HOUSE BILL 274
54th legislature - STATE OF NEW MEXICO - second session, 2020
Rebecca Dow and Andrea Romero and Derrick J. Lente and
Dayan Hochman-Vigil and Gail Armstrong
RELATING TO CHILDREN; EXPANDING THE DEFINITION OF "ELIGIBLE CHILD" TO INCLUDE CHILDREN FROM BIRTH TO AGE FORTY-EIGHT MONTHS FOR PURPOSES OF THE FAMILY, INFANT, TODDLER PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-29-10 NMSA 1978 (being Laws 2019, Chapter 48, Section 10) is amended to read:
"9-29-10. FAMILY, INFANT, TODDLER PROGRAM.--
A. As used in this section:
(1) "early intervention programs" means programs, including physical development, communications development, adaptive development, social and emotional development and sensory development programs, designed to meet the developmental needs of eligible children;
(2) "eligible child" means a child from birth to age [thirty-six] forty-eight months with developmental delay or who, according to department of health-established criteria, is at risk of developmental delay; and
(3) "program" means the family, infant, toddler program.
B. The department is the lead state agency for the program. Through the program, the department shall develop and administer a statewide system of comprehensive, coordinated, multidisciplinary and interagency early intervention programs to eligible children.
C. The parent of an eligible child may choose whether to enroll the child in the program.
D. The children, youth and families department, the department of health, the human services department, the public education department and other publicly funded providers of services to eligible children shall collaborate with the department to provide program services and shall establish the division of responsibilities for providing those services in interagency agreements.
E. The secretary shall comply with the federal Individuals with Disabilities Education Act, Part C, contingent on participation by the state, including by:
(1) establishing related policies and promulgating program rules;
(2) implementing procedures to ensure that program services are timely delivered;
(3) administering and overseeing the program;
(4) resolving complaints related to the program;
(5) maintaining and expanding interagency and state and local coordination in implementing the program;
(6) identifying and coordinating resources for delivering early intervention programs through the program; and
(7) establishing minimum requirements to qualify personnel to deliver services through the program.
F. The department is the custodian of money received by the state from the federal government for the purpose of implementing the federal Individuals with Disabilities Education Act, Part C."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2020.
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