States are in a frantic mode to review and perhaps revise
their rules, policies and procedures as they finalize their APRs and state
applications. We know that states have many questions about the new Part C rules
issued this fall by OSEP http://www.nectac.org/partc/303regs.asp. OSEP
provided states with a suggested timeline for completing these actions, here. If states make revisions they are required to hold public
hearings—note the plural. How is your ICC involved in making changes to your
state’s rules, policies and procedures?
What is your ICC’s role in the public hearing process?
State Agency Representatives
State Agency Representatives
ICC members represent various constituencies and some
members may have limits on their ability to vote or comment during public
hearings. For example, state agency representative might have strong opinions
on how changes may be operationalized, but they may have to abstain during ICC
votes on these issues. Providing opportunities for members to share their
concerns during discussions can be important to insuring that all stakeholders
have an opportunity to provide input.
Open Meetings Laws
It is important to be aware of your own state’s Open Meeting
Laws; they may also be called “Sunshine Laws.” Generally, they provide ICC
members with guidance on how individual members can communicate between
meetings, the ways in which the body as a whole may communicate, (is email
allowed, if allowed can you use reply all, or must you only reply to the
sender, or is email prohibited), or if
your ICC is allowed to hold meetings via
teleconference or webinar. If you are
not familiar with your state’s open meeting laws you can check with your lead
agency or your state’s Attorney General’s office for more information.
Public Hearings
IDEA requires that states post their application and any new
or changed policies for sixty days and hold public hearings. Does your state hold your public hearings on
the same day and in the same venue as your ICC?
Is the public hearing on your ICC’s agenda? Alternatively, are hearings held on different
dates, times and locations? How does
your state insure that families and providers from across your state have an
opportunity to comment?
We’d like to hear from you
One way we can all improve our own leadership and advocacy
is by sharing how our own state and ICC approaches these important tasks. What
challenges and opportunities has your ICC experienced? What tips do you have to share?
