The purpose of this chapter is to implement administrative procedures related to a Statewide and local comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families under Part C of the Individual with Disabilities Education Act (IDEA), 34 CFR 303 and COMAR 13A.13.01. This chapter applies to State and local public agencies that provide early intervention services for infants and toddlers with disabilities and their families, in accordance with the child’s Individualized Family Service Plan (IFSP), including to the Maryland Infants and Toddlers Program in the Maryland Department of Education, local school systems, and the 24 local lead agencies, in accordance with 34 CFR 303. In this chapter, the definitions in COMAR 13A.13.01 apply, and the following terms have the meanings indicated. Terms Defined. “Council” means the State Interagency Coordinating Council. “Secretary” means the Secretary of the United States Department of Education. Public Awareness. The Maryland Infants and Toddlers Program shall maintain a Statewide system of public awareness and provide oversight for local lead agency public awareness that: Focuses on the early identification of infants and toddlers with disabilities; and Provides information to parents of infants and toddlers through primary referral sources in accordance with 34 CFR §303.301 and COMAR 13A.13.01.04A. The Maryland Infants and Toddlers Program shall maintain a central directory that: Is accessible to the general public; and Includes accurate information regarding Maryland’s early intervention system of services, consistent with 34 CFR §303.117. Comprehensive Child Find System. The Maryland Infants and Toddlers Program shall ensure that each local lead agency establishes a comprehensive child find system that: Includes a system for primary referral sources to make referrals to local lead agencies within the timelines prescribed; Ensures rigorous standards for appropriately identifying infants and toddlers with disabilities for early intervention services that will reduce the need for future services; Meets the requirements of 34 CFR §§303.302—303.321 and is consistent with Part B of the Act; and 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: The Department; 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; The Medicaid Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Program under Title XIX of the Social Security Act; Programs under the Developmental Disabilities Assistance and Bill of Rights Act of 2000; The Head Start Act, including Early Head Start programs, in accordance with section 645A of the Head Start Act; The Supplemental Security Income program under Title XVI of the Social Security Act; Child protection and child welfare programs, including programs administered by, and services provided through, the Department of Human Services; Child care programs in the State; The programs that provide services under the Family Violence Prevention and Services Act; The Early Hearing Detection and Intervention (EHDI) systems administered by the Centers for Disease Control (CDC); and The Children’s Health Insurance Program (CHIP) authorized under Title XXI of the Social Security Act. With the advice and assistance of the Council, the Maryland Infants and Toddlers Program shall take steps to ensure that: There will not be unnecessary duplication of effort by the programs identified in §B(1)(d) of this regulation; and 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. Comprehensive System of Personnel Development. The Maryland Infants and Toddlers Program shall develop and implement a comprehensive system of personnel development, consistent with 34 CFR §303.118. The Maryland Infants and Toddlers Program shall provide oversight to local lead agencies for the implementation of the local comprehensive systems of personnel development. Personnel Standards. 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. Appropriate professional requirements for personnel providing early intervention services are: 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 Based on the highest requirements in the State applicable to the profession or discipline in which a person is providing early intervention services. Data Collection. 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. Consistent with 34 CFR §303.124, the Statewide data collection system shall: Collect data from public agencies and EIS providers; 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 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. 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. Supervision, Monitoring, and Enforcement. 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: Supervising and monitoring local lead agencies, institutions, organizations, and EIS providers, in accordance with 34 CFR §303.120(a); Providing technical assistance to local lead agencies, institutions, organizations, and EIS providers; Enforcing obligations imposed on local lead agencies, institutions, organizations, and EIS providers; Correcting deficiencies that are identified through monitoring; Correcting noncompliance identified through monitoring as soon as possible and in no case later than 1 year after the identification of the noncompliance; and Conducting the activities in §F(1)(a)—(e) of this regulation, consistent with 34 CFR §§303.700—303.707 to: Make determinations annually about the performance of each local EIS program using the categories identified in 34 CFR §303.703(b); 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 Report annually on the performance of the State and of each local EIS program, in accordance with 34 CFR §303.702. The focus of monitoring activities shall be to: Improve early intervention results and functional outcomes for infants and toddlers with disabilities; and Ensure that EIS programs meet program most closely related to improving early intervention results for infants and toddlers with disabilities. The Department shall monitor local lead agencies to measure performance, consistent with 34 CFR §303.700(d). 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. State Performance Plan. The Maryland Infants and Toddlers Program shall develop and implement a performance plan that: Meets the requirements of 20 U.S.C. §1416; Is approved by the Secretary; and Includes: An evaluation of the State’s efforts to implement the requirements and purposes of Part C of the Act; A description of how the State will improve implementation; and Measurable and rigorous targets for the indicators established by the Secretary under the priority areas described in 34 CFR §303.700(d). The Maryland Infants and Toddlers Program shall: Review the State Performance Plan (SPP) at least once every 6 years; and Submit amendments to the Secretary in the time frame and in the manner specified. The Department shall: Collect valid and reliable information on the indicators established by the Secretary for the SPP, in accordance with 34 CFR §303.702(b)(2); 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; Report annually to the Secretary on the performance of the State under the State’s performance plan; 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 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). 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. 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. 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: 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); Procurement of early intervention services by service providers shall conform to the applicable agency procurement policies; and Individuals or organizations seeking to provide early intervention services shall meet the requirements of Regulation .08H of this chapter. Resolution of Disputes. The Maryland Infants and Toddlers Program, consistent with 34 CFR §303.120(e), shall resolve: Interagency disputes; and Intra-agency disputes that the local agency is unable to resolve. During the pendency of a dispute, the Maryland Infants and Toddlers Program shall: Assign financial responsibility to an agency; or Pay for the service in accordance with COMAR 13A.13.02.06C. 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: Reassign the responsibility to the appropriate agency; and Make arrangements for reimbursement of any expenditures incurred by the agency originally assigned responsibility. To the extent necessary to ensure compliance with its action in §I(3) of this regulation, the Maryland Infants and Toddlers Program may: Refer the dispute to the Council, which shall provide assistance within 15 days; and Refer to the Governor as necessary. Timely Reimbursement of Funds. 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. The written notification shall include the: Name of the eligible child for whom functions or services have been provided; Type or types of early intervention function or service provided; Date or dates on which an early intervention function or service was provided; Frequency and intensity of the early intervention service provided; Cost of the service or services and the total amount of reimbursement required for the service or services; and Name of the agency to be reimbursed for the early intervention functions or services. 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. Interagency Collaboration. The Maryland Infants and Toddlers Program shall ensure that formal interagency agreements are developed with each of the responsible State agencies, consistent with 34 CFR §§303.120 and 303.500—303.511. Interagency agreements shall include: The commitment of agencies to ensure financial responsibility of local participating agencies providing early intervention services, consistent with 34 CFR §303.511; Procedures for achieving a timely resolution of intra-agency and interagency disputes about payments for a given service, or disputes about other matters related to the State's early intervention system, including: Provision for an agency to resolve internal disputes according to agency procedures, in accordance with Regulation .04(I) of this chapter; A process for notifying the Maryland Infants and Toddlers Program when an agency is unable to resolve an internal dispute; and A mechanism for making a final determination that is binding upon the agencies involved; and Additional components as determined necessary to ensure effective cooperation and coordination among all agencies, including, but not limited to, goals and objectives to: Adopt a uniform set of administrative policies and procedures by participating agencies, consistent with Education Article, §8-416, Annotated Code of Maryland; Support policy priorities of the Subcabinet for Children, Youth, and Families, the Department, and the Council; and Use funds available under Part C of the Act and the annual Budget Bill, enacted pursuant to the Maryland Constitution, Article III, §52, to enhance the State's capacity to provide early intervention services. General. The Department will identify and coordinate all available resources for early intervention services within the State, including those from federal, State, local and private sources, consistent with 34 CFR §§303.500—303.521. Use of Funds. The use of IDEA Part C funds shall be consistent with the use of funds requirements in 34 CFR §303.501. Payor of Last Resort. Funds available under Part C of the Act shall be used in a manner consistent with 34 CFR §§303.510 and 303.520. State Application. The Department shall submit an annual application to the United States Department of Education at the time and in the manner specified the United States Department of Education, consistent with 34 CFR §§303.201—303.212, 303.220—303.227, and 303.500—303.521. Use of Medical Assistance. The use of medical assistance is prohibited, unless the local lead agency provides written notification to the child’s parents and parents’ consent is provided prior to using public benefits, consistent with 34 CFR §303.520. The Maryland Infants and Toddlers Program shall monitor implementation of policies related to the use of medical assistance to pay for early intervention services to eligible children and their families. Each system must include a State Interagency Coordinating Council that meets the requirements of 34 CFR §§303.600—303.605. Membership. The State Interagency Coordinating Council shall be composed as follows: At least 20 percent of the members shall be parents, including minority parents and including: One parent of a child with a disability, younger than 7 years old; Parents of children with disabilities, younger than 13 years old, with knowledge of, or experience with, programs for infants and toddlers with disabilities; At least 20 percent of the members shall be public or private providers of early intervention services; At least one member shall be from the State legislature; At least one member shall be involved in personnel preparation; At least one member shall be from the Department’s subdivision responsible for preschool services to children with disabilities, with sufficient authority to engage in policy planning and implementation on behalf of that agency; At least one member shall be from the Maryland Insurance Administration; At least one member shall be from a Head Start agency or program in the State; At least one member shall be from the State agency responsible for child care; At least one member shall be a representative from the State agency responsible for the coordination of education of homeless children and youth; At least one member shall be a representative from the State child welfare agency responsible for foster care; At least one member shall be from the State agency responsible for children’s mental health; At least one member shall have a disability; and Other members shall be from each of the State agencies involved in the provision of, or payment for, early intervention services to infants and toddlers with disabilities and their families, with sufficient authority to engage in policy planning and implementation on behalf of these agencies. A maximum of ten individuals may be selected as ex officio/nonvoting members. Membership shall represent the population and geographic diversity of the State. Appointments. Voting members shall be appointed by the Governor with consent of the State Senate. Voting members shall serve for a term of 3 years beginning July 1. Members may be reappointed for one term. If a voting member is unable to complete a term, the Governor shall appoint a replacement for the remainder of the term. Functions of the Council. The Council shall advise and assist the Department in the performance of its responsibilities in accordance with 34 CFR §303.604, including: The development and implementation of the policies that constitute the State's early childhood intervention and education system; The achievement of full participation, coordination, and cooperation of all appropriate public agencies in the State; The effective implementation of the State's early childhood intervention and education system by establishing a process that includes: Seeking information from service providers, service coordinators, parents, and others about any federal, State, or local policies that impede timely service delivery; and Ensuring that policy problems identified under §D(1)(a) of this regulation are resolved; and Assistance to the Department in the resolution of disputes. The Council shall advise and assist the Department in the: Identification of sources of fiscal and other support for services for early childhood intervention and education programs under Part C and Part B, Section 619 of the Act; Assignment of financial responsibility to the appropriate agency; Promotion of methods which include: The use of intra-agency and interagency agreements for intra-agency and interagency collaboration regarding child find consistent with 34 CFR §§303.115 and 303.302; Monitoring consistent with 34 CFR §§303.120 and 303.700—303.708; Financial responsibility and provision of early intervention services consistent with 34 CFR §§303.202 and 303.511; and Transition consistent with 34 CFR §303.209; Transition of toddlers with disabilities to preschool and other appropriate services; Provision of appropriate services to children younger than 6 years old; and Preparation of applications under Part C of the Act. The Council may carry out the following authorized activities: Advise and assist the Department regarding the provision of appropriate services for children with disabilities from birth through age 5; Advise appropriate agencies in the State with respect to integration of services for infants and toddlers with disabilities and at-risk infants and toddlers and their families, regardless of whether at-risk infants and toddlers are eligible for early intervention services in the State; and Coordinate and collaborate with the State Advisory Council on Early Childhood Education and Care for children, as described in the Head Start Act, 42 U.S.C. 9837b(b)(1)(A)(i), if applicable, and other State interagency early learning initiatives, as appropriate. The Council shall prepare and submit an annual report to the Governor and to the U.S. Department of Education on the status of early childhood intervention and education programs for infants, toddlers, and young children with disabilities and their families under Part C of the Act operated within the State. The Council shall submit the reports specified in §D(4) of this regulation at the time and in the manner specified by the Governor and the U.S. Department of Education. Each annual report must contain the information required by the U.S. Department of Education for the year in which the report is made. Meetings. The Council must meet, at a minimum, on a quarterly basis, and in such places as it determines necessary. The meetings shall be: Publicly announced sufficiently in advance of the dates they are to be held to ensure that all interested parties have an opportunity to attend; and Open and accessible to the general public. Use of Funds by the Council. Subject to the approval by the Governor, the Council may use funds under IDEA Part C to: Conduct hearings and forums; Reimburse members of the Council for reasonable and necessary expenses for attending Council meetings and performing Council duties, including child care for parent representatives; Pay compensation to a member of the Council if the member is not employed or must forfeit wages from other employment when performing official Council business; Hire staff; Obtain the services of professional, technical, and clerical personnel as may be necessary to carry out the performance of its functions under Part C of the Act; and Provide for interpreters for persons who are deaf and other necessary services for Council members and participants. Except as provided in §F(1) of this regulation, Council members must serve without compensation from funds available under Part C of the Act. Designation of Local Lead Agency. 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. The local governing authorities may agree to designate a single local lead agency for two or more jurisdictions. Local Interagency Agreements. 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. Local interagency agreements shall include: Assignment of financial responsibility for early intervention services; 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); 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); 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 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. Consolidated Local Implementation Grant (CLIG). 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: The use of funds requirements, consistent with 34 CFR §303.501; and The payor of last resort requirements, consistent with 34 CFR §303.510. 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. 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. Public Awareness. 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: A description of the child find system; A description on how to refer a child younger than 3 years old for an evaluation or early intervention services; Preparation and dissemination of information to all primary referral sources; and 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. 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. Screening. Each local lead agency may adopt written policies and procedures. 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. 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. Data Collection. The local lead agency shall: Develop procedures for collecting and compiling data from all appropriate service providers for preparation of reports required by the Department; 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 Submit the data at the time and in the manner specified by the Department. Supervision, Monitoring and Enforcement. Each local lead agency shall: Submit financial and other written reports at the time and in the manner specified by the Department; Participate in periodic desk audits and on-site monitoring visits conducted by the Department; and Comply with enforcement actions required by the Department. 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: The contents of the application; The conditions of contract; and Other arrangements, if applicable. 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. Delivery of Services in a Timely Manner. 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. Service providers shall implement procedures in §M of this regulation. Notice of Availability of Programs. 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. 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. Local Interagency Coordinating Council (LICC). 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. 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. Education Article, §8-416, Annotated Code of MarylandFederal Regulatory Reference: 34 CFR 99, 300, 303 Effective date: August 5, 2013 (40:15 Md. R. 1232)