Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 15 - Curriculum and Instruction › Subchapter 13 - Special Education › Section 210:15-13-3 - Special education assurances and certifications (Part C)

Current through Vol. 41, No. 20, July 1, 2024
(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) ].