SECTION 210:15-13-3. Special education assurances and certifications (Part C)

(a)   Assurance statements. The State Department of Education (SDE), as lead agency, makes the following assurances and provisions as required by Part C of the Individuals with Disabilities Education Improvement Act [20 U.S.C. 1401-1418]. Additionally, the SDE assures that all policies and procedures regarding early intervention adhere to all pertinent Oklahoma State laws [70 O.S. § 13-121 through 129, 70 O.S. Supp. 1991 § 13-124]

(1)   Funds received under Part C will be used by the SDE to plan, develop and implement the statewide system of early intervention services [20 U.S.C. 1473].

(2)   The SDE will:

(A)   provide reports containing information that the Secretary may require, and

(B)   keep records and afford access to those records as the Secretary may find necessary to assure the correctness and verification of reports and proper disbursement of funds provided under Part C [20 U.S.C. 1478 (b) (4)].

(3)   The control of Federal funds made available under Part C and title to property acquired with those funds is in a public agency for the uses and purposes provided by Part C and a public agency administers the funds and property [20 U.S.C. 1478 (b) (3)].

(4)   Federal funds made available under Part C will not be commingled with State funds [20 U.S.C. 1478 (b) (5) (A)].

(5)   Federal funds made available under Part C will be used to supplement and increase the level of State and local funds expended for infants and toddlers with disabilities and their families and in no case to supplant such State and local funds [20 U.S.C. 1478 (b) (5) (B)].

(6)   Fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid under Part C [20 U.S.C. 1478 (b) (6)].

(7)   The SDE will not use its Part C funds to satisfy a financial commitment for services which would have been paid for from another public or private source but for the enactment of Part C except that whenever considered necessary to prevent a delay in the timely provision of services to an eligible child or family, the Part C funds may be used to pay the provider of services, pending reimbursement from the agency which has the ultimate responsibility for the payment [20 U.S.C. 1481].

(8)   The SDE will not construe anything in Part C to reduce medical or other assistance available or to alter eligibility under Title V of the Social Security Act (relating to Maternal and Child Health) or Title XIX of the Social Security Act (relating to Medicaid) within the State [20 U.S.C. 1481].

(9)   Federal funds paid to the SDE under Part C for developing a statewide early intervention system will be expended in accordance with the provisions of Part C [20 U.S.C. 1478 (b) (1)].

(b)   General State application. The SDE provides assurances that it will comply with the provisions contained in 34 CFR 76.101.

(c)   Certification. In accordance with 34 CFR 76.104, the SDE assures:

(1)   That the Plan is submitted by the state agency that is eligible to submit the Plan.

(2)   That the SDE has authority under State law to perform the functions of the State under the program.

(3)   That the SDE legally may carry out each provision of the Plan.

(4)   That all provisions of the Plan are consistent with State Law.

(5)   That a State Officer, specified by title in the certification, has authority under State law to receive, hold and disburse Federal funds made available under the Plan.

(6)   That the State Officer who submits this plan, specified by title in the certification, has authority to submit the plan.

(7)   That the agency that submits the Plan has adopted or otherwise formally approved the Plan.

(8)   That the Plan is the basis for SDE operation and administration of the program.

(d)   Right to early intervention services policy statement.

(1)   The SDE, as lead agency, reaffirms the continuing commitment of the State to uphold the civil right of every eligible child with a disability (0-3) of access to appropriate early intervention services.

(2)   The SDE, as lead agency, is responsible for the general administration, supervision and monitoring of programs and activities receiving federal funds under Part C of the Individuals with Disabilities Education Improvement Act and state funds appropriated for the Oklahoma Early Intervention Act. To ensure compliance with Part C as amended and its implementing regulations, the SDE is authorized to monitor and enforce any obligations imposed on agencies participating in accordance with 70 O.S. Supp. 1991 § 13-124 and related policies and procedures.

[Source: Added at 9 Ok Reg 45, eff 10-12-91 (emergency); Added at 9 Ok Reg 1815, eff 5-26-92; Amended at 24 Ok Reg 1889, eff 6-25-07]