Section 2070.65 Monitoring

Section 500

TITLE 23: EDUCATION AND CULTURAL RESOURCES

SUBTITLE A: EDUCATION

CHAPTER XI: DEPARTMENT OF EARLY CHILDHOOD

PART 2070 EARLY INTERVENTION PROGRAM

SECTION 2070.65 MONITORING

Section 2070.65  Monitoring

a)         The Department, or its designee, will conduct comprehensive

on-site monitoring visits at the regional intake entities.  Other visits may

occur at any time.  Desk reviews may also be performed and families may be

interviewed.  The regional intake entities shall help the Department or its designee

in obtaining representative family interviews.

b)         The Department or its designee will prepare a written report

of its findings that shall be sent to the regional intake entity.  The report

shall identify issues of non-compliance and may make recommendations about

other areas of concern.

c)         The regional intake entity shall send a corrective action plan

to the Department or its designee within 30 days after receipt of the report,

proposing timelines for addressing each compliance issue.

d)         The Department or its designee will approve, within 14 days, an

acceptable corrective action plan and timelines and may make follow-up visits

as necessary to determine progress and compliance as soon as possible and in no

case later than one year after the lead agency's identification of

noncompliance.

e)         If the corrective action plan is not acceptable to the

Department, it may within 14 days provide a reasonable plan and timelines, and

make follow-up visits as necessary to determine progress and compliance as soon

as possible and in no case later than one year after the lead agency's

identification of noncompliance.

f)         In addition to any other rights the Department may have under

contract with the regional intake entity the Department may suspend the

contract, or withhold or suspend payments to the regional intake entity due to

noncompliance with this Part and with Part C

and compliance as soon

as possible and in no case later than one year after the lead agency's

identification of noncompliance.

f)         In addition to any other rights the Department may have under

contract with the regional intake entity the Department may suspend the

contract, or withhold or suspend payments to the regional intake entity due to

noncompliance with this Part and with Part C.  Suspensions and holds may be

lifted upon completion of, or demonstration of satisfactory progress towards,

satisfactory corrective action.  If an acceptable corrective action plan is not

submitted in the required timeframe or the terms of the corrective action plan

are not met by the provider, the Department may terminate the contract.  This

Section does not preclude the Department from exercising any rights it may have

under its contract with the regional intake entity.

g)         The Department or its designee may also visit and review

records of individual providers within the area to assure compliance with applicable

laws, regulations and Service Provider Agreements.  Visits may occur at any

time.  The Department may withhold or suspend payments to the provider for

noncompliance with this Part or with Part C, as set forth in the Service

Provider Agreement.

h)         The Department or its designee may also submit written reports

to individual providers regarding provider non-compliance and issues of

concern. Technical assistance will be provided as necessary.

i)          Providers receiving such reports shall submit a corrective

action plan within 30 days proposing timelines for addressing issues of

compliance.  The Department or its designee shall follow subsections (d) and

s designee may also submit written reports

to individual providers regarding provider non-compliance and issues of

concern. Technical assistance will be provided as necessary.

i)          Providers receiving such reports shall submit a corrective

action plan within 30 days proposing timelines for addressing issues of

compliance.  The Department or its designee shall follow subsections (d) and

(e) if necessary regarding the provider.

j)          In addition to other rights the Department may have, it may

terminate its Service Provider Agreement with a provider due to non-compliance

with this Part, and arrange for the provision of services to eligible children

by other providers.  This Section does not preclude the Department from

exercising any rights it may have under the Service Provider Agreement.

k)         The time frames set forth in this Section shall not preclude

the Department from taking action immediately, if necessary, to protect the

public interest, safety and welfare or to prevent ongoing violation of federal

and State laws or threat of such violation.  Nothing contained in this Section

shall preclude the Department from taking action even if the provider is taking

or has taken corrective action.