Okla. Stat. tit. 70, § 70-13-124

programs and activities receiving federal and state funds -

Continuation of certain existing services - Coordination of

financial resources - Restricted use of monies.

A. The State Department of Education is hereby designated as

the lead agency for general administration, supervision and

monitoring of programs and activities receiving federal funds under

Part C of the Individuals with Disabilities Education Act (IDEA) and

state funds appropriated for early intervention services. To ensure

compliance with Part C of the Individuals with Disabilities

Education Act (IDEA) and its implementing regulations, the State

Department of Education is authorized to monitor and enforce any

obligations imposed on agencies participating under Part C of the

IDEA.

Oklahoma Statutes - Title 70. Schools Page 628

B. In accordance with Part C of the Individuals with

Disabilities Education Act (IDEA), the State Department of Education

shall administer the Interagency Coordinating Council for Early

Childhood Intervention which shall advise and assist the lead agency

in fulfillment of its responsibilities.

C. The State Department of Education, the State Department of

Health, the Department of Human Services, the Department of Mental

Health and Substance Abuse Services and other publicly funded

services shall continue to provide all services within their

respective statutory and constitutional responsibilities to the

eligible population except as otherwise provided in Section 13-101

of this title. State and local interagency agreements will

delineate responsibility for local and regional procedural

safeguards, provision of service and related issues. Funds provided

for implementation of the Oklahoma Early Intervention Act, Sections

13-121 through 13-129 of this title, shall not be used to satisfy a

financial commitment for services which would have been paid for or

provided by another public or private source, but shall be utilized

solely for the enactment of Part C of the Individuals with

Disabilities Education Act (IDEA) and the Oklahoma Early

Intervention Act. Such funds may be used whenever considered

necessary to prevent delay in the receipt of appropriate early

intervention services by the infant or toddler or family in a timely

fashion. Funds provided for implementation of the Oklahoma Early

Intervention Act may be used to pay the provider of services pending

reimbursement from the agency which has the ultimate responsibility.

D. Pursuant to the requirements of Part C of the Individuals

with Disabilities Education Act (IDEA), all financial resources from

federal, state, local and private sources shall be coordinated to

fund early intervention services. In order to determine the most

effective utilization and achieve coordination, a joint funding plan

shall be submitted to the Governor, the Speaker of the House of

Representatives, and the Senate President Pro Tempore by the State

Department of Education, the State Department of Health, the

Department of Human Services and the Department of Mental Health and

Substance Abuse Services on or before October 1. The individual

components of such plan as they relate to individual agencies shall

be incorporated annually into each affected agency's budget request

in accordance with the provisions of Section 34.36 of Title 62 of

the Oklahoma Statutes. Such plan shall include, but not be limited

to:

1. Utilization of State Aid funds appropriated to the State

Board of Education for the purpose of providing early intervention

services or provided pursuant to the State Aid Formula for special

education services and related services to children with

disabilities;

Oklahoma Statutes - Title 70. Schools Page 629

2. Publicly funded personnel and programs in the State

Department of Education, the State Department of Health, the

Department of Human Services and the Department of Mental Health and
ding early intervention

services or provided pursuant to the State Aid Formula for special

education services and related services to children with

disabilities;

Oklahoma Statutes - Title 70. Schools Page 629

2. Publicly funded personnel and programs in the State

Department of Education, the State Department of Health, the

Department of Human Services and the Department of Mental Health and

Substance Abuse Services who are currently serving the eligible

population;

3. Feasibility of utilization of federal Title V funds;

4. Utilization of new state funds as may be appropriated by the

Legislature for fiscal year 1990 for the purpose of early

intervention, and of additional new funds needed to fully implement

early intervention services in accordance with the State of

Oklahoma's implementation of Part C of the Individuals with

Disabilities Education Act (IDEA);

5. Amendments to expansion of the Medicaid State Plan to

include early intervention services for eligible children utilizing

state funds designated for early intervention for the purpose of

matching federal funds;

6. Feasibility of application for federal funds appropriated

pursuant to P.L. 89-313; and

7. Utilization of funds received under Part C of the

Individuals with Disabilities Education Act (IDEA).

E. The State Department of Education, the State Department of

Health, the Department of Human Services and the Department of

Mental Health and Substance Abuse Services shall be authorized to

transfer funds enumerated in subsection D of this section to the

Oklahoma Early Intervention Revolving Fund created in Section 13-

124.1 of this title to the extent that transfers of such funds are

authorized by and directed to the fund by the joint funding plan of

the Oklahoma Early Intervention Act or by state or federal law.

F. Monies appropriated to an affected agency and monies

identified in the joint funding plan for the purpose of providing

early intervention services shall be used by the agency exclusively

for the purpose of providing early intervention services.

G. For purposes of implementing the provisions of the Oklahoma

Early Intervention Act, the board of education of any school

district in this state may execute an agreement with a city/county

health department or county health department to share appropriate

facilities.