• General
• 01 Right to Education
• 02 Opportunity Goal
• 03 Identification
• 04 Eval and Elig
• 05 IEP
• 06 Placement LRE
• 07 Safeguards
• 08 Confidentiality
• 09 Transition
• 10 Private Schools
• 11 Gen Supervision
• 12 Pers Standards
• 13 Ensuring Services
• 14 Goals
• 15 Assessment
• 16 Susp/Expulsion
• 17 Use of Funds
• 18 State Advisory
• 19 Pub. Participation

SECTION XIII: ENSURING SERVICES

Policy Statement

The ROP MOE exercises general supervisory authority for all educational programs conducted in the Republic for infants, toddlers, children, and youth with disabilities from birth through 21 years of age by any public or private agency. The MOE currently has cooperative agreements with the MOH, the Palau Head Start Program and the Ministry of Justice. The required interagency agreements are revised and updated periodically to conform with local needs and IDEA ’04 requirements. Implementation Procedures

A. The ROP Minister of Education ensures that interagency agreements shall contain all of the necessary elements to comply with Federal requirements including:

1. A description of the role each agency plays in providing or paying for services for children and youth with disabilities to ensure FAPE.

2. Clear definitions of the financial responsibility, conditions, terms and procedures under which the MOE must be reimbursed by other agencies.

3. A mechanism for resolving interagency disputes among the agencies that are parties to the agreements so that MOE may initiate proceedings to ensure reimbursement from other agencies otherwise responsible for services or otherwise implement the provisions of the agreement.

4. Policies and procedures for agencies to determine and identify the interagency coordination responsibilities of each agency to promote the coordination and timely and appropriate delivery of services.

Obligation of Non-Educational Public Agencies.

B. If any other public agency, other than the MOE, is otherwise obligated under Federal or Republic law to provide or pay for any services that are also considered special education or related services necessary for ensuring FAPE to children with disabilities, that agency must fulfill that responsibility either directly or through contract or other arrangement.

If the public agency fails to provide or pay for such special education or related services, then the MOE shall provide or pay for these services to the child in a timely manner. The MOE may then claim reimbursement from the other public agency in accordance with the terms of the interagency agreement. The following procedures are being followed:

1. Ministry personnel negotiate interagency agreements (Memoranda of Understanding). Directors have appointed designees for the purpose of developing the required interagency agreements through a established Interagency Coordinating Council.

2. Legal counsel is made available from the Attorney General.

3. Current interagency documents are in place and are reviewed and updated as needed.