2553 - Early intervention coordinating council.

§   2553.  Early  intervention  coordinating  council.    1.  (a)  The  department shall establish an early intervention coordinating council.    (b)  The  council  shall  consist  of  twenty-seven  members,   unless  otherwise  required  by federal law, appointed by the governor. At least  five members shall be parents, four of whom shall be parents of children  with disabilities aged twelve or younger and one of whom  shall  be  the  parent  of  a child with disabilities aged six or younger; at least five  shall be  representatives  of  public  or  private  providers  of  early  intervention  services;  at  least  one  shall  be involved in personnel  preparation or training;  at  least  two  shall  be  early  intervention  officials; at least two shall be members of the legislature; seven shall  be the commissioner and the commissioners of education, social services,  mental   retardation  and  developmental  disabilities,  mental  health,  alcoholism and  substance  abuse  services  and  the  superintendent  of  insurance,  or  their appropriate designees with sufficient authority to  engage  in  policy  planning  and  implementation  on  behalf  of  their  agencies.    (c)  The governor shall appoint eight members on the recommendation of  the temporary president of the senate and the speaker of  the  assembly,  each  of  whom  shall recommend four members as follows: one parent of a  child with disabilities age twelve or  younger;  one  representative  of  public  or  private providers of early intervention services; one member  of the legislature; and one early intervention  official.  The  governor  shall appoint four members on the recommendations of the minority leader  of  the  assembly  and  the  minority leader of the senate, each of whom  shall recommend two members as follows:  one  parent  of  a  child  with  disabilities  age  twelve  or  younger;  one representative of public or  private providers of early intervention services.    (d) The governor shall designate a chairperson from among the  members  of  the  council. All members shall serve for terms of three years. Such  terms shall be established so that the terms of no more  than  one-third  of the members of the council expire each year.    2. The council shall:    (a)  assist  the  lead agency in the effective performance of the lead  agency's responsibilities set out under this title, including:    (i) identifying the sources of fiscal support for  early  intervention  services  and  programs,  assignment  of financial responsibility to the  appropriate agency and promotion of interagency agreements;    (ii)  preparing  applications  and  amendments  required  pursuant  to  federal law;    (iii)  advising  and  assisting  the  commissioner  regarding  payment  methodologies  established  pursuant  to  section  twenty-five   hundred  fifty-five  of  this  title to reimburse adequately the cost of services  authorized pursuant to  this  article  and  to  promote  the  efficient,  economical,   productive  and  stable  delivery  of  early  intervention  services. The council shall convene a reimbursement advisory panel,  the  members  of  which shall be appointed by the commissioner, to assist the  council regarding such payment methodologies. Such panel  shall  consist  of  no  more  than  sixteen  members,  and  shall  include at least four  representatives of municipalities,  at  least  four  representatives  of  statewide and regional provider organizations, and such other members as  the commissioner shall deem appropriate.    (b)   advise  and  assist  the  commissioner  and  other  state  early  intervention  service  agencies  in  the  development   of   coordinated  standards   and  procedures  pursuant  to  section  twenty-five  hundred  fifty-one of this title in order to promote the full  participation  and  cooperation of such agencies;(c)  advise  and  assist  the  commissioner  and  the  commissioner of  education regarding the transition  of  toddlers  with  disabilities  to  services  provided under section forty-four hundred ten of the education  law, to the extent such services are appropriate;    (d)  advise  and  assist the commissioner in identifying barriers that  impede timely and  effective  service  delivery,  including  advice  and  assistance with regard to interagency disputes; and    (e)   prepare  and  submit  an  annual  report  to  the  governor  and  legislature on the status of the early intervention program.    3. The council shall meet  at  least  four  times  a  year.    Special  meetings  may  be  called  by the chairperson and shall be called at the  request of the commissioner.    4. At least sixty days prior to the commissioner's final  approval  of  rules and regulations pursuant to this title, other than emergency rules  and  regulations,  the  commissioner  shall  submit  proposed  rules and  regulations to the council for its review. The council shall review  all  proposed rules and regulations and report its recommendations thereon to  the  commissioner within sixty days. The commissioner shall not act in a  manner inconsistent with the  recommendations  of  the  council  without  first  providing the reasons therefor. The council, upon a majority vote  of its members, may require that an alternative approach to the proposed  rules and regulations be published with a notice of the  proposed  rules  and  regulations  pursuant  to  section  two  hundred  two  of the state  administrative procedure act. When an alternative approach is  published  pursuant  to  this section, the commissioner shall state the reasons for  not selecting such alternative approach.    5. The members of the council shall be allowed  their  reasonable  and  necessary   expenses   incurred  in  the  performance  of  their  duties  hereunder.