Md. Code Regs. 13A.13.02.04

Current through Register Vol. 51, No. 18, September 6, 2024

Section 13A.13.02.04 - State Administration

A. Public Awareness.

(1) The Maryland Infants and Toddlers Program shall maintain a Statewide system of public awareness and provide oversight for local lead agency public awareness that:

(a) Focuses on the early identification of infants and toddlers with disabilities; and

(b) Provides information to parents of infants and toddlers through primary referral sources in accordance with 34 CFR § 303.301 and COMAR 13A.

(2) The Maryland Infants and Toddlers Program shall maintain a central directory that:

(a) Is accessible to the general public; and

(b) Includes accurate information regarding Maryland's early intervention system of services, consistent with 34 CFR § 303.117.

B. Comprehensive Child Find System.

(1) The Maryland Infants and Toddlers Program shall ensure that each local lead agency establishes a comprehensive child find system that:

(a) Includes a system for primary referral sources to make referrals to local lead agencies within the timelines prescribed;

(b) Ensures rigorous standards for appropriately identifying infants and toddlers with disabilities for early intervention services that will reduce the need for future services;

(c) Meets the requirements of 34 CFR §§ 303.302- 303.321 and is consistent with Part B of the Act; and

(d) Is coordinated with all other major efforts to locate and identify children by other State agencies responsible for administering the various education, health, and social service programs relevant to Part C of the Act, including, but not limited to:

(i) The Department;

(ii) The Maternal and Child Health Program, including the Maternal, Infant, and Early Childhood Home Visiting Programs, under Title V of the Social Security Act, as amended;

(iii) The Medicaid Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Program under Title XIX of the Social Security Act;

(iv) Programs under the Developmental Disabilities Assistance and Bill of Rights Act of 2000;

(v) The Head Start Act, including Early Head Start programs, in accordance with section 645A of the Head Start Act;

(vi) The Supplemental Security Income program under Title XVI of the Social Security Act;

(vii) Child protection and child welfare programs, including programs administered by, and services provided through, the Maryland Department of Human Resources;

(viii) Child care programs in the State;

(ix) The programs that provide services under the Family Violence Prevention and Services Act;

(x) The Early Hearing Detection and Intervention (EHDI) systems administered by the Centers for Disease Control (CDC); and

(xi) The Children's Health Insurance Program (CHIP) authorized under Title XXI of the Social Security Act.

(2) With the advice and assistance of the Council, the Maryland Infants and Toddlers Program shall take steps to ensure that:

(a) There will not be unnecessary duplication of effort by the programs identified in §B(1)(d) of this regulation; and

(b) The Maryland Infants and Toddlers Program shall make use of the resources available through public agencies and EIS providers to implement the child find system in an effective manner.

C. Comprehensive System of Personnel Development.

(1) The Maryland Infants and Toddlers Program shall develop and implement a comprehensive system of personnel development, consistent with 34 CFR § 303.118.

(2) The Maryland Infants and Toddlers Program shall provide oversight to local lead agencies for the implementation of the local comprehensive systems of personnel development.

D. Personnel Standards.

(1) The Maryland Infants and Toddlers Program shall establish appropriate professional requirements for personnel providing early intervention services for eligible children and their families, consistent with 34 CFR § 303.119.

(2) Appropriate professional requirements for personnel providing early intervention services are:

(a) State-approved or recognized certification, licensing, registration, or other comparable requirements that the Maryland General Assembly has enacted or authorized a State agency to promulgate through rules that establish entry level standards for employment in a specific profession or discipline; and

(b) Based on the highest requirements in the State applicable to the profession or discipline in which a person is providing early intervention services.

E. Data Collection.

(1) The Maryland Infants and Toddlers Program shall maintain a uniform Statewide data collection system for compiling and reporting timely and accurate data that meets the requirements of 34 CFR §§ 303.124, 303.700 -303.702, and 303.720 - 303.724.

(2) Consistent with 34 CFR § 303.124, the Statewide data collection system shall:

(a) Collect data from public agencies and EIS providers;

(b) Compile the numbers of eligible children receiving early intervention services, and other information required by 34 CFR 303 and the Secretary of the U.S. Department of Education; and

(c) Include a description of the process that the Department will use to compile data on infants and toddlers with disabilities receiving early intervention services for reporting the data required, in accordance with 34 CFR §§ 303.700- 303.707 and 303.720 - 303.724.

(3) The Maryland Infants and Toddlers Program shall report the data required by 34 CFR § 303.720 et seq. at the time and in the manner specified by the Secretary.

F. Supervision, Monitoring, and Enforcement.

(1) The Maryland Infants and Toddlers Program shall collaborate with State agencies identified in the State Interagency Agreement to monitor programs and activities of the State to implement Part C of the Act, including:

(a) Supervising and monitoring local lead agencies, institutions, organizations, and EIS providers, in accordance with 34 CFR § 303.120(a);

(b) Providing technical assistance to local lead agencies, institutions, organizations, and EIS providers;

(c) Enforcing obligations imposed on local lead agencies, institutions, organizations, and EIS providers;

(d) Correcting deficiencies that are identified through monitoring;

(e) Correcting noncompliance identified through monitoring as soon as possible and in no case later than 1 year after the identification of the noncompliance; and

(f) Conducting the activities in §F(1)(a)-(e) of this regulation, consistent with 34 CFR §§ 303.700- 303.707 to:

(i) Make determinations annually about the performance of each local EIS program using the categories identified in 34 CFR § 303.703(b);

(ii) Use appropriate mechanisms to enforce the requirements of Part C of the Act consistent with 34 CFR § 303.704 and COMAR 13A.05.02.07; and

(iii) Report annually on the performance of the State and of each local EIS program, in accordance with 34 CFR § 303.702.

(2) The focus of monitoring activities shall be to:

(a) Improve early intervention results and functional outcomes for infants and toddlers with disabilities; and

(b) Ensure that EIS programs meet program most closely related to improving early intervention results for infants and toddlers with disabilities.

(3) The Department shall monitor local lead agencies to measure performance, consistent with 34 CFR § 303.700(d).

(4) In exercising the monitoring responsibilities described in §F(3) of this regulation, the Maryland Infants and Toddlers Program ensure the correction of noncompliance in the time frame and manner as described in §F(1)(e) of this regulation.

G. State Performance Plan.

(1) The Maryland Infants and Toddlers Program shall develop and implement a performance plan that:

(a) Meets the requirements of 20 U.S.C. § 1416;

(b) Is approved by the Secretary; and

(c) Includes:

(i) An evaluation of the State's efforts to implement the requirements and purposes of Part C of the Act;

(ii) A description of how the State will improve implementation; and

(iii) Measurable and rigorous targets for the indicators established by the Secretary under the priority areas described in 34 CFR § 303.700(d).

(2) The Maryland Infants and Toddlers Program shall:

(a) Review the State Performance Plan (SPP) at least once every 6 years; and

(b) Submit amendments to the Secretary in the time frame and in the manner specified.

(3) The Department shall:

(a) Collect valid and reliable information on the indicators established by the Secretary for the SPP, in accordance with 34 CFR § 303.702(b)(2);

(b) Use the priority areas and the SPP targets, consistent with 34 CFR §§ 303.700(d) and 303.701 to analyze the performance of each local EIS program in implementing Part C of the Act;

(c) Report annually to the Secretary on the performance of the State under the State's performance plan;

(d) Report annually to the public on the performance of each local EIS program on the targets in the State's performance plan, consistent with 34 CFR § 303.702(b), as soon as practicable but no later than 120 days following the State's submission of its annual performance report to the U.S. Department of Education; and

(e) Make the SPP, annual performance report, and the State's annual reports on the performance of each EIS program available to the public, in accordance with 34 CFR § 303.702(b).

(4) In meeting the requirements of 34 CFR § 303.702(b)(1)(i)(A), the State shall include in its public report on local EIS programs the most recently available performance data on each local EIS program and the date the data were collected.

(5) The Maryland Infants and Toddlers Program shall not report to the public or the Secretary any information on performance that would result in the disclosure of personally identifiable information about individual children, or where the available data are insufficient to yield statistically reliable information.

H. Policy for Contracting or Otherwise Arranging for Services. Consistent with 34 CFR § 303.121, the Maryland Infants and Toddlers Program shall require agencies, institutions, or organizations to implement policies and procedures to ensure:

(1) Early intervention services provided to eligible children and their families shall meet the definition of early intervention services in COMAR 13A.13.01.03B(14);

(2) Procurement of early intervention services by service providers shall conform to the applicable agency procurement policies; and

(3) Individuals or organizations seeking to provide early intervention services shall meet the requirements of Regulation .08H of this chapter.

I. Resolution of Disputes.

(1) The Maryland Infants and Toddlers Program, consistent with 34 CFR § 303.120(e), shall resolve:

(a) Interagency disputes; and

(b) Intra-agency disputes that the local agency is unable to resolve.

(2) During the pendency of a dispute, the Maryland Infants and Toddlers Program shall:

(a) Assign financial responsibility to an agency; or

(b) Pay for the service in accordance with COMAR 13A.13.02.06C.

(3) If, in resolving the dispute, the Maryland Infants and Toddlers Program determines that the assignment of financial responsibility was inappropriate, the Maryland Infants and Toddlers Program shall:

(a) Reassign the responsibility to the appropriate agency; and

(b) Make arrangements for reimbursement of any expenditures incurred by the agency originally assigned responsibility.

(4) To the extent necessary to ensure compliance with its action in §I(3) of this regulation, the Maryland Infants and Toddlers Program may:

(a) Refer the dispute to the Council, which shall provide assistance within 15 days; and

(b) Refer to the Governor as necessary.

J. Timely Reimbursement of Funds.

(1) Upon resolution of an interagency dispute, the Maryland Infants and Toddlers Program shall notify the agency determined to have financial responsibility for the early intervention functions or services.

(2) The written notification shall include the:

(a) Name of the eligible child for whom functions or services have been provided;

(b) Type or types of early intervention function or service provided;

(c) Date or dates on which an early intervention function or service was provided;

(d) Frequency and intensity of the early intervention service provided;

(e) Cost of the service or services and the total amount of reimbursement required for the service or services; and

(f) Name of the agency to be reimbursed for the early intervention functions or services.

(3) Upon receipt of written notification, the agency determined to have financial responsibility shall provide reimbursement to the agency within 30 days for functions or services provided during the pendency of the dispute.

Md. Code Regs. 13A.13.02.04

Effective date: 40:15 Md. R. 1232, eff.8/5/2013