Page:United States Statutes at Large Volume 118.djvu/2779

 118 STAT. 2749 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(11) A policy pertaining to the contracting or making of other arrangements with service providers to provide early intervention services in the State, consistent with the provisions of this part, including the contents of the application used and the conditions of the contract or other arrangements. ‘‘(12) A procedure for securing timely reimbursements of funds used under this part in accordance with section 640(a). ‘‘(13) Procedural safeguards with respect to programs under this part, as required by section 639. ‘‘(14) A system for compiling data requested by the Sec retary under section 618 that relates to this part. ‘‘(15) A State interagency coordinating council that meets the requirements of section 641. ‘‘(16) Policies and procedures to ensure that, consistent with section 636(d)(5)— ‘‘(A) to the maximum extent appropriate, early inter vention services are provided in natural environments; and ‘‘(B) the provision of early intervention services for any infant or toddler with a disability occurs in a setting other than a natural environment that is most appropriate, as determined by the parent and the individualized family service plan team, only when early intervention cannot be achieved satisfactorily for the infant or toddler in a natural environment. ‘‘(b) POLICY.—In implementing subsection (a)(9), a State may adopt a policy that includes making ongoing good faith efforts to recruit and hire appropriately and adequately trained personnel to provide early intervention services to infants and toddlers with disabilities, including, in a geographic area of the State where there is a shortage of such personnel, the most qualified individuals available who are making satisfactory progress toward completing applicable course work necessary to meet the standards described in subsection (a)(9). ‘‘(c) FLEXIBILITY TO SERVE CHILDREN 3 YEARS OF AGE UNTIL ENTRANCE INTO ELEMENTARY SCHOOL.— ‘‘(1) IN GENERAL.—A statewide system described in section 633 may include a State policy, developed and implemented jointly by the lead agency and the State educational agency, under which parents of children with disabilities who are eligible for services under section 619 and previously received services under this part, may choose the continuation of early intervention services (which shall include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills) for such children under this part until such children enter, or are eligible under State law to enter, kindergarten. ‘‘(2) REQUIREMENTS.—If a statewide system includes a State policy described in paragraph (1), the statewide system shall ensure that— ‘‘(A) parents of children with disabilities served pursu ant to this subsection are provided annual notice that contains— ‘‘(i) a description of the rights of such parents to elect to receive services pursuant to this subsection or under part B; and

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