Interagency Agreement. 20 USC 1412(a)(12).
This is an agreement that the Dept. of Elementary and Secondary Education and The Executive Office of Health and Human Services, must ensure has been created with all public agencies concerning the children of the state in which they reside.
This agreement assures that all agencies are on the same page as it relates to student’s with disabilities. That means, services, supports, and/or placements. All agencies must agree to comply with IDEA. The state must all ensure that each agency has provided a Plan that details how services, supports, and/or placements will be provided. There are no such Plans on record since the inception of 20 USC 1412(a)(12) at the Dept of Elementary and Secondary Education in Massachusetts.
The agencies are the Dept. of Elementary and Secondary Education (DESE), Dept. of Mental Health (DMH) Dept. of Children and Families(DCF), Dept. of Youth Services (DYS), Executive Office of Health and Human Services (EOHHS), Dept. of Public Health (DPH), Dept. of Developmental Disabilities (DDS), etc.
In order for the DESE to receive federal special education funds, they must comply with 20 USC 1412(a)(12). Massachusetts has not and is currently ignoring this crucial piece of law protecting student’s with disabilities no matter where they reside within the state, even in a state agency, even if they are in DYS custody, i.e. detained or committed.
Without this agreement the state agencies, including the DESE is denyng Free Appropriate Public Education (FAPE) to every student in the state that may be in the custody of the state.
This agreement coordinates services, supports, and placements that may be necessary to a student with a disability and clearly outlines each state agency’s obligation to a student with a disability pursuant to IDEA
Massachusetts has not had such an agreement since 1988. The favorite term/phrase used by DESE is that the agreement has fallen into disuse. They think that’s ok, “its fallen into disuse”, that’s just another way of saying, yup we are breaking the law and we don’t care, cause we are still getting the funds from the feds.
There is also a coordinating federal regulation that speaks directly to the Obligation of Public Agency, educational and noneducational and their duty to students with disabilities in their custody and that is being ignored as well.
It is my belief and opinion that the reason for this is 1) they do it because they can, they are never reported and 2) even when it is reported it almost takes an act of Congress to force the state to comply.
You can help by contacting the appropriate authorities, the DESE Commissioner 781-338-3300, Marcia Mittnaucht, State Sped Director 781-338- 3388 Massachusetts Board of Education 781-338-3102, or Office Of Special Education Programs 1-800-872-5327 or submit your questions to OSEP directly.
