186-C:7-a Interagency Agreement for Special Education. –
I. The commissioner of the department of education, the state board of education, and the commissioner of the department of health and human services shall, consistent with applicable state and federal law, enter into an interagency agreement for the purposes of:
(a) Meeting the multi-service agency needs of children with disabilities in an efficient and effective manner and without delays caused by jurisdictional or funding disputes;
(b) Providing for continuity and consistency of services across environments in which children function; and
(c) Ensuring well-planned, smooth, and effective transitions from early intervention to special education and from special education to postsecondary life.
II. This agreement shall address programs and services for children with disabilities, provided, funded, or regulated by the department and local school districts, and the department of health and human services and its local counterparts, the district offices, the area agencies, and the community mental health centers.
III. The agreement shall address the functions set forth in paragraph I including, but not limited to:
(a) Defining the specific populations to be served.
(b) Identifying and describing the services available through each agency.
(c) Describing the specific programmatic and financial responsibilities of each department, and its divisions, bureaus, and local counterparts.
(d) Estimating the costs of, and source of funds for, all services to be provided by each department.
(e) Implementing methods to ensure prompt and timely initiation of services, including criteria for determining agency responsibility for service provision and payment, which shall include:
(1) A provision permitting a parent or agency, believing that it is not responsible for the services at issue, to request the participation of another potentially responsible agency, provided that in the case of an agency request, the parent or child who has reached majority has been advised of his or her appeal rights and the parent or child, as applicable, consents to the participation of the other agency.
(2) The procedure and criteria, when more than one agency is involved, for determining who should provide and pay for the needed services, such criteria to include a requirement that the school district is responsible to provide and pay for all special education, related services, supplemental aids and services, and accommodations for children with disabilities, unless:
(A) Medicaid is responsible or the department of health and human services or another agency is required to pay; or
(B) Another agency agrees to pay voluntarily or pursuant to an agreement; or
(C) The service is primarily non-educational in nature, involving only care or custodial activities and serves no educational purpose, and does not pertain to curriculum or individualized skills or behavior change or development aimed at enabling a child to function in the school, workplace, home, and community, and are neither related services, supplementary aides, and services, or as defined by state or federal law.
(3) A procedure for dispute resolution, including a provision for binding dispute resolution, which may be initiated by any participating agency, parent, guardian, educational surrogate, or child who has reached the age of majority to determine whether or not the child is entitled to the services in dispute, when service entitlement by all agencies is in dispute, and which agency is responsible to pay and provide the service, when agency financial and programmatic responsibility is in dispute.
(4) When there is a dispute as to financial or programmatic responsibility, a provision that the local school district shall provide the service or otherwise ensure that the service is provided, subject to the local school district's right of reimbursement if another agency is found responsible.
(f) Consistent with federal and state privacy laws, provisions for state and local educational and health and human service agencies to share and exchange necessary child and program specific information and data.
IV. [Repealed.]
V. Nothing in this section shall require:
(a) A parent, guardian, or child to pay for services provided by a local school district or other local or state public educational program, if the services are educational in nature or are otherwise required by the Individuals with Disabilities Education Act, 20 U.S.C. section 1400 et seq.
(b) A local school district to provide any educational services beyond those required under the Individuals with Disabilities Education Act, 20 U.S.C. section 1400 et seq., or this chapter.
(c) The department of health and human services to provide services not otherwise required by other state or federal laws.
Source. 1985, 269:5. 1990, 140:2, X. 1998, 195:1. 2008, 274:31; 302:41. 2012, 264:1, I, eff. Aug. 17, 2012.