Page:United States Statutes at Large Volume 111 Part 1.djvu/90

 Ill STAT. 66 PUBLIC LAW 105-17—JUNE 4, 1997 \ agency fails to provide or pay for the special education and related services described in clause (i), the local educational agency (or State agency responsible for developing the child's lEP) shall provide or pay for such services to the child. Such local educational agency or State agency may then claim reimbursement for the services from the public agency that failed to provide or pay for such services and such public agency shall reimburse the local educational agency or State agency pursuant to the terms of the interagency agreement or other mechanism described in subparagraph (A)(i) according to the procedures established in such agreement pursuant to subparagraph (A)(ii). "(C) SPECIAL RULE. —The requirements of subparagraph (A) may be met through— "(i) state statute or regulation; "(ii) signed agreements between respective agency officials that clearly identify the responsibilities of each agency relating to the provision of services; or "(iii) other appropriate written methods as determined by the Chief Executive Officer of the State or designee of the officer. "(13) PROCEDURAL REQUIREMENTS RELATING TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY. —The State educational agency will not make a final determination that a local educational agency is not eligible for assistance under this part without first affording that agency reasonable notice and an opportunity for a hearing. " (14) COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOP- MENT. —The State has in effect, consistent with the purposes of this Act and with section 635(a)(8), a comprehensive system of personnel development that is designed to ensure an adequate supply of qualified special education, regular education, and related services personnel that meets the requirements for a State improvement plan relating to personnel development in subsections (b)(2)(B) and (c)(3)(D) of section 653. "(15) PERSONNEL STANDARDS. — "(A) IN GENERAL. —The State educational agency has established and maintains standards to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained. "(B) STANDARDS DESCRIBED.—Such standards shall— "(i) be consistent with any State-approved or Staterecognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services; "(ii) to the extent the standards described in subparagraph (A) are not based on the highest requirements in the State applicable to a specific profession or discipline, the State is taking steps to require retraining or hiring of personnel that meet appropriate professional requirements in the State; and "(iii) allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with State law, regulations, or written policy.

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