ARTICLE I. MISSION OF THE COUNCIL
The mission of the Kansas Coordinating Council on Early Childhood
Developmental Services is to ensure that a comprehensive service delivery
system of integrated services is available in Kansas to all children with
a disability or who experience (or are at risk for) developmental delays
from birth through age 5 and their families.
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ARTICLE II. VALUES OF THE COUNCIL
Early intervention provides the necessary services to enable young children
who experience or are at risk for developmental delays to progress toward the
maximum of their abilities. When these services are provided in a timely
and appropriate manner, and in the context of the family, the need for further
intervention can often be eliminated or reduced.
The family should be the center
of every child's world. Accordingly, it
functions as a child's most important developmental context. Therefore,
the family should be the most important focus in early intervention efforts,
including assessment and intervention activities. Collaboration with
the family is essential to meet the developmental needs of all young children.
Administrative
structures and funding mechanisms for services to young children should not
require assigning specific diagnostic labels, because of the variable nature
of young children's performance and the potential for rapid change in their
developmental status.
The utilization of interagency collaboration is essential
and will produce the most comprehensive and uninterrupted service. These
services should be multi-disciplinary, and to the maximum extent appropriate,
delivered in settings which are typical for young children and which include
a predominance of normally developing children.
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ARTICLE III. FUNCTIONS OF THE COUNCIL
As referenced
in K.S.A. 74-7802,
the Council will:
- Solicit information and opinions from concerned agencies, groups and
individuals on proposed policies and recommendations for the delivery of
health, education and social services for all children with a disability
or who experience (or are at risk for) developmental delays from birth through
age 5 and their families.
- Establish appropriate committees to perform tasks, gather
information, and explore issues as directed by the Council. (See Article
V)
- Determine the work activities of the staff to the Coordinating Council
on Early Childhood Developmental Services.
- Disseminate information about the activities of the Council and its actions
to local, private and public service providers, parents, advocacy organizations,
state agency personnel, and other interested parties.
- Develop, implement, and review as appropriate a state plan for young children
with a disability or who experience (or are at risk for) developmental
delays from birth through age 5 and their families.
- Recommend policies, procedures, and legislation for effectively providing
health, education, and social services.
- Develop interagency agreements to promote a comprehensive service
delivery system for all children with a disability or who experience
(or are at risk for) developmental delays from birth through age 5
and their families.
- Advise and assist the lead agency in implementing the Individuals with
Disabilities Education Act (IDEA), Part C at both state and local levels.
- Submit an annual report to the Governor.
- Advise and assist all Kansas state
agencies that provide services to all children with a disability or who
experience (or are at risk for) developmental delays from birth through
age 5 and their families.
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ARTICLE IV. MEMBERSHIP
The membership of the Kansas Coordinating Council shall consist of
representatives of the public and private sector who by virtue of their position,
interest and training can contribute to the quality of services provided
to children with developmental delays and their families. The council
shall be composed of at least 16 members, but not more than 25 members, and
will include:
- a representative of the Governor;
- the Secretary of Kansas Department of Social and Rehabilitation Services
or a representative selected by the Secretary;
- the Secretary of Kansas Department of Health and Environment
or a representative selected by the Secretary;
- a member of the Kansas State Board of Education selected by the Chairperson
of the State Board of Education or, at the discretion of the Chairperson,
the Commissioner of Education or a representative selected by the Commissioner;
- a
representative of the Board of Regents selected by the Chairperson of the
Board of Regents;
- two
members of the state legislature selected by the Legislative Coordinating
Council so that one is a member of the Senate and one is a member of the
House of Representatives and such members are not members of the same political
party;
- the
Commissioner of Insurance or a representative of the Commissioner selected
by the Commissioner; and
- a
representative of the state Medicaid agency; and
- not less than eight nor more than seventeen members appointed by the governor,
which members shall be selected to ensure that the requirements of 20 U.S.C.
1400 and amendments thereto are met.
Note: Part C of IDEA (2004) indicates that membership include:
- at least 20 percent of the members must be parents, parent membership
must be composed of "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 member must be a parent of an infant or
toddler with a disability or a child with a disability aged six or younger. A
parent member may not be an employee of a public or private agency involved
in providing early intervention services.
- at least 20 percent of the members must be public or private providers
of early intervention services.
- at least one member from each of the following constituents: the
state legislature, person involved in personnel preparation, state agencies
involved in the provision of or payment for early intervention services,
the SEA responsible for preschool services of children with disabilities,
the state Medicaid agency, a Head Start agency or program, the agency responsible
for child care, the agency responsible for regulation of health insurance,
the office responsible for coordination of the education for homeless children
and youth, the child welfare agency responsible for foster care, and the
agency responsible for children’s mental health. One member
may be appointed to represent more than one program or agency listed in
the membership.
A. TERM
OF OFFICE
Members appointed by the governor shall serve a term of four years. Members
are eligible for reappointment.
B. MEETING PARTICIPATION
Participation in its meetings by all Council members is critical to
the success of the Council in meeting its mission. Reviews will be done on an on-going
basis to assess attendance. The following shall constitute grounds for
a possible recommendation to the Governor for termination of membership on
the Council:
- absence from three (3) consecutive meetings in one year, or
- more than two unexcused absences, or
- more than two unexcused absences and three total absences in any given
year.
Members of the Council may participate in a meeting by means of
conference telephone or similar communications equipment by means of which
all persons participating can hear each other. Participation in a
meeting pursuant to this shall constitute presence at such meeting.
C. VACANCIES
Any vacancy occurring in the appointive membership of the Council
shall be filled in the same manner and from the same class as the original
appointment. The
Council shall inform the appointing authority within thirty calendar days of
any vacancy. Though Council recommendations for filling said vacancy
may be forwarded to the appointing authority, this shall not be construed as
usurping the authority to make any appointments.
D. RESIGNATION
A Council member's resignation must be in writing and shall be submitted to
the appointing authority and to the Council Chairperson.
E. ORIENTATION
The Chairperson, staff, and longstanding Council members shall make available
to new members an orientation to the Council, its operations, and functions.
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ARTICLE V. EXECUTIVE COMMITTEE AND OTHER COMMITTEES
A. EXECUTIVE
COMMITTEE
The Executive Committee shall consist of the Council Chairperson,
the Vice Chairperson, the Past Chair, and two members to be elected by the
Council from the its membership. Elected members of the Executive Committee shall
serve two year terms. Elected members are eligible for re-election. The
Executive Committee shall:
- Have such powers as are conferred upon it by the Council. It
may take interim action on behalf of the full Council, only when such
affairs are of an urgent nature and require immediate attention between
officially scheduled meetings. Any action taken by the Executive Committee
shall be reported at the next regularly scheduled Council meeting and
ratified by the Council.
- Execute any other functions, duties and responsibilities delegated
to it by the Council.
- Should the Executive Committee determine that the
full Council should be consulted concerning matters brought before the
Executive Committee, it may utilize electronic communication to communicate
with the full Council. If e-mail communication is used, any action would
require a motion from any member of the Executive committee, followed
by a second from any Council member. After a reasonable discussion
period, the chair would call for a vote to be limited in time duration.
B. COMMITTEES and WORK GROUPS
- When necessary, the Council shall be aided in its work by Committees
and Work Groups. Membership shall consist of at a minimum three members
of the Council and other persons approved by the Council. The Chair of any
committee or work group shall be a member of the Council. A Co-Chair
may be selected from the entire membership of the committee or work group.
- Committees and Work Groups are intended to be task/topic specific. They
are expected to review issues and topics as assigned by the Council and to
make recommendations to the Council for consideration prior to any possible
action. Committees are designated as a standing committee of the Council
and will focus on goals/activities related to the strategic plan of the Council.
Work Groups are to be limited in tenure and are to be disbanded following
action on final recommendations to the Council.
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ARTICLE VI. MEETINGS OF THE COUNCIL
A. SCHEDULE
The Council shall meet at least quarterly. Additional
meetings may be scheduled at other times and places as determined by the
Council Chairperson, or as requested by any three members of the Council.
Each year a specific meeting will be designated by the Council as the Annual
Meeting. This will provide opportunity to review the Council and its operations.
B. QUORUM
A quorum consists of a simple majority of the full
council membership. The Council may take official action only when
a quorum is present. Members participating by way of communications
equipment (Article IV-B) shall be counted toward a quorum. Final decisions
of the council shall be by majority vote of the Council members present.
C. CHAIRPERSON
A Chairperson shall be designated annually by the
Governor. In
the event that the annual designation of Council Chairperson is not forthcoming
from the Governor, the Council may designate an interim Chairperson pursuant
to Governor's action. Any member of the Council who is a representative
of the Part C lead agency may not serve as the chairperson of the Council.
The Chairperson is a full participating member of the Council and shall:
- Be responsible for developing meeting agendas, scheduling meetings
and ensuring completion of all tasks associated with Council meetings;
- Preside
over all meetings of the Council and the Executive Committee;
- Vote
only when required to break a tie on any matter submitted to a vote
of the Council membership;
- Facilitate the determination of the work
activities of a staff person to the Council. Evaluate, on a yearly
basis, the job performance of the Coordinator with input from other
Council members;
- Receive requests and allocate the resources of the
Council;
- Assure that the chair and membership of committees and work groups
meet the requirements of the by-laws and appoint Council members as necessary;
and
- Perform all duties incident to the position of Chairperson
and all other duties as may be prescribed by the Council.
D. VICE-CHAIRPERSON
The Chairperson shall appoint
a Vice-Chairperson. The Vice Chairperson is a full participating
member of
the Council who shall:
- In the Chairperson's absence, perform the duties of the Chairperson;
- When the Vice-Chairperson is acting as Chairperson, he/she shall
have all the powers of and be subject to all the restrictions upon
the Chairperson; and,
- The Vice-Chairperson shall be a member of the Executive Committee
and shall perform any other duties that may be assigned by the Council
Chairperson or by the Council.
E. VOTING
- Each Council member is entitled to one vote on each matter submitted
to a vote.
- A vote of the majority of those members present is necessary
to approve any action taken by the Council. In the event of a tie vote,
the Chairperson may vote to break the tie vote.
- The votes of Council members participating by way of communication
equipment shall be included on matters submitted to a vote
- Official business of the Council may only occur outside of Council
meetings under the circumstances identified under the responsibilities
of the Executive Committee (Article V).
- Voting by Proxy is not permitted (Note: Kansas Attorney General letter
of 3/6/07Each Council member is entitled to one vote on each matter submitted
to a vote.
F. CONFLICT
OF INTEREST
No member shall cast a vote on any matter that would provide financial benefit
to that member or otherwise give the appearance of a conflict of interest under
State Law.
- The member should immediately disclose the actual or potential conflict.
- The member, at the request of any other member, shall be temporarily
excused from the meeting to permit the Council to deliberate and vote
upon the issue.
- Subsequent discovery of any undisclosed actual or perceived conflict
regarding a matter in which the member participated in either discussion
or voting shall invalidate the Council action on the matter. The member
should immediately disclose the actual or potential conflict.
G. EXPENSES
The members of the Coordinating Council who requests
such shall be reimbursed for actual and necessary expenses, incurred in
their performance of their official duties in accordance with section (e)
of K.S.A. 75-3223 and amendments
thereto.
H. PUBLIC
PARTICIPATION
Public participation is deemed vital to the effective functioning
of the Council. Within appropriate constraints determined by the Chairperson,
a portion of each meeting of the Coordinating Council shall be set aside
for public participation. Persons wishing to address the Council will
be asked to notify the Coordinator by the morning of the meeting.
Council meetings must be publicly announced sufficiently in advance
of the dates they are to be held to ensure that all interested parties
have an opportunity to attend. To the extent appropriate, these meetings
will be open and accessible to the general public.
I. PLACING
ITEMS ON THE AGENDA
The agenda will be mailed at least one week prior to the meeting. Additions
and/or amendments to the agenda may be suggested by anyone in attendance
and will be considered by the Chairperson at the onset of each Council meeting.
J. MINUTES
Draft copies of minutes will be mailed or sent electronically to Council
members prior to the next scheduled Council meeting. At that next meeting,
this draft will be considered and edited, as necessary. A majority
vote will approve the minutes.
Approved minutes of the Council meetings shall
be made available for public inspection in a timely fashion.
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ARTICLE VII. AMENDMENTS
These bylaws may be altered, amended or repealed and new bylaws may be adopted
by formal action of the Council at any regular or special meeting of the Council. Proposed
changes shall be submitted in writing to the Council Chair or Coordinator and
received by all members of the Council at least 15 days prior to the scheduled
meeting at which action is to be taken.
A regular and periodic review of these bylaws will be conducted by the Council
or by a group designated by the Council
Revised:
January 1997; November 2006; September 2007; October 2007
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