Chapter 25. Transportation Services Under the Individuals with Disabilities Education Act (IDEA)

“Child's family” means those individuals with whom a participant resides, who are responsible for the participant, and who are the primary nurturing caregivers.

“Department” means the Maryland Department of Health as defined in COMAR 10.09.36.01.

“Early intervention services (EIS)” means services which are consistent with COMAR 13A.13.01.02.

“Individualized education program (IEP)” means a written description of special education and related services developed by a multidisciplinary team to be implemented to meet the individual needs of a child pursuant to COMAR 13A.05.01.09.

“Individualized family service plan (IFSP)” means a written plan for providing early intervention and other services to an eligible child and the child's family pursuant to COMAR 13A.13.01.02.

“Individuals with Disabilities Education Act (IDEA)” means the federal statute which provides for a free appropriate public education (FAPE) for children with disabilities from ages 3 to 21 and early intervention services for infants and toddlers with developmental delay, from birth to age 3.

“Infants and toddlers with disabilities” means children from birth through 2 years old who are eligible for early intervention services, as documented by appropriate qualified personnel as defined in COMAR 13A.13.01.02.

“Local education agency (LEA)” means a local public school district.

“Local lead agency (LLA)” means the agency designated by the local governing authority in each county and Baltimore City to administer the interagency system of early intervention services under the direction of the Office for Children.

“Maryland State Department of Education (MSDE)” means the Department established by Education Article, Title 2, Annotated Code of Maryland.

“Medical Assistance Program” has the meaning stated in COMAR 10.09.36.01.

“Multidisciplinary” means the involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment activities and the development of the individualized family service plan or individualized education program.

“Multidisciplinary team” means a group convened and conducted by the provider to develop the participant's IEP, which is composed of the child's parent or parents, the child's teacher, and relevant service providers as indicated in COMAR 13A.05.01.08A.

“Office for Children” means the Office for Children established under Executive Order 01.01.2006.03.

“Parent” means a biological or adoptive parent, a legal guardian, another individual responsible for a child's welfare, or a surrogate parent for those cases when:

“Participant” means a Medical Assistance recipient who is eligible for Medical Assistance reimbursement for transportation services under IDEA.

“Program” means the Medical Assistance Program as defined in COMAR 10.09.36.01.

“Provider” means a local education agency, local lead agency, State-operated education agency, or State-supported education agency which meets the conditions for participation stated in Regulation .03 of this chapter, to provide transportation services under IDEA.

“State-operated education agency” means a State agency that operates education programs for children with disabilities in accordance with COMAR 13A.05.01.

“State-supported education agency” means an entity accredited by the Maryland State Board of Education to operate a school in accordance with COMAR 13A.09.10.

“Transportation” means transportation services provided pursuant to COMAR 13A.06.07.

Eligible for services under IDEA;

Who is an eligible Medicaid recipient;

Who was transported to or from a Medicaid-covered service under IDEA;

Whose transportation and Medicaid-covered service or services are included on the child's IEP or IFSP.

Transportation to or from a school where a Medicaid-covered IDEA service is provided;

Transportation to or from a site where a Medicaid Early Intervention-covered IDEA service is provided; and

Transportation between a school and a Medicaid-covered IDEA service.

An enrolled provider shall submit a request for payment of services rendered and completed under this chapter according to procedures established by the Department. The Department reserves the right to return to the provider, before payment, all payment requests not properly prepared or submitted.

The provider shall submit a request for payment in the manner specified by the Department. The completed form shall indicate the: