POLICY LETTER: July 25, 2005 to Dear Colleague RESCINDED

rior to expenditure of funds under this paragraph [section 611(e)(1) concerning funds for State administration], the State shall certify to the Secretary that the arrangements to establish responsibility for services pursuant to section 612(a)(12)(A) are current. (emphasis added) Section 612(a)(12)(A) of the IDEA requires that the Chief Executive Officer [or his or her designee] of a State ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency described in subparagraph (B) [any public agency responsible under Federal or State law or assigned responsibility by State policy or under subparagraph (A) to provide or pay for services that are considered special education and related services under the IDEA] and the State educational agency, in order to ensure that all services needed to provide a free appropriate public education (FAPE) are provided. These mechanisms must include: (1) identification of, or a method to define the financial responsibility of, each agency providing services that are needed to ensure FAPE, with the financial responsibility of the non-education agencies preceding the financial responsibility of the education agencies; (2) conditions, terms, and procedures under which local educational agencies will be reimbursed by other agencies; (3) procedures for resolving interagency disputes for reimbursement and to settle other disputes; and (4) policies and procedures for agencies to determine and identify interagency coordination responsibilities to promote timely service delivery. Section 611(e)(1)(C) took effect July 1, 2005; section 612(a)(12)(A) has been in the statute since 1997.Several States have informed us that they do not have some or all of their needePage PAGE 2 Dear Colleague

rior to expenditure of funds under this paragraph [section 611(e)(1) concerning funds for State administration], the State shall certify to the Secretary that the arrangements to establish responsibility for services pursuant to section 612(a)(12)(A) are current. (emphasis added) Section 612(a)(12)(A) of the IDEA requires that the Chief Executive Officer [or his or her designee] of a State ensure that an interagency agreement or other mechanism for interagency coordination is in effect between each public agency described in subparagraph (B) [any public agency responsible under Federal or State law or assigned responsibility by State policy or under subparagraph (A) to provide or pay for services that are considered special education and related services under the IDEA] and the State educational agency, in order to ensure that all services needed to provide a free appropriate public education (FAPE) are provided. These mechanisms must include: (1) identification of, or a method to define the financial responsibility of, each agency providing services that are needed to ensure FAPE, with the financial responsibility of the non-education agencies preceding the financial responsibility of the education agencies; (2) conditions, terms, and procedures under which local educational agencies will be reimbursed by other agencies; (3) procedures for resolving interagency disputes for reimbursement and to settle other disputes; and (4) policies and procedures for agencies to determine and identify interagency coordination responsibilities to promote timely service delivery. Section 611(e)(1)(C) took effect July 1, 2005; section 612(a)(12)(A) has been in the statute since 1997.Several States have informed us that they do not have some or all of their needePage PAGE 2 Dear Colleague