Md. Code Regs. 10.09.52.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.09.52.03 - Conditions for Participation for Autism Waiver Service Coordination Providers

A. General requirements for participation in the Program are that a provider shall:

(1) Meet all the conditions for participation as set forth in COMAR 10.09.36; and

(2) If delivering services via telehealth, comply with COMAR 10.09.49 and any subregulatory guidance issued by the Department.

B. IEP service coordination providers shall:

(1) Be an agency within the State that:

(a) Operates programs with special education and related services for children with disabilities, in accordance with COMAR 13A.05.01, and

(b) Is eligible to receive, through MSDE, funding from Assistance to States for the Education of Children with Disabilities under Part B of the Individuals with Disabilities Education Act;

(2) Convene or participate on an IEP team or teams, in accordance with COMAR 13A.05.01

(3) Designate specific, qualified individuals as service coordinators, and verify their credentials for providing the services covered under this chapter;

(4) Be knowledgeable of the eligibility requirements and application procedures of federal, State, and local government assistance programs which are applicable to participants;

(5) Maintain a file on each participant which meets the Program's requirements which shall include:

(a) Copies of the participant's IEP with any revisions;

(b) Written parental consent to initiate services covered under this chapter;

(c) Written parental consent prior to accessing the student's public benefits or insurance the first time, and annually thereafter, in accordance with 34 CFR § 300.154(d)(2);

(d) Approval from a participant's parent of the participant's IEP before implementation of the IEP service coordination; and

(e) A record of IEP service coordination encounters including:

(i) A brief description of the service;

(ii) The location;

(iii) The name of the contact (parent/guardian or student);

(iv) The date of the service; and

(v) The IEP service coordinator's printed name and signature; and

(6) Employ or have under contract qualified personnel who convene or participate on IEP teams, convene or participate on multidisciplinary teams as necessary, and develop participants' IEPs

C. IEP Service Coordinator Requirements.

(1) An IEP service coordinator shall:

(a) Be employed by or under contract with a provider;

(b) Be identified by the IEP team;

(c) Participate with the IEP team in the development or revision of a participant's IEP and in the IEP review;

(d) Assist the participant in gaining access to the services recommended in the IEP; and

(e) Collect and synthesize evaluation reports and other relevant information about a participant that might be needed by an IEP team.

(2) An IEP service coordinator shall have the following qualifications and be a:

(a) Professional who has a current license or certification, in accordance with §C(3) of this regulation, in the profession most immediately relevant to a participant's needs; or

(b) Nonprofessional who meets the requirements in §C(4) of this regulation.

(3) A professional who is chosen as a participant's service coordinator shall meet the following licensing or certification requirements, as appropriate, and be:

(a) An audiologist licensed pursuant to COMAR 10.41.03.03 and certified pursuant to COMAR 13A.12.03.09;

(b) A guidance counselor with at least a master's degree and certified pursuant to COMAR 13A.12.03.02;

(c) A professional counselor licensed to practice in accordance with Health Occupations Article, Title 17, Annotated Code of Maryland;

(d) A registered nurse licensed pursuant to Health Occupations Article, Title 8, Annotated Code of Maryland;

(e) An occupational therapist licensed pursuant to Health Occupations Article, Title 10, Annotated Code of Maryland;

(f) A physical therapist licensed pursuant to Health Occupations Article, Title 13, Annotated Code of Maryland;

(g) A psychologist with at least a master's degree in psychology and certified pursuant to COMAR 13A.12.03.08;

(h) A pupil personnel worker with at least a master's degree and certified pursuant to COMAR 13A.12.03.04;

(i) A social worker licensed at the master's level as a licensed certified social worker or licensed graduate social worker, pursuant to Health Occupations Article, Title 19, Annotated Code of Maryland;

(j) A speech-language pathologist:

(i) With at least a master's degree in speech pathology; or

(ii) Certified pursuant to COMAR 13A.12.03.09 or licensed pursuant to Health Occupations Article, Title 2, Annotated Code of Maryland;

(k) An education professional who is:

(i) Certified as a teacher pursuant to COMAR 13A.12.02; or

(ii) Certified as an administrator or supervisor pursuant to COMAR 13A.12.04.

(4) A nonprofessional who is chosen as a participant's service coordinator shall meet the following requirements:

(a) Have at least a high school diploma or the equivalent;

(b) Have demonstrated training or experience in providing IEP service coordination to students with disabilities; and

(c) Participate in ongoing IEP service coordination training offerings as specified in the interagency plan for special education services.

Md. Code Regs. 10.09.52.03

Regulations.03 adopted as an emergency provision effective June 17, 1993 (20:14 Md. R. 1165); adopted permanently effective September 27, 1993 (20:19 Md. R. 1472)
Regulations.03 amended as an emergency provision effective March 23, 1998 (25:8 Md. R. 595); amended permanently effective June 29, 1998 (25:13 Md. R. 993):
Regulations.03 amended effective July 1, 2001(28:12 Md. R. 1107)
Regulation .03 amended as an emergency provision effective July 1, 2002 (30:1 Md. R. 23); amended permanently effective March 3, 2003 (30:4 Md. R. 316)
Regulation .03B amended effective 40:20 Md. R. 1652, eff.10/14/2013 ; amended effective 43:6 Md. R. 407, eff.3/28/2016; amended effective 50:22 Md. R. 973, eff. 11/13/2023