided as necessary and upon
				  request.
4. Subject to
				  approval by the Governor, the VICC shall work with the department to develop an
				  annual budget for VICC expenses that may include the use of Part C funds for
				  the following:
a. Conducting hearings and
				  forums;
b. Reimbursing members of
				  the VICC for reasonable and necessary expenses for attending VICC meetings and
				  performing VICC duties, including child care for parent
				  representatives;
c. Compensating a
				  member of the VICC if the member is not employed or must forfeit wages from
				  other employment when performing official VICC business;
d. Hiring staff; and
e. Obtaining the services of professional,
				  technical, and clerical personnel as may be necessary to carry out its
				  functions under Part C.
5. Except as provided in subdivision 4 e of
				  this subsection, VICC members shall serve without compensation from funds
				  available under Part C.