Page:United States Statutes at Large Volume 118.djvu/2715

 118 STAT. 2685 PUBLIC LAW 108–446—DEC. 3, 2004 other arrangement pursuant to subparagraph (A) or an agreement pursuant to subparagraph (C). ‘‘(ii) REIMBURSEMENT FOR SERVICES BY PUBLIC AGENCY.—If a public agency other than an educational 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 IEP) shall provide or pay for such services to the child. Such local educational agency or State agency is authorized to 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 edu cational agency or State agency pursuant to the terms of the interagency agreement or other mechanism described in subparagraph (A)(i) according to the proce dures established in such agreement pursuant to subparagraph (A)(ii). ‘‘(C) SPECIAL RULE.—The requirements of subpara graph (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 deter mined by the Chief Executive Officer of the State or designee of the officer and approved by the Secretary. ‘‘(13) PROCEDURAL REQUIREMENTS RELATING TO LOCAL EDU CATIONAL 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) PERSONNEL QUALIFICATIONS.— ‘‘(A) IN GENERAL.—The State educational agency has established and maintains qualifications to ensure that personnel necessary to carry out this part are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities. ‘‘(B) RELATED SERVICES PERSONNEL AND PARAPROFES SIONALS.—The qualifications under subparagraph (A) include qualifications for related services personnel and paraprofessionals that— ‘‘(i) are consistent with any State approved or State recognized 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) ensure that related services personnel who deliver services in their discipline or profession meet the requirements of clause (i) and have not had certifi cation or licensure requirements waived on an emer gency, temporary, or provisional basis; and ‘‘(iii) allow paraprofessionals and assistants who are appropriately trained and supervised, in accord ance with State law, regulation, or written policy, in

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