---
kind: "section"
citation: "20 U.S.C. § 1441"
title: "20"
title_heading: "Education"
number: "1441"
heading: "State interagency coordinating council"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1441"
units:
  - "Chapter 33 — Education of Individuals with Disabilities"
  - "Subchapter III — Infants and Toddlers with Disabilities"
---

# §1441. State interagency coordinating council

- (a) **Establishment—**
  - (1) **In general—** A [State](/usc/20/1401.md?p=31) that desires to receive financial assistance under this subchapter shall establish a [State](/usc/20/1401.md?p=31) interagency coordinating [council](/usc/20/1432.md?p=2).
  - (2) **Appointment—** The [council](/usc/20/1432.md?p=2) shall be appointed by the Governor. In making appointments to the [council](/usc/20/1432.md?p=2), the Governor shall ensure that the membership of the [council](/usc/20/1432.md?p=2) reasonably represents the population of the [State](/usc/20/1401.md?p=31).
  - (3) **Chairperson—** The Governor shall designate a member of the [council](/usc/20/1432.md?p=2) to serve as the chairperson of the [council](/usc/20/1432.md?p=2), or shall require the [council](/usc/20/1432.md?p=2) to so designate such a member. Any member of the [council](/usc/20/1432.md?p=2) who is a representative of the lead agency designated under [section 1435(a)(10) of this title](/usc/20/1435.md?p=a-10) may not serve as the chairperson of the [council](/usc/20/1432.md?p=2).
- (b) **Composition—**
  - (1) **In general—** The [council](/usc/20/1432.md?p=2) shall be composed as follows:
    - (A) **Parents—** Not less than 20 percent of the members shall be [parents](/usc/20/1401.md?p=23) 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. Not less than 1 such member shall be a [parent](/usc/20/1401.md?p=23) of an [infant or toddler with a disability](/usc/20/1432.md?p=5) or a [child with a disability](/usc/20/1401.md?p=3-A) aged 6 or younger.
    - (B) **Service providers—** Not less than 20 percent of the members shall be public or private providers of [early intervention services](/usc/20/1432.md?p=4).
    - (C) **State legislature—** Not less than 1 member shall be from the [State](/usc/20/1401.md?p=31) legislature.
    - (D) **Personnel preparation—** Not less than 1 member shall be involved in [personnel](/usc/20/1451.md?p=b) preparation.
    - (E) **Agency for early intervention services—** Not less than 1 member shall be from each of the [State](/usc/20/1401.md?p=31) agencies involved in the provision of, or payment for, [early intervention services](/usc/20/1432.md?p=4) to infants and toddlers with disabilities and their families and shall have sufficient authority to engage in policy planning and implementation on behalf of such agencies.
    - (F) **Agency for preschool services—** Not less than 1 member shall be from the [State educational agency](/usc/20/1401.md?p=32) responsible for preschool services to children with disabilities and shall have sufficient authority to engage in policy planning and implementation on behalf of such agency.
    - (G) **State medicaid agency—** Not less than 1 member shall be from the agency responsible for the [State](/usc/20/1401.md?p=31) medicaid program.
    - (H) **Head Start agency—** Not less than 1 member shall be a representative from a Head Start agency or program in the [State](/usc/20/1401.md?p=31).
    - (I) **Child care agency—** Not less than 1 member shall be a representative from a [State](/usc/20/1401.md?p=31) agency responsible for child care.
    - (J) **Agency for health insurance—** Not less than 1 member shall be from the agency responsible for the [State](/usc/20/1401.md?p=31) regulation of health insurance.
    - (K) **Office of the Coordinator of Education of Homeless Children and Youth—** Not less than 1 member shall be a representative designated by the Office of Coordinator for Education of [Homeless Children and Youths](/usc/20/1401.md?p=11).
    - (L) **State foster care representative—** Not less than 1 member shall be a representative from the [State](/usc/20/1401.md?p=31) child welfare agency responsible for foster care.
    - (M) **Mental health agency—** Not less than 1 member shall be a representative from the [State](/usc/20/1401.md?p=31) agency responsible for children’s mental health.
  - (2) **Other members—** The [council](/usc/20/1432.md?p=2) may include other members selected by the Governor, including a representative from the Bureau of [Indian](/usc/20/1401.md?p=12) Affairs (BIA), or where there is no BIA-operated or BIA-funded school, from the [Indian](/usc/20/1401.md?p=12) Health Service or the tribe or tribal [council](/usc/20/1432.md?p=2).
- (c) **Meetings—** The [council](/usc/20/1432.md?p=2) shall meet, at a minimum, on a quarterly basis, and in such places as the [council](/usc/20/1432.md?p=2) determines necessary. The meetings shall be publicly announced, and, to the extent appropriate, open and accessible to the general public.
- (d) **Management authority—** Subject to the approval of the Governor, the [council](/usc/20/1432.md?p=2) may prepare and approve a budget using funds under this subchapter to conduct hearings and forums, to reimburse members of the [council](/usc/20/1432.md?p=2) for reasonable and necessary expenses for attending [council](/usc/20/1432.md?p=2) meetings and performing [council](/usc/20/1432.md?p=2) duties (including child care for [parent](/usc/20/1401.md?p=23) representatives), to pay compensation to a member of the [council](/usc/20/1432.md?p=2) if the member is not employed or must forfeit wages from other employment when performing official [council](/usc/20/1432.md?p=2) business, to hire staff, and to obtain the services of such professional, technical, and clerical [personnel](/usc/20/1451.md?p=b) as may be necessary to carry out its functions under this subchapter.
- (e) **Functions of council—**
  - (1) **Duties—** The [council](/usc/20/1432.md?p=2) shall—
    - (A) advise and assist the lead agency designated or established under [section 1435(a)(10) of this title](/usc/20/1435.md?p=a-10) in the performance of the responsibilities set forth in such section, 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) advise and assist the [State educational agency](/usc/20/1401.md?p=32) regarding the transition of toddlers with disabilities to preschool and other appropriate services; and
    - (D) prepare and submit an annual report to the Governor and to the [Secretary](/usc/20/1401.md?p=28) on the status of early intervention programs for infants and toddlers with disabilities and their families operated within the [State](/usc/20/1401.md?p=31).
  - (2) **Authorized activity—** The [council](/usc/20/1432.md?p=2) may advise and assist the lead agency and the [State educational agency](/usc/20/1401.md?p=32) regarding the provision of appropriate services for children from birth through age 5. The [council](/usc/20/1432.md?p=2) may advise appropriate agencies in the [State](/usc/20/1401.md?p=31) with respect to the integration of services for infants and toddlers with disabilities and at-risk infants and toddlers and their families, regardless of whether at-risk infants and toddlers are eligible for [early intervention services](/usc/20/1432.md?p=4) in the [State](/usc/20/1401.md?p=31).
- (f) **Conflict of interest—** No member of the [council](/usc/20/1432.md?p=2) shall cast a vote on any matter that is likely to provide a direct financial benefit to that member or otherwise give the appearance of a conflict of interest under [State](/usc/20/1401.md?p=31) law.

## Source credit

(Pub. L. 91–230, title VI, § 641, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2758.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1441, Pub. L. 91–230, title VI, § 641, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 116, related to State interagency coordinating councils, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another prior section 1441, Pub. L. 91–230, title VI, § 641, Apr. 13, 1970, 84 Stat. 185; Pub. L. 95–49, § 4, June 17, 1977, 91 Stat. 230; Pub. L. 98–199, §§ 3(b), 12, Dec. 2, 1983, 97 Stat. 1358, 1372; Pub. L. 99–457, title III, § 312, Oct. 8, 1986, 100 Stat. 1169; Pub. L. 100–630, title I, § 105(b), Nov. 7, 1988, 102 Stat. 3299; Pub. L. 101–476, title V, § 501, Oct. 30, 1990, 104 Stat. 1135; Pub. L. 102–421, title II, § 203, Oct. 16, 1992, 106 Stat. 2165, related to grants, contracts, and cooperative agreements for research and related activities, attention deficit disorder centers, and model demonstration programs, prior to repeal by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997.