Current through Register Vol. 54, No. 44, November 2, 2024
The Departments of Education, Health, Labor and Industry and Public Welfare shall execute an interagency agreement to establish coordination and collaboration at the State level by defining fiscal and programmatic responsibilities for each agency under applicable law. This interagency agreement shall also provide specific direction for local level interagency cooperation to achieve the objectives listed in this section. The interagency agreement shall be executed prior to the expiration of this subchapter. The directives and responsibilities set forth under the agreement will be coordinated and directed by the Pennsylvania Human Resources Investment Council, if applicable, with the involvement of appropriate advisory councils. The objectives are as follows:
(1) To promote systematic funding to support students with disabilities. This includes the implementation of a reimbursement mechanism and the assignment of responsibilities for services each department will provide pursuant to the terms of Federal or State law or State-level interagency agreement. The interagency agreement shall include: (i) An identification of, or a method for defining, the financial responsibility of each agency for providing services to ensure a free appropriate public education to children with disabilities, provided that the financial responsibility of each public agency otherwise obligated under State or Federal law or State policy to provide or pay for any services that are also considered special education or related services shall precede the financial responsibility of the local educational agency (or the State agency responsible for developing the child's Individualized Education Program (IEP)).(ii) The conditions, terms and procedures under which a local educational agency shall be reimbursed by other agencies.(iii) Procedures for resolving interagency disputes, including procedures under which local educational agencies may initiate proceedings, under the agreement or other mechanism to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or mechanism.(iv) Policies and procedures for agencies to determine and identify the responsibilities of each agency to promote interagency coordination and timely and appropriate delivery of services.(2) To promote interagency cooperation in the implementation of the Individuals with Disabilities Education Act (20 U.S.C.A. § § 1400-1485). With reference to transition services, the interagency agreement shall identify: (i) Policies, practices and procedures that can be coordinated between agencies, including definitions, standards for eligibility, policies and procedures for making referrals, procedures for outreach to and identification of students who are receiving special education services and are in need of transition services, and procedures and time frames for evaluation and follow-up on those students.(ii) The roles of each agency, including provisions for determining the State lead agencies and qualified personnel with primary responsibility for transition services.(iii) Procedures for providing training for staff of State and local educational agencies as to the availability, benefits of and eligibility standards for other State agencies providing transition services.(iv) Available resources, including sources of funds for the development and expansion of services.(v) Other components necessary to ensure meaningful cooperation among agencies, including procedures to facilitate the development of local teams to coordinate the provision of services to students with disabilities, sharing data and joint training of staff in the provision of transition services.(3) To assure that local agreements, consistent with the objectives of the State-level interagency agreement, are developed and implemented among the Office of Vocational Rehabilitation district offices, local school districts, vocational technical schools, intermediate units, county mental health/mental retardation programs, district offices of Blindness and Visual Services and other appropriate agencies.(4) To evaluate the need for and implement, as appropriate, joint training and ongoing in-service training for staff of the Bureau of Special Education, Office of Vocational Rehabilitation, Bureau of Employment Services and Training; the Office for the Deaf and Hard of Hearing; the State Office of Mental Health and Substance Abuse Services and County Mental Health; the State Office of Mental Retardation; county mental retardation offices; the Bureau of Blindness and Visual Services; intermediate units; school districts; vocational-technical schools; postsecondary institutions as well as for parents/families, service providers and representatives from business and industry.(5) To promote the availability of appropriate choices and options for students with disabilities and their families in securing services, including early intervention, special education and related services, and to enable students to make the transition from school to becoming successful, participating members of the community.(6) To review existing databases for students/clients with disabilities, while maintaining proper confidentiality, as a means to make recommendations for improving coordinated services.(7) To provide mechanisms for the replication of exemplary programs.(8) To provide for a system to resolve conflicts or questions which may arise under this subchapter or under existing memoranda of understanding through the Governor's Office of General Counsel.