Okla. Admin. Code § 1:2021-29

Current through Vol. 42, No. 4, November 1, 2024

Section 1:2021-29

Executive Order 2021-29

I, J. Kevin Stitt, Governor of the State of Oklahoma, pursuant to the power vested in me by Section 2 of Article VI of the Oklahoma Constitution, in order to take advantage of the federal government providing the State with the opportunity to receive funds for programs which provide early intervention services to infants and toddler with disabilities and their families through the Individuals With Disabilities Education Act do hereby order:

1) The Oklahoma State Department of Education shall be the lead agency for the State of Oklahoma for administration of Part C of the federal Individuals With Disabilities Education Act, 20 U.S.C. § 1400et seq.

2) There is hereby created within the State Department of Education the Interagency Coordinating Council for Early Childhood Intervention (Council) composed of at least fifteen (15), but not more than twenty-five (25) appointed by the Governor.

The Council shall be composed of:

A. State officials that shall include incumbents or designees of the following named offices, or their successors in office or function:

1. State Superintendent of Public Instruction

2. Commissioner of the State Department of Health

3. Director of the Department of Human Services

4. Commissioner of the Department of Mental Health and Substance Abuse Services

5. Chief Executive Office of the Oklahoma Health Care Authority

6. Insurance Commissioner

7. The Oklahoma Commission on Children and Youth

B. The following members shall be appointed to the Council at the discretion and pleasure of the Governor:

1. At least 20 percent of the members must 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 infants and toddlers with disabilities.

2. At least one parent member must be a parent of an infant or toddler with a disability or a child with a disability aged six years or younger.

3. At least 20 percent of the members must be public or private providers of early intervention services.

4. At least one member must be from the State legislature.

5. At least one member must be involved in personnel preparation.

6. At least one member must be from a Head Start or Early Head State agency or program in the state.

Members listed in Section B above shall be appointed by and serve at the pleasure of the Governor. The Governor shall have the authority to fill any and all vacancies on the Council as those vacancies occur.

The Council shall be administered by the State Department of Education in planning, coordinating, and overseeing services pursuant to this Executive Order and shall perform such other functions as required pursuant to the Individuals With Disabilities Education Act.

The Department of Education, Department of Health, Department of Human Services, Department of Mental Health, and the Commissions on Children and Youth shall continue to provide all services within their respective Constitutional and Statutory responsibilities to children eligible for services pursuant to Part C of the Individuals With Disabilities Education Act.

A. These departments and agencies shall keep the Department of Education and the Interagency Coordinating Council for Early Childhood Intervention timely and fully informed on programs serving eligible children and their families.

B. State and local interagency agreements shall delineate responsibility for local and regional safeguards, provision of service, and related issues.

The Council shall meet at such times and places as it deems appropriate. Members shall serve without compensation. Council members employed by a state agency shall be reimbursed travel expenses related to their service on the Council as authorized by State law by their respective agency. Legislative members of the Council shall be reimbursed by their respective houses for necessary travel expenses incurred in the performance of their duties as authorized by state law. Remaining Council members shall also be reimbursed travel expenses related to their service on the Council by the State Department of Education as authorized by state law. No member of the Council shall profit, directly or indirectly, from any transaction with the Council. The Council may reimburse members for reasonable and necessary expenses for attending council meetings and performing council duties pursuant to 20 U.S.C. § 1441.

This Order shall be effective upon filing of this Order and until further notice.

Copies of this Executive Order shall be distributed to the State Department of Education and the Oklahoma Commission on Children and Youth, who shall cause the provisions of this Order to be implemented by any appropriate agencies of State government.

IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma this 8 ^th day of December, 2021.

BY THE GOVERNOR OF THE STATE OF OKLAHOMA

J. Kevin Stitt

ATTEST:

Brian Bingman

Secretary of State

Okla. Admin. Code § 1:2021-29

Adopted by Oklahoma Register, Volume 39, Issue 08, January 3, 2022, eff. 12/8/2021