11 Pa. Stat. § 875-304

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 875-304 - Administration by Department of Education
(a) Overall responsibility.--
(1) Subject to the provisions of this subsection, the Department of Education shall be responsible for the delivery of early intervention services for all eligible young children between three years of age and the age of beginners.
(2) Eligible young children who receive early intervention services and who have attained the minimum age of admission to the school district kindergarten program under section 503 of the act of March 10, 1949 (P.L. 30, No. 14), known as the Public School Code of 1949, shall be included in the school district's membership and entitled to the same subsidies and funding requirements under Article XXV of the Public School Code of 1949 as any kindergarten pupils. School districts and intermediate units that provide transportation for any eligible young child to any early intervention program shall be eligible for the purpose of reimbursement of transportation costs under sections 2509.1 and 2541 of the Public School Code of 1949.
(3) From the funds appropriated to the Department of Education for the purposes of this act, the department shall provide for the delivery of early intervention services for all eligible young children not receiving services provided in school district kindergarten programs. The department may provide for the delivery of some or all of such services through mutually agreed-upon written arrangements. An intermediate unit or school district may provide for some or all of such services through subcontracts with other public or private agencies which comply with the regulations and standards developed under this act. An intermediate unit or school district shall be responsible for the delivery of early intervention services only to the extent to which the intermediate unit or school district agrees to provide the services through mutually agreed-upon written arrangements with the department. Mutually agreed-upon written arrangements for services for eligible young children in approved district kindergarten programs shall pay for all early intervention services not subsidized under paragraph (2). Each intermediate unit, school district or other public or private provider which enters into such written arrangements with the department shall assure the department annually that the service provider is in compliance with the Commonwealth's regulations and standards.
(4) The department shall provide for the programs of eligible young children who are not eligible for services provided in school district kindergarten programs and who are placed in approved private schools or chartered schools pursuant to the provisions of section 1376 or 1376.1 of the Public School Code of 1949 from the State funds appropriated to the department for special education in approved private schools. The department shall provide only for the excess costs for eligible young children who are eligible for services provided in school district kindergarten programs and who are placed in approved private schools or chartered schools pursuant to the provisions of section 1376 or 1376.1 of the Public School Code of 1949 from the State funds appropriated to the department for special education in approved private schools.
(b) Federal benefits.--Nothing in this act shall preclude medical or other assistance available under Title V or XIX of the Social Security Act ( Public Law 74-271, 42 U.S.C. § 701 et seq. or § 1396 et seq.) or any other benefits available under Federal law.
(c) Public welfare.--The Secretary of Education shall provide for the transition of eligible children, including handicapped infants and toddlers, who, prior to their third birthday, received services under Part H. The Secretary of Education is authorized to accept responsibility pursuant to delegation from the Secretary of Public Welfare under section 303(c) for providing early intervention services to children less than three years of age. The Secretary of Education is authorized to delegate responsibility to the Secretary of Public Welfare for providing services for certain children over the age of three.
(d) Use of funds.--From the sum of State funds appropriated to the Department of Education for this act, the department shall use 2% to 4% of the appropriation for personnel training and program technical assistance.

11 P.S. § 875-304

1990, Dec. 19, P.L. 1372, No. 212, § 304.