Page:United States Statutes at Large Volume 118.djvu/2714

 118 STAT. 2684 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(A) ESTABLISHING RESPONSIBILITY FOR SERVICES.—The Chief Executive Officer of a State or designee of the officer shall ensure that an interagency agreement or other mecha nism for interagency coordination is in effect between each public agency described in subparagraph (B) and the State educational agency, in order to ensure that all services described in subparagraph (B)(i) that are needed to ensure a free appropriate public education are provided, including the provision of such services during the pendency of any dispute under clause (iii). Such agreement or mechanism shall include the following: ‘‘(i) AGENCY FINANCIAL RESPONSIBILITY.—An identi fication of, or a method for defining, the financial responsibility of each agency for providing services described in subparagraph (B)(i) to ensure a free appro priate public education to children with disabilities, provided that the financial responsibility of each public agency described in subparagraph (B), including the State medicaid agency and other public insurers of children with disabilities, shall precede the financial responsibility of the local educational agency (or the State agency responsible for developing the child’s IEP). ‘‘(ii) CONDITIONS AND TERMS OF REIMBURSEMENT.— The conditions, terms, and procedures under which a local educational agency shall be reimbursed by other agencies. ‘‘(iii) INTERAGENCY DISPUTES.—Procedures for resolving interagency disputes (including procedures under which local educational agencies may initiate proceedings) under the agreement or other mechanism to secure reimbursement from other agencies or other wise implement the provisions of the agreement or mechanism. ‘‘(iv) COORDINATION OF SERVICES PROCEDURES.— Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services described in subparagraph (B)(i). ‘‘(B) OBLIGATION OF PUBLIC AGENCY.— ‘‘(i) IN GENERAL.—If any public agency other than an educational agency is otherwise obligated under Federal or State law, or assigned responsibility under State policy pursuant to subparagraph (A), to provide or pay for any services that are also considered special education or related services (such as, but not limited to, services described in section 602(1) relating to assistive technology devices, 602(2) relating to assistive technology services, 602(26) relating to related services, 602(33) relating to supplementary aids and services, and 602(34) relating to transition services) that are necessary for ensuring a free appropriate public edu cation to children with disabilities within the State, such public agency shall fulfill that obligation or responsibility, either directly or through contract or

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