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2001 SESSION


CHAPTER 562
An Act to amend and reenact §§ 2.1-764 and 2.1-766 of the Code of Virginia, relating to early intervention services.
[H 2738]
Approved March 23, 2001

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.1-764 and 2.1-766 of the Code of Virginia are amended and reenacted as follows:

§ 2.1-764. Lead agency's duties.

To facilitate the implementation of an early intervention services system and to ensure compliance with federal requirements, the Governor shall appoint a lead agency. The duties of the lead agency shall include:

1. Promulgating regulations and adopting the policies and procedures as necessary to implement an early intervention services system and assure consistent and equitable access to such services, including, but not limited to, uniform statewide procedures on or before January 1, 2002, for public and private providers to determine parental liability and to charge fees for early intervention services in accordance with federal law and regulations, in consultation with other participating agencies; the regulations shall be promulgated in accordance with the provisions of the Administrative Process Act (§ 9-6.14:1 et seq.);

2. Providing technical assistance to localities in the establishment and operation of local interagency coordinating councils; and

3. Establishing an interagency system of monitoring and supervising the early intervention services system.

§ 2.1-766. Local interagency coordinating councils.

A. The lead agency, in consultation with the Virginia Interagency Coordinating Council, shall establish local interagency councils on a statewide basis to enable early intervention service providers to establish working relationships that will increase the efficiency and effectiveness of early intervention services. The membership of local interagency councils shall include designees from the following agencies who are authorized to make funding and policy decisions: community services board, department of health, department of social services, and local school division. These designees shall designate additional council members as follows: at least one parent representative who is not an employee of any public or private program which serves infants and toddlers with disabilities; representatives from community providers of early intervention services; and representatives from other service providers as deemed appropriate. Every county and city may appoint a representative to the respective local interagency coordinating council.

B. The duties of local interagency coordinating councils shall include:

1. Identifying existing early intervention services and resources;

2. Identifying gaps in the service delivery system and developing strategies to address these gaps;

3. Identifying alternative funding sources;

4. Facilitating the development of interagency agreements and supporting the development of service coalitions;

5. Assisting in the implementation of policies and procedures that will promote interagency collaboration; and

6. Developing local procedures and determining mechanisms for implementing policies and procedures in accordance with state and federal statutes and regulations; and

7. Implementing consistent and uniform policies and procedures on or before January 1, 2002, for public and private providers to determine parental liability and to charge fees for early intervention services pursuant to regulations, policies and procedures adopted by the lead agency in § 2.1-764.

C. Localities shall not be mandated to fund any costs under this chapter either directly or through participating local public agencies.