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State of New Jersey
Executive Order #94

Governor James J. Florio

WHEREAS, the Congress of the United States has found that there is a substantial need for enhanced and improved coordinated services to infants and toddlers with disabilities and has, pursuant to P.L. 99-457, adopted a policy to provide financial assistance to States for developing and implementing a Statewide program to provide early intervention services for infants and toddlers with disabilities and their families; and

WHEREAS, the public interest of the citizens of the State of New Jersey requires that the State shall do all that is or may be required to secure for the State the benefits of federal appropriations for early intervention services under P.L. 101-476, as amended; and

WHEREAS, the Act requires the establishment of a State Interagency Coordinating Council in order to qualify for federal funds; and

WHEREAS, coordination and cooperation between the various State agencies can be enhanced by an advisory body that has representatives from the State agencies, providers, the Legislature and parents of children with disabilities;

WHEREAS, pursuant to L.1992, c.155, the Department of Health has been designated as the lead agency effective July 1, 1993;

NOW, THEREFORE, I, JAMES J. FLORIO, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. There is hereby established the State Interagency Coordinating Council (hereinafter referred to as the State Council), which shall:

a. Advise and assist the designated lead agency for early intervention services for infants and toddlers with disabilities and their families in the performance its responsibilities, 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. Prepare and submit an annual report to the Governor and to the U.S. Secretary of Education on the status of early intervention programs for infants and toddlers with disabilities and their families operated within the State;

d. Advise and assist the Department of Education regarding the transition of toddlers with disabilities to preschool services to the extent such services are appropriate;

e. Advise and assist the lead agency in the development and implementation of the policies that constituted the Statewide system;

f. Assist the lead agency in achieving the full participation, coordination, and cooperation of all appropriate public agencies in the State;

g. Assist the lead agency in the effective implementation of the Statewide system by establishing a process that includes:

1) seeking information from service providers, service coordinators, parents, and others about any federal, State, or local policies that impede timely service delivery; 2) taking steps to ensure that any policy problems that impede timely service delivery are resolved; and

3) to the extent appropriate, assist the lead agency in the resolution of disputes.

2. The Council shall be composed of a minimum of fifteen, and maximum of twenty-five individuals appointed by the Governor who shall be broadly representative of the population of the State.

These appointments shall ensure that:

a. At least 20 percent of the members are parents, including minority 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. At least one such member shall be a parent of an infant or toddler with a disability or a child with a disability aged six or younger.

b. At least 20 percent of the members are public or private providers of early intervention services.

c. At least one member is from the State Legislature.

d. At least one member is involved in personnel preparation.

e. At least one member is 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 has sufficient authority to engage in policy planning and implementation on behalf of such agencies.

f. At least one member is from the State educational agency responsible for preschool services to children with disabilities and has sufficient authority to engage in policy planning and implementation on behalf of such agency.

g. At least one member is from the agency responsible for the State governance of insurance, especially in the area of health insurance.

3. The Governor shall designate a member of the Council to serve as the chair and vice-chair of the Council. Any member of the Council who is a representative of the designated lead agency for early intervention services shall serve as a non-voting member and may not serve as the chairperson of the Council.

4. The Council shall meet at least quarterly and in such places as it deems necessary. The meetings shall be publicly announced, and to the extent appropriate, open and accessible to the general public. Interpreters for persons who are deaf and other necessary services must be provided at Council meetings, both for Council members and participants. The Council may use federal funds made available to it to provide these services.

5. The State Council may draw upon the assistance of the employees of the Department of Health, Department of Education, Department of Human Services and of any other department, organization or agency of the State which may be available to it for these purposes.

6. Subject to the availability of appropriations, the State Council may adopt a budget and expend funds as permitted by federal law.

7. No member of the Council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest under State law.

8. Except as provided by federal law, Council members shall serve without compensation.

9. This Order shall take effect immediately.

GIVEN, under my hand and seal this
21st day of May in the Year of Our
Lord, One Thousand Nine Hundred and
Ninety-Three, and of the Independence
of the United States, the Two Hundred
and Seventeenth.

/s/ Jim Florio
Governor

Attest:

/s/ M. Robert DeCotiis
Chief Counsel to the Governor

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