Md. Code Regs. 13A.13.02.08

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

Section 13A.13.02.08 - Local Lead Agency Administration

A. Designation of Local Lead Agency.

(1) The local governing authority of each jurisdiction shall designate a local lead agency to plan and coordinate early intervention services for eligible children and their families who reside within the jurisdiction.

(2) The local governing authorities may agree to designate a single local lead agency for two or more jurisdictions.

B. Local Interagency Agreements.

(1) The local lead agency shall enter into formal local interagency agreements with local agencies, institutions, organizations, and early intervention service providers involved in the local early intervention system.

(2) Local interagency agreements shall include:

(a) Assignment of financial responsibility for early intervention services;

(b) Procedures for achieving timely resolution of intra-agency and interagency disputes about payments for a given service, or disputes about other matters related to the local early intervention system, including a procedure for notifying the Department when local resolution is not possible to make a final determination that is binding upon the agencies involved, consistent with 34 CFR § 303.511(c)(3);

(c) A mechanism to ensure that services for a child under the Act are not delayed or denied because of any dispute between agencies regarding financial or other responsibilities, consistent with 34 CFR § 303.511(d)(1);

(d) A description of Medical Assistance (MA) billing procedures for health related services and service coordination, including the role(s) of the partner agencies in the interagency agreement; and

(e) Additional components as necessary to ensure effective cooperation and coordination among all service providers involved in the local early intervention system in accordance with Part C of the Act, COMAR 13A.13.01, this chapter, and local policies and procedures.

C. Consolidated Local Implementation Grant (CLIG).

(1) Each local lead agency shall develop and submit an annual consolidated local implementation grant for early intervention services, at the time and in the manner specified by the Department, including assurances whereby the interagency partners agree to comply with:

(a) The use of funds requirements, consistent with 34 CFR § 303.501; and

(b) The payor of last resort requirements, consistent with 34 CFR § 303.510.

(2) The Department shall distribute local implementation grant funds to local lead agencies, contingent upon the submission of an annual local interagency plan in compliance with COMAR 13A.13.01 and this chapter.

D. Identification and Coordination of Resources. The local lead agency shall provide information related to other funding sources for early intervention services, at the time and in the manner specified by the Department, consistent with §C(1) of this regulation.

E. Public Awareness.

(1) Each local lead agency shall coordinate the development and implementation of a local public awareness program that focuses on the early identification of children who may be eligible to receive early intervention services, consistent with the provisions of 34 CFR § 303.301 and Regulation .04A of this chapter, including:

(2) A description of the child find system;

(3) A description on how to refer a child younger than 3 years old for an evaluation or early intervention services;

(4) Preparation and dissemination of information to all primary referral sources; and

(5) Dissemination of information to parents of toddlers with disabilities of the availability of services under section 619 of the Act not fewer than 90 days prior to the toddler's third birthday.

F. Comprehensive Child Find System. Each local lead agency, consistent with the applicable provisions of 34 CFR §§ 303.302- 303.322 shall have local policies and procedures identified in COMAR 13A.13.01.04.

G. Screening. Each local lead agency may adopt written policies and procedures.

H. Comprehensive System of Personnel Development. Each local lead agency shall develop and coordinate the implementation of a local comprehensive system of personnel development plan consistent with 34 CFR § 303.118.

I. Personnel Standards. Each local lead agency shall develop and implement written policies to require personnel providing early intervention services for eligible children and their families to meet appropriate professional requirements established by the Department and consistent with 34 CFR § 303.119.

J. Data Collection. The local lead agency shall:

(1) Develop procedures for collecting and compiling data from all appropriate service providers for preparation of reports required by the Department;

(2) Use the statewide data system to compile the numbers of eligible children receiving early intervention services, and other information required by 34 CFR 303 and the U.S. Department of Education; and

(3) Submit the data at the time and in the manner specified by the Department.

K. Supervision, Monitoring and Enforcement. Each local lead agency shall:

(1) Submit financial and other written reports at the time and in the manner specified by the Department;

(2) Participate in periodic desk audits and on-site monitoring visits conducted by the Department; and

(3) Comply with enforcement actions required by the Department.

L. Policy for Contracting or Otherwise Arranging for Services. The local lead agency shall include a policy pertaining to the contracting or making of other arrangements with public or private individuals or agency service providers to provide early intervention services, consistent with 34 CFR § 303.121, including:

(1) The contents of the application;

(2) The conditions of contract; and

(3) Other arrangements, if applicable.

M. Timely Reimbursement of Funds. The local lead agency shall have procedures for securing the timely reimbursement of funds used under Part C of the Act, in accordance with 34 CFR §§ 303.500- 303.521.

N. Delivery of Services in a Timely Manner.

(1) Each local lead agency shall develop procedures to ensure that services are provided to eligible children and their families in a timely manner, pending the resolution of disputes among service providers. Procedures shall be consistent with Regulation .05A(2)(b) of this chapter.

(2) Service providers shall implement procedures in §M of this regulation.

O. Notice of Availability of Programs.

(1) The local lead agency in the State shall notify the parents or guardians of each hearing impaired child of the availability of the education programs offered by the Maryland School for the Deaf.

(2) The local lead agency in the State shall notify the parents or guardians of each blind or visually impaired child, including children with multiple disabilities, of the availability of the educational programs offered by the Maryland School for the Blind.

P. Local Interagency Coordinating Council (LICC).

(1) The local governing authority of each jurisdiction shall establish a local interagency coordinating council to advise and assist the local lead agency in the development and implementation of policies that constitute the local early intervention system.

(2) The membership and meeting requirements of the local interagency coordinating council shall be consistent with the requirements established by the Department in the application for local implementation grant funds.

Md. Code Regs. 13A.13.02.08

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