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20 U.S.C. § 1441 — State interagency coordinating council

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1441 — State interagency coordinating council

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1441

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Stable record: federal_law:legal_authorities:record_usc_df2132671b5217872e8de175
Source file: Laws/federal/codes/united-states-code/title-20/section-1441-state-interagency-coordinating-council--ee3f04d71f.md
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Source location: Title 20, Chapter 33, § 1441; chapter-033-education-of-individuals-with-disabilities.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435/a/10&num=0&edition=prelim) 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 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. 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 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* — Not less than 1 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) *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 Coordinator 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 members 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435/a/10&num=0&edition=prelim) 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 is likely to provide a direct financial benefit to that member or otherwise give the appearance of a conflict of interest under State law.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1411 — Authorization; allotment; use of funds; authorization of appropriations

**(a) Grants to States** (1) **Purpose of grants** — The Secretary shall make grants to States, outlying areas, and freely associated States, and provide funds to the Secretary of the Interior, to assist them to provide special education and related services to children with disabilities in accordance with this subchapter. (2) **Maximum amount** — The maximum amount of the grant a State may receive under this section— (A) for fiscal years 2005 and 2006 is— (i) the number of children with disabilities in the State who are receiving special education and related services— (I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and (II) aged 6 through 21; multiplied by (ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; and (B) for fiscal year 2007 and subsequent fiscal years is— (i) the number of children with disabilities in the 2004–2005 school year in the State who received special education and related services— (I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and (II) aged 6 through 21; multiplied by (ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by (iii) the rate of annual change in the sum of— (I) 85 percent of such State’s population described in subsection (d)(3)(A)(i)(II); and (II) 15 percent of such State’s population described in subsection (d)

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1411

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1432 — Definitions

In this subchapter: (1) **At-risk infant or toddler** — The term “at-risk infant or toddler” means an individual under 3 years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual. (2) **Council** — The term “council” means a State interagency coordinating council established under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1441&num=0&edition=prelim). (3) **Developmental delay** — The term “developmental delay”, when used with respect to an individual residing in a State, has the meaning given such term by the State under [section 1435(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435/a/1&num=0&edition=prelim). (4) **Early intervention services** — The term “early intervention services” means developmental services that— (A) are provided under public supervision; (B) are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees; (C) are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team, in any 1 or more of the following areas: (i) physical development; (ii) cognitive development; (iii) communication development; (iv) social or emotional development; or (v) adaptive development; (D) meet the standards of the State in which the services are provided, including the requirements of this subchapter; (E) include— (i) family training, counseling, and home visits; (ii) special instruction; (iii) speech-language pathology and audiology services, a

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1432

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1435 — Requirements for statewide system

**(a) In general** A statewide system described in [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall include, at a minimum, the following components: (1) A rigorous definition of the term “developmental delay” that will be used by the State in carrying out programs under this subchapter in order to appropriately identify infants and toddlers with disabilities that are in need of services under this subchapter. (2) A State policy that is in effect and that ensures that appropriate early intervention services based on scientifically based research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State and infants and toddlers with disabilities who are homeless children and their families. (3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such an infant or toddler, to assist appropriately in the development of the infant or toddler. (4) For each infant or toddler with a disability in the State, an individualized family service plan in accordance with [section 1436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1436&num=0&edition=prelim), including service coordination services in accordance with such service plan. (5) A comprehensive child find system, consistent with subchapter II, including a system for making referrals to service providers that includes timelines and provides for participation by pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1435

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1441 — State interagency coordinating council

Page 995 TITLE 20—EDUCATION § 1441 mechanism under section 1412(a)(12) of this title, where appropriate. (2) Reimbursement for services by public agen- cy (A) In general If a public agency other than an edu- cational agency fails to provide or pay for the services pursuant to an agreement re- quired under paragraph (1), the local edu- cational agency or State agency (as deter- mined by the Chief Executive Officer or des- ignee) shall provide or pay for the provision of such services to the child. (B) Reimbursement Such local educational agency or State agency is authorized to claim reimburse- ment for the services from the public agency that failed to provide or pay for such serv- ices and such public agency shall reimburse the local educational agency or State agen- cy pursuant to the terms of the interagency agreement or other mechanism required under paragraph (1). (3) Special rule The requirements of paragraph (1) may be met through— (A) State statute or regulation; (B) signed agreements between respective agency officials that clearly identify the re- sponsibilities of each agency relating to the provision of services; or (C) other appropriate written methods as determined by the Chief Executive Officer of the State or designee of the officer and ap- proved by the Secretary through the review and approval of the State’s application pur- suant to section 1437 of this title. (c) Reduction of other benefits Nothing in this subchapter 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 [42 U.S.C. 701 et seq.] (relating to maternal and child health) or title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] (relating to medicaid for in

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1441

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