K - 001 How can a Head Start program plan to meet the
requirements of full enrollment and making 10% enrollment opportunities
available to children with disabilities?
K - 002 By what
point in the program year must we demonstrate that we have made 10% enrollment
opportunities available to children with disabilities?
K - 003 Would a Head Start child with an active IEP
for speech and language services need to participate in developmental screening,
along with all other children entering in the Fall?
K - 004 Is it appropriate for a kindergarten-eligible
child with a disability to stay in Head Start an additional year?
K - 005 Are there enrollment opportunities for an
"over-income" family with a child with a disability to participate in Head Start
or Early Head Start?
K - 006 Do disabled children
from families not in poverty count against the 10% limitation on the number of
“over-income” children that can be served in any Head Start program? (American
Indian and Alaska Native programs may, in certain situations, enroll up to 49%
of their children from families not meeting the income eligibility
requirements.)
K - 007 What is the relationship
between the 10% limit on enrollment of over-income families and the requirement
to make at least 10% of enrollment opportunities available for children with
disabilities?
K - 008 Is there a Head Start
requirement that the person conducting screening for children’s language
development be a certified speech and language pathologist?
K - 009 Is there a requirement that Head Start accept
children who are not potty trained?
K - 010 In
reporting the number of children with disabilities enrolled in our Head Start
program, can we count a child who has not been formally evaluated and does not
have an Individualized Education Program (IEP)? For example, may we count an
enrolled child whose pediatrician recommended Head Start enrollment due to
general concerns about the child’s social development?
K - 011 Do the Head Start transportation regulations
apply to providing transportation for enrolled children to special services such
as speech therapy?
K - 012 May a Head Start program
accept the enrollment of a child with a disability or special health need and
delay their attendance at the program center until the program can collect
necessary information from medical or early intervention providers on how to
accommodate the child’s special needs and assure the health and safety of the
child?
K - 013 Can a child who is eligible for kindergarten
attend Head Start half-day while attending kindergarten the other half of the
day?
K - 014 Many Early Head Start programs include some
number of pregnant women as part of their total enrollment. Are these enrollment
slots included when determining the program’s compliance with the 10%
disabilities requirement?
K - 015 Can two children share a
slot (i.e. one child attends Head Start for three days a week and the other
child for the remaining two days)? Would it be appropriate for a classroom to
have more than 20 children on its roster if the schedule were planned so that
there were never more than 20 children in the classroom at the same
time?
K - 016 Is Head Start considered a "parentally-placed
elementary school" under IDEA 2004? If the Head Start program is in a different
county or school district than the child lives, which school district is
responsible for evaluating the child? Which school district is responsible for
providing FAPE?
K - 017 Our program uses a
standardized developmental screening instrument which is developed to begin for
children at 4 months. We have not been able to locate a screening tool for use
with children under 3 months of age. Are we required to screen children who are
younger than 4 months of age?
K - 018 If our program does not
provide transportation to one of our sites for children without disabilities,
must we provide transportation to that site for children with
disabilities?
K - 019 If a home-based option
is the only Head Start service option our program provides to children and
families in a geographic area, must we accommodate parents of children with
disabilities from that area who request that services for their child be
provided in a center-based program? Our program has no problem meeting the
requirement for 10% special needs.
K - 020 What is the
legal and/or financial responsibility of the LEA for IDEA/Part C identified
children enrolled in Head Start when Head Start funds are used to pay for
special services? Is Head Start due reimbursement for identified children from
the LEA Special Education department for services provided with Head Start
funds?
K - 021 I am a speech therapist providing services to
a Head Start center through the local school district. Our special education
staff has been told that we cannot pull children out of the classroom for
services at all. All children must receive their special education services in
the classroom. Is this correct?
K - 022 I understand Head Start
enrolls some preschool-age children who use diapers. What are the sanitation
regulations for changing older children in diapers? Are there limits on the
number of diapered children per classroom, and what is the teacher ratio per
diapered children in an early childhood classroom setting?
K - 023 If transportation is not listed as a "related
service" on a child’s IEP, must a program provide transportation for that child
when he or she resides in an area where the program does not typically provide
transportation?
K - 024 As a disabilities
coordinator, I am very involved in ensuring that each child with an IEP has a
"disabilities file". Are there any regulations on what needs to be in that file
and which documents must be on site, i.e. evaluations IEPs, etc.?
K - 025 If the Head Start agency’s service plan is
written comprehensively enough to include all procedures that are required by
the Performance Standards and other state and federal guidelines, is it still
necessary to develop a separate disability service plan?
K - 026 Are there any performance standards that
address prohibiting a child that has behavioral and safety concerns from
attending field trips?
K - 001 How can a Head Start program plan to meet the requirements of full enrollment and making 10% enrollment opportunities available to children with disabilities?
OHS – PC – K - 001How can a Head Start program plan to meet the requirements of full enrollment and making 10% enrollment opportunities available to children with disabilities?
This Policy Clarification is currently under review.
K - 002 By what point in the program year must we demonstrate that we have made 10% enrollment opportunities available to children with disabilities?
OHS – PC – K - 002By what point in the program year must we demonstrate that we have made 10% enrollment opportunities available to children with disabilities?
This Policy Clarification is currently under review.
K - 003 Would a Head Start child with an active IEP for speech and language services need to participate in developmental screening, along with all other children entering in the Fall?
OHS – PC – K - 003Would a Head Start child with an active IEP for speech and language services need to participate in developmental screening, along with all other children entering in the Fall?
No. This child has already been screened and determined to have a disability requiring special education and/or related services. The child is now having those needs addressed, and his progress continuously assessed, by a speech and language professional, as provided for in an IEP.
Informal Guidance
July 11, 2006
Revised May 09, 2007
K - 004 Is it appropriate for a kindergarten-eligible child with a disability to stay in Head Start an additional year?
OHS – PC – K - 004Is it appropriate for a kindergarten-eligible child with a disability to stay in Head Start an additional year?
An additional year in Head Start may be an appropriate placement for a kindergarten-eligible child with a disability if this decision is supported by the parent and the IEP team. However, this should be an infrequent event, designed to meet the individual needs of a child and consistent with the recommendations of the IEP team including, of course, the parent/guardian.
This situation requires a close look to assure that it represents a sincere effort to individualize for a specific child and does not encourage routinely delaying kindergarten enrollment for Head Start children with disabilities. There should be a clear rationale offered for the placement in terms of benefits to the child's development.
Parents should be presented with a clear choice of viable options, i.e., a description of how the kindergarten placement would be structured in comparison to an additional Head Start year. Parents should recognize that they have the right to revisit their decision for Head Start placement during the next school year. They have the right to reopen the IEP at any time and may wish to plan for reconsideration at regular intervals. The LEA must be continuously involved in creating a carefully individualized placement. Also, careful consideration must be given to the fact that by providing one child in Head Start an extra year, an opening for another child in the community is made unavailable.
Informal Guidance
K - 005 Are there enrollment opportunities for an "over-income" family with a child with a disability to participate in Head Start or Early Head Start?
OHS – PC – K - 005Are there enrollment opportunities for an "over-income" family with a child with a disability to participate in Head Start or Early Head Start?
This Policy Clarification is currently under review.
K - 006 Do disabled children from families not in poverty count against the 10% limitation on the number of “over-income” children that can be served in any Head Start program? (American Indian and Alaska Native programs may, in certain situations, enroll up to 49% of their children from families not meeting the income eligibility requirements.)
OHS – PC – K - 006Do disabled children from families not in poverty count against the 10% limitation on the number of “over-income” children that can be served in any Head Start program? (American Indian and Alaska Native programs may, in certain situations, enroll up to 49% of their children from families not meeting the income eligibility requirements.)
Any child, irrespective of whether or not the child has a disability, from families not meeting Head Start’s income eligibility requirements must be counted as an “over-income” child and, as such, part of the up to 10% of “over-income” children that each Head Start program may enroll.
Requirement
45 CFR 1305.4 (b) (1)
July 11, 2006
K - 007 What is the relationship between the 10% limit on enrollment of over-income families and the requirement to make at least 10% of enrollment opportunities available for children with disabilities?
OHS – PC – K - 007What is the relationship between the 10% limit on enrollment of over-income families and the requirement to make at least 10% of enrollment opportunities available for children with disabilities?
This Policy Clarification is currently under review.
K - 008 Is there a Head Start requirement that the person conducting screening for children’s language development be a certified speech and language pathologist?
OHS – PC – K - 008Is there a Head Start requirement that the person conducting screening for children’s language development be a certified speech and language pathologist?
No. Screening procedures can usually be conducted by persons who are trained to administer a specific screening instrument and are experienced working with young children. The training needed to successfully administer a standardized screening instrument will be described in the instrument’s administration manual.
The purpose of screening is to identify any children who may require a closer look at their development through formal evaluation. Formal evaluations, however, must be conducted by certified or licensed professionals; speech and language pathologists would likely evaluate a child whose screening results indicated language concerns.
Informal Guidance
May 01, 2007
K - 009 Is there a requirement that Head Start accept children who are not potty trained?
OHS – PC – K - 009Is there a requirement that Head Start accept children who are not potty trained?
Yes. A child’s need of toilet training cannot be the basis for denying enrollment to a child for whom Head Start is an appropriate placement. Since requiring that children be toilet-trained upon Head Start enrollment would prevent many children most in need of Head Start services from enrolling, programs should not deny enrollment to any child based on toileting skills.
Requirement
45 CFR 1304.22 (b) (2); 45 CFR 1304.22 (e) (5); 45 CFR 1308.4 (c)
May 22, 2007
K - 010 In reporting the number of children with disabilities enrolled in our Head Start program, can we count a child who has not been formally evaluated and does not have an Individualized Education Program (IEP)? For example, may we count an enrolled child whose pediatrician recommended Head Start enrollment due to general concerns about the child’s social development?
OHS – PC – K - 010In reporting the number of children with disabilities enrolled in our Head Start program, can we count a child who has not been formally evaluated and does not have an Individualized Education Program (IEP)? For example, may we count an enrolled child whose pediatrician recommended Head Start enrollment due to general concerns about the child’s social development?
No, you would not report this child as a child with a disability, given the very general information you now have about his needs. However, given concerns expressed by his physician, your program should follow its screening and referral procedures and would likely refer this child for formal evaluation to determine if he does have a disability requiring special education and related services.
A multidisciplinary team, as described in 45 CFR 1308.6.e.5, provides evaluation results and "its professional opinion that the child does or does not need special education and related service… Only children whom the evaluation team determines need special education and related services may be counted as children with disabilities."
In Head Start regulations 45 CFR 1305.2.a and 1308.3.b, children with disabilities are defined as those determined to have a condition (e.g. mental retardation, hearing impairments, etc.) and "who, by reason thereof, need special education and related services."
The IEP serves to document that a Head Start child has a disability requiring special education or related services. As stated in 45 CFR 1308.19.b, "Every child receiving services in Head Start who has been evaluated and found to have a disability and in need of special education must have an IEP before special education and related services are provided to ensure that comprehensive information is used to develop the child's program."
In conclusion, Head Start children with disabilities must:
- have received a formal evaluation by a multidisciplinary team,
- been found to need special education and related services, and
- have an Individualized Education Program (IEP).1
1For Early Head Start and Migrant/Seasonal Head Start programs, infants and toddlers with disabilities are identified by the Part C/Early Intervention program in their state and have Individualized Family Service Plans (IFSPs).
Requirement
45 CFR 1308.6 (e) (5); 1305.2 (a); 1308.3 (b); 1308.19(b)
June 12, 2007
K - 011 Do the Head Start transportation regulations apply to providing transportation for enrolled children to special services such as speech therapy?
OHS – PC – K - 011Do the Head Start transportation regulations apply to providing transportation for enrolled children to special services such as speech therapy?
Yes. Head Start programs that provide transportation to special services at regularly scheduled times and at pre-arranged sites must comply with the Head Start transportation regulations, including the use of bus monitors and child restraint systems , unless there is an approved waiver in place. Transportation to special services is included in the definition of Transportation Services. (See 45CFR Part 1310.3). Each agency must specify any special transportation requirements for a child with a disability when preparing the child's Individual Education Plan (IEP) or Individual Family Service Plan (IFSP), and ensure that in all cases special transportation requirements in a child's IEP or IFSP are followed. (See 45CFR Part 1310.22).
Requirement
45 CFR 1310.3; 1310.22
June 12, 2007
K - 012 May a Head Start program accept the enrollment of a child with a disability or special health need and delay their attendance at the program center until the program can collect necessary information from medical or early intervention providers on how to accommodate the child’s special needs and assure the health and safety of the child?
OHS – PC – K - 012May a Head Start program accept the enrollment of a child with a disability or special health need and delay their attendance at the program center until the program can collect necessary information from medical or early intervention providers on how to accommodate the child’s special needs and assure the health and safety of the child?
In exceptional cases, a brief delay from the time of acceptance to attendance may be appropriate if the multidisciplinary team and/or health professional recommend this as necessary to make accommodations needed to reduce or eliminate significant risks to the child’s health or safety. For a child with an Individualized Education Program (IEP), that document should specify the projected date services will begin, including any services to be provided while the program prepares for the child’s program attendance. The program should work with service providers and the family to promptly obtain and apply the information needed to support the child’s successful attendance in the program. Programs should document the recommendations of the multidisciplinary team and/or health professionals and the schedule of activities the program undertook to make necessary accommodations promptly.
Informal Guidance
July 3, 2007
K - 013 Can a child who is eligible for kindergarten attend Head Start half-day while attending kindergarten the other half of the day?
OHS – PC – K - 013Can a child who is eligible for kindergarten attend Head Start half-day while attending kindergarten the other half of the day?
In general, such an arrangement would not be acceptable. Head Start regulations at 45 CFR Part 1305.7 speaks of serving a Head Start child "until kindergarten ... is available for that child in the child’s community…" While there is some discretion in how this requirement is implemented for a child with a disability, in all other situations it means that once a child is able to attend a kindergarten program in the child’s community, that child should no longer be enrolled in Head Start. A child with a disability may be considered for dual enrollment if such an arrangement is supported by the child’s IEP and the Head Start program and the child’s parents believe such an arrangement is appropriate.
Informal Guidance
September 17, 2007
K - 014 Many Early Head Start programs include some number of pregnant women as part of their total enrollment. Are these enrollment slots included when determining the program’s compliance with the 10% disabilities requirement?
OHS – PC – K - 014Many Early Head Start programs include some number of pregnant women as part of their total enrollment. Are these enrollment slots included when determining the program’s compliance with the 10% disabilities requirement?
Yes. All enrollment slots should be included when making a determination of how many children with disabilities a program should have enrolled.
Informal Guidance
September 26, 2007
K - 015 Can two children share a slot( i.e. one child attends Head Start for three days a week and the other child for the remaining two days)? Would it be appropriate for a classroom to have more than 20 children on its roster if the schedule were planned so that there were never more than 20 children in the classroom at the same time?
OHS – PC – K - 015Can two children share a slot( i.e. one child attends Head Start for three days a week and the other child for the remaining two days)? Would it be appropriate for a classroom to have more than 20 children on its roster if the schedule were planned so that there were never more than 20 children in the classroom at the same time?
In general, such a practice would be neither developmentally appropriate nor consistent with the requirements of 45 CFR 1306.32. Most children enrolled in Head Start are expected to participate in the full schedule of Head Start classroom activities offered. The only reference to a shared enrollment slot in the Head Start Program Performance Standards occurs in 45 CFR 1308.4(j)(4) which requires programs to plan their services so they could accommodate reduced schedules prescribed by individualized education programs (IEPs) for some children with disabilities.
In these special circumstances, it may be allowable to have more than 20 children on a classroom’s roster if, consistent with the provisions of 1306.36, the program requests and receives approval of a waiver. Such a waiver request should be submitted to your OHS Regional Office.
However, programs are not required to develop shared slots when children’s IEPs require part-time participation in a classroom. It is acceptable for an enrollment slot to be regarded as fully occupied by a child whose IEP calls for a part-time classroom schedule, recognizing that programs will often expend additional staff time to implement such individualized schedules.
Informal Guidance
October 10, 2007
K - 016 Is Head Start considered a "parentally-placed elementary school" under IDEA 2004? If the Head Start program is in a different county or school district than the child lives, which school district is responsible for evaluating the child? Which school district is responsible for providing FAPE?
OHS – PC – K - 016Is Head Start considered a "parentally-placed elementary school" under IDEA 2004? If the Head Start program is in a different county or school district than the child lives, which school district is responsible for evaluating the child? Which school district is responsible for providing FAPE?
These questions pertain to the regulations for the Individuals with Disabilities Education Act (IDEA, 2004) which are published by the U.S. Department of Education. The Department provides resources related to IDEA and its regulations at http://idea.ed.gov. For questions about an individual state’s policies and procedures on implementing IDEA, the following website links to the State Lead Agencies implementing IDEA for preschool children: http://www.nectac.org/contact/contactsurl.asp?gc=102
Informal Guidance
October 10, 2007
K - 017 Our program uses a standardized developmental screening instrument which is developed to begin for children at 4 months. We have not been able to locate a screening tool for use with children under 3 months of age. Are we required to screen children who are younger than 4 months of age?
OHS – PC – K - 017Our program uses a standardized developmental screening instrument which is developed to begin for children at 4 months. We have not been able to locate a screening tool for use with children under 3 months of age. Are we required to screen children who are younger than 4 months of age?
For infants too young to be screened using standardized instruments, you may wait until the age when the first screening can be reliably conducted. However, in the meantime your program should, in collaboration with the parents, communicate with the child’s health providers to determine if any developmental concerns have been identified in initial well child care visits. If so, the program should not wait for the child to reach the minimum age to complete the standardized screening, but should work with the family and health provider to communicate the identified concerns to the local agency responsible for early intervention services under PART C of the Individuals with Disabilities Education Act (IDEA). This is particularly relevant for newborns who have a "condition of established risk", which is a "diagnosed physical or mental condition which has a high probability of resulting in developmental delay", e.g., "chromosomal abnormalities; genetic or congenital disorders; severe sensory impairments, …" etc. (see 34 CFR 303.16). Children in this category are eligible for services under Part C of IDEA regardless of whether a delay can yet be measured.
Informal Guidance
October 10, 2007
K - 018 If our program does not provide transportation to one of our sites for children without disabilities, must we provide transportation to that site for children with disabilities?
OHS – PC – K - 018If our program does not provide transportation to one of our sites for children without disabilities, must we provide transportation to that site for children with disabilities?
When a child’s participation in Head Start is part of their Individualized Education Program (IEP), the IEP should include transportation as a related service if transportation is necessary to enable the child’s participation (45CFR 1308.4(o)(5). Head Start funds may be used to provide this transportation, even if this service is not typically provided to children at that site. The local education agency (LEA) responsible for assuring free and appropriate public education (FAPE) must assure that services outlined in the IEP are provided, and this LEA may also provide or support the transportation costs. The general responsibilities and resources for providing transportation to a child with a disability enrolled in Head Start should be addressed in your program’s local interagency disabilities services agreement with your LEA partner. Head Start regulations require programs to plan their collaboration with LEAs so that children with disabilities enrolled in Head Start will receive services they need (1308.4.h.6).
Requirement
45 CFR 1308.4 (o) (5); 1308.4 (h) (6)
October 10, 2007
K - 019 If a home-based option is the only Head Start service option our program provides to children and families in a geographic area, must we accommodate parents of children with disabilities from that area who request that services for their child be provided in a center-based program? Our program has no problem meeting the requirement for 10% special needs.
OHS – PC – K - 019If a home-based option is the only Head Start service option our program provides to children and families in a geographic area, must we accommodate parents of children with disabilities from that area who request that services for their child be provided in a center-based program? Our program has no problem meeting the requirement for 10% special needs.
In the situation described, if a child with a disability is enrolled or seeking enrollment in that program and is determined to need special education services provided in a center-based setting, then the Head Start program is not required to create a center-based option for that child nor transport the child to a center outside of their service area. The Head Start program should work with the family and the local education agency (LEA) responsible for assuring a free and appropriate public education (FAPE) in that area to identify the most appropriate placement. If appropriate, the child could continue to receive home-based services from Head Start program coordinated with the center-based services secured by the LEA.
Informal Guidance
October 10, 2007
K - 020 What is the legal and/or financial responsibility of the LEA for IDEA/Part C identified children enrolled in Head Start when Head Start funds are used to pay for special services? Is Head Start due reimbursement for identified children from the LEA Special Education department for services provided with Head Start funds?
OHS – PC – K - 020What is the legal and/or financial responsibility of the LEA for IDEA/Part C identified children enrolled in Head Start when Head Start funds are used to pay for special services? Is Head Start due reimbursement for identified children from the LEA Special Education department for services provided with Head Start funds?
Head Start programs must make available, directly or in cooperation with other agencies, services in accordance with an individualized education program (IEP) for an enrolled child with a disability. Programs may secure these services using Head Start funds. Allowable Head Start expenditures for this purpose are described in 45 CFR 1308.4(o); Head Start programs are not required to pay (or reimburse) for all of the special services for Head Start children with disabilities.
Under the Individuals with Disabilities Education Act (IDEA), local education agencies (LEAs) must assure the provision of a free appropriate public education (FAPE) for children with disabilities, including those enrolled in Head Start, who need special education and related services. While LEAs will often directly provide many of the required special services, the LEA is not required to provide them all. The IDEA stresses the role of multiple agencies, including Head Start, and assumes that some resources from these agencies will be available to serve children collaboratively.
The Head Start program is one of several sources for supporting special education and related services for young children with disabilities. The Head Start program's disability service plan and its interagency agreement with LEAs and other community resources should describe plans for resource and cost sharing and specify responsibilities wherever possible.
Requirement
45 CFR 1308.4 (o)
October 10, 2007
K - 021 I am a speech therapist providing services to a Head Start center through the local school district. Our special education staff has been told that we cannot pull children out of the classroom for services at all. All children must receive their special education services in the classroom. Is this correct?
OHS – PC – K - 021I am a speech therapist providing services to a Head Start center through the local school district. Our special education staff has been told that we cannot pull children out of the classroom for services at all. All children must receive their special education services in the classroom. Is this correct?
Head Start programs are expected to work with their local education agency (LEA) partners to support children with disabilities receiving services in the least restrictive environment. Accordingly, many children’s Individualized Education Program (IEP) will call for speech therapy services to be provided in the Head Start classroom, with Head Start teachers receiving guidance from therapists on how to practice and reinforce, within daily classroom routines, the speech and language skills addressed in the IEP. Children with disabilities enrolled in Head Start receive special education and related services according to plans outlined in their Individualized Education Programs. Head Start regulations would not prohibit children receiving special services outside of the classroom if that is required by their IEPs.
Informal Guidance
November 20, 2007
K - 022 I understand Head Start enrolls some preschool-age children who use diapers. What are the sanitation regulations for changing older children in diapers? Are there limits on the number of diapered children per classroom, and what is the teacher ratio per diapered children in an early childhood classroom setting?
OHS – PC – K - 022I understand Head Start enrolls some preschool-age children who use diapers. What are the sanitation regulations for changing older children in diapers? Are there limits on the number of diapered children per classroom, and what is the teacher ratio per diapered children in an early childhood classroom setting?
The Head Start Program Performance Standards (45 CFR 1304.22(e)(5) require agencies to adopt sanitation and hygiene procedures for diapering; these procedures should be appropriate for the children served. The performance standards do not outline adult-to-child ratio requirements that apply when preschool children in classrooms require special assistance with toileting, including diapering. Programs must design and implement an approach that ensures staff have the time and training needed to conduct diapering properly. If the level of toileting/diapering assistance required significantly impacts the adult supervision needed in the classroom, then adaptations in staffing assignments may be a necessary modification. (Programs must also determine whether any child care regulations in their state regarding additional requirements may apply based upon child care regulations in their state.)
45 CFR 1304.22(e)(5)--Grantee and delegate agencies must adopt sanitation and hygiene procedures for diapering that adequately protect the health and safety of children served by the program and staff. Grantee and delegate agencies must ensure that staff properly conducts these procedures.
45 CFR 1308.4(c) The plan must include provisions for children with disabilities to be included in the full range of activities and services normally provided to all Head Start children and provisions for any modifications necessary to meet the special needs of the children with disabilities.
Requirement
45 CFR 1304.22(e)(5); 45 CFR 1308.4(c)
December 13, 2007
K - 023 If transportation is not listed as a "related service" on a child’s IEP, must a program provide transportation for that child when he or she resides in an area where the program does not typically provide transportation?
OHS – PC – K - 023If transportation is not listed as a "related service" on a child’s IEP, must a program provide transportation for that child when he or she resides in an area where the program does not typically provide transportation?
If a child with a disability needs transportation to the Head Start program to receive services required by the IEP, then this transportation must be provided by either the Head Start program or the local education agency. Such transportation can be provided by Head Start regardless of whether it is included on the IEP. In some instances, a local education agency will not provide this transportation unless it is listed as a related service on the IEP. (See related item OHS – PC – L – 020).
Requirement
45 CFR 1308.4 (o) (5)
January 7, 2008
K - 024 As a disabilities coordinator, I am very involved in ensuring that each child with an IEP has a "disabilities file". Are there any regulations on what needs to be in that file and which documents must be on site, i.e. evaluations IEPs, etc.?
OHS – PC – K - 024As a disabilities coordinator, I am very involved in ensuring that each child with an IEP has a "disabilities file". Are there any regulations on what needs to be in that file and which documents must be on site, i.e. evaluations IEPs, etc.?
45 CFR 1304.51(g) requires that a program’s record-keeping systems “provide accurate and timely information regarding children, families, and staff and must ensure appropriate confidentiality of this information.” Head Start regulations do not specify required contents of files for children with disabilities; however, documents needed to individualize services should be readily accessible to staff with responsibilities to plan, implement, and monitor individualized services for enrolled children with disabilities. There may be specific requirements on the content and accessibility of child records in State regulations governing special education and related services; consult with your local education agency (LEA) partner on how you can support their compliance with those requirements.
Informal Guidance
April 29, 2008
K - 025 If the Head Start agency’s service plan is written comprehensively enough to include all procedures that are required by the Performance Standards and other state and federal guidelines, is it still necessary to develop a separate disability service plan?
OHS – PC – K - 025If the Head Start agency’s service plan is written comprehensively enough to include all procedures that are required by the Performance Standards and other state and federal guidelines, is it still necessary to develop a separate disability service plan?
The plan for disabilities services may be integrated into your program’s comprehensive plan for services across all program areas in accordance with 45 CFR 1304.51(a)(1)(iii). However, the comprehensive plan must address all of the disabilities service plan requirements listed under 45 CFR 1308.4(e)-(o); and in accordance with 45 CFR 1308.4(d), the agency must use the relevant parts of the plan as a working document that guides all aspects of the agency's effort to serve Head Start children with disabilities. Agencies are reminded that the 45 CFR 1308 requirements apply to Head Start programs, but do not apply to Early Head Start programs.
Requirement
45 CFR 1304.51(a)(1)(iii); 45 CFR 1308.4(d)-(o)
July 1, 2008
K - 026 Are there any performance standards that address prohibiting a child that has behavioral and safety concerns from attending field trips?
OHS – PC – K - 026Are there any performance standards that address prohibiting a child that has behavioral and safety concerns from attending field trips?
There are no performance standards prohibiting children who present behavioral and safety concerns from attending a field trip. If a child has recognized difficulties with social behavior, your mental health professional (and special education partner if this is a child with an identified disability) should be working with you to identify and implement the appropriate modifications and supports that can enable this child to participate in the full range of program activities, including field trips. When appropriate, programs may also consider adding more adults to assist during the field trip.
Informal Guidance
July 15, 2008
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