Section 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.