A child is determined eligible for ECI services by an interdisciplinary team if the child is under three years of age and:

• has a medically diagnosed physical or mental condition that has a high probability of resulting in developmental delay;
• is delayed in one or more of the following areas of development: cognitive, motor, communication, social-emotional, or adaptive skills;
• or who exhibits atypical development, including children with auditory or visual impairment (Examples of atypical development may include: increased or decreased muscle tone, irregular patterns of language or cognition; problematic emotional or social patterns)

Children are ineligible for services beginning on their third birthday.

An infant or toddler is eligible for EHS/MSHS services, if the infant or toddler is from a low-income family and the family meets the criteria for the target population as identified by the Policy Council of the local grantee. Once enrolled in EHS, an infant/toddler remains enrolled until age 3. In MSHS a child can remain enrolled until age 5. EHS/MSHS is mandated to make at least 10% of its enrollment opportunities available to infants and toddlers with disabilities. Infants and toddlers with disabilities are those from birth to three years as identified under the Part C program in their state. EHS programs may continue services for some months after a child turns three.

Each EHS/MSHS program is funded for a finite number of enrollment slots. EHS/MSHS programs must maintain the funded enrollment level that is established in their grant award. Homeless and foster care children, as well as families receiving public assistance, are automatically eligible.

Guidance:

NOTE: ECI is federally mandated to locate, identify, and provide earlv intervention services for all eligible children and families: therefore every child who is determined eligible for ECI services receives services with parental consent. EHS/MSHS are funded enrollment programs, therefore, even if a child is found eligible for EHS/MSHS services, if all enrollment slots are filled, they are not required to provide direct services.

Children are eligible to participate in both the EHS/MSHS and ECI programs if they meet the eligibility for both programs, including those children whose families meet the definition of Migrant agricultural worker under the Head Start Performance Standards. Children who meet the eligibility for the ECI program but do not meet the income eligibility for the EHS/MSHS program, may only be served if the local EHS/MSHS Policy Council has approved the selection criteria. Eligibility for over-income is defined by each program's Policy Council and will vary from program to program. The programs must follow their established criteria.

When a child is referred to ECI, specific nutrition, auditory, vision, and assistive technology screenings must be administered by trained personnel as part of the intake process to assist in planning evaluation and assessment. Developmental screenings are optional and may be used by programs to determine potential eligibility or to assist in planning evaluation and assessment.

ECI Policies 3.3, 3.4, 3.4.2, 3.4.3, 3.4.4, 3.4.5 34 CFR 33.303, 33.320

EHS must screen all EHS enrolled children within 45 days of entry. MSHS must screen all MSHS enrolled children within 30 days of entry if the program operates less than 90 days and within 45 days if the program operates more than 90 days. Completion of all screenings within 30 days continues to be encouraged because of the movement of families in the migrant population. Screening is done to identify concerns regarding a child's developmental, visual, auditory, behavioral, motor, language, social, cognitive, perceptual, and emotional skills and to identify children who need to be referred for more formal assessments.

MSHS must participate in the decision to train MSHS staff to conduct developmental screenings. All developmental screening information will be shared with parental consent, but the MSHS program may not conduct additional developmental screenings if a screening has occurred in accordance with the MSHS requirements. Head Start Program Performance Standards 45CFR1304.20(b)(1)

Guidance:

Guidance:
ECI and EHS/MSHS programs should work together to create a complementary screening process. When making referrals to ECI, EHS/MSHS should, with parental consent, share the results of all EHS/MSHS screenings to avoid duplication. EHS/MSHS programs can use ECI screening results to meet their screening requirements. In the collaborative process, ECI programs may choose to conduct developmental screenings for Child Find purposes or may train EHS/MSHS staff in administering developmental, hearing, vision, and nutrition screenings. It is advised that all screenings be conducted in an environment familiar to the child.

ECI receives referrals for evaluation from a variety of community sources. ECI has the responsibility of providing primary referral sources with information on ECI and the Two-Day Rule. ECI must, within the timelines specified in ECI policy, complete a comprehensive, interdisciplinary team assessment and evaluation to determine ECI eligibility and to assist in planning appropriate services.

If concerns about a child's development are identified at any point during the EHS/MSHS enrollment, screening, or ongoing assessment process, EHS/MSHS must refer the child with parent consent, promptly to ECI within the timelines mandated by federal and state law

EHS/MSHS staff must support families in the ECI referral and evaluation process by helping them gather preliminary information and developmental observations as well as assist them in understanding the process and results of assessment.

Guidance:
When making a referral to ECI, EHS/MSHS must contact parents to discuss their concerns and the availability of ECI services. It is important to obtain parental consent prior to making the referral to ECI. It is recommended that EHS programs obtain consent for release of any screening information to the ECI program, which may assist in determining eligibility for ECI services. In addition the EHS program should obtain consent from the parents in order to ensure EHS participation in the assessment and IFSP process.

An interdisciplinary team including parents must complete ECI evaluations and assessments. ECI and EHS/MSHS programs are encouraged to include EHS/MSHS staff as members of the assessment and evaluation team. With parental consent, initial and ongoing evaluation and assessment information should be shared between ECI and EHS/MSHS programs. ECI programs are encouraged to complete evaluations of children in MSHS programs within 30 days because migrant agricultural workers will be moving from community to community. Programs are encouraged to provide copies of records to families when they move from one service area to another in order to facilitate prompt access to services in the new area.

ECI must provide service coordination services for alt eligible children and maintain documentation of these activities. Each child and family must be assigned a service coordinator at the time of intake who acts as a single point of contact. A new service coordinator may be assigned, as appropriate, at the time the Individual Family Service Plan is developed. Families must be given the opportunity to participate in the selection of the service coordinator as a part of the IFSP Team Process. The service coordinator must be from the profession most relevant to the child's/family's needs or be qualified otherwise to carry out all applicable responsibilities. A new service coordinator must be appointed if a parent so requests.

The service coordinator is responsible for coordinating all services within the program across agency lines, and with families, and to partner with the EHS service coordinator to ensure that family needs are identified and addressed. Some of these responsibilities include:

• Coordinating the performance of evaluations and assessments;
• Facilitating and participating in development, review, and evaluation of the IFSP;
• Monitoring the provision of services to ensure timely delivery of services;
• Facilitating the development of a transition plan;
• Coordinating with medical and health providers and monitoring the well-check and immunization periodic schedule.
• Addressing the needs of the family and their ongoing requests for information and services;
• Helping the family identify resources to meet their needs, and to assist the family in choosing among and accessing those resources;
• Providing the family with information regarding advocacy services;
• Informing families of complaint procedures when appropriate; and
• Assisting the family in continually identifying and accessing services within their community that enable them to participate fully in their natural environments.

EHS/MSHS must engage in a process of collaborative partnership building with parents to establish mutual trust and to identify family goals, strengths, and necessary services and other supports. This process must be initiated as early after enrollment as possible and it must take into consideration each family's readiness and willingness to participate in the process.

EHS/MSHS must:

• Promptly refer to the local ECI to coordinate any needed evaluations and determine eligibility for Part C services;
• Participate in the development of an IFSP with ECI and avoid duplication or conflict with the IFSP;
• Support parent participation in the IFSP development process;
• Assure that EHS/MSHS services support the attainment of the goals of the IFSP;
• Track the provision of health care services;
• Participate in and support efforts for a smooth and effective transition for children who, at age 3, will need to be considered for services for preschool age children;
• Work collaboratively with all participating parents to identify and continually access, either directly or through referrals, services and resources that are responsive to each family's interests and goals, including:
  • Comprehensive prenatal and postpartum care;
  • Emergency or crisis assistance;
  • Education and other appropriate interventions on issues such as substance abuse, child abuse and neglect, and domestic violence;
  • Family Literacy; and
  • Continuing Education and Employment Training;
• Help make a determination as to whether or not each child has a source of continuous, accessible, coordinated care that serves as a "medical home."
• Obtain a determination as to whether a child is up-to-date on a schedule of age appropriate preventative and primary health care that includes medical, dental nutrition and mental health.
• Support parents in their parenting roles and provide them with opportunities to participate in the development of the program's curriculum and approach to child development and education;
  Provide medical, dental, nutrition, and mental health education programs for parents;
• Assist parents in becoming their children's advocate; and
• Provide families with comprehensive information about community resources.

Families are given continuing opportunities to express their preferences and concerns, in order to help identify the resources they bring, as well as the resources and service options they need to address their concerns. For MSHS programs of short duration (90 days or less), service coordination begins within 30 days of entering into the MSHS program.

Head Start Program Performance Standards 45 CFR 1304.40(a)(1)(iii)&(iv); 1304.20(a)(2);1304.20(c)(4);1304.40;1304.20(f)(2);1304.40(a)(3);1304.21

Guidance:
ECI and EHS/MSHS will each designate a person who will serve as each organization's service coordination contact for the family (Within ECI, this is the Service Coordinator). The particular position(s) that carry out the EHS/MSHS (Family Services Coordinator, Family Advocate, etc.) responsibilities vary by program based on the local organizational structure. Each EHS/MSHS program must assure that family and community partnership services and parent involvement services are provided that link families to necessary services and supports and assist them in advocating and decision-making for all areas of their child and family's life. It is strongly recommended that the EHS/MSHS Coordinator remain consistent throughout the family's enrollment serving as their single point of contact for the organization.

Working as a Team in conjunction with families, the ECI Service Coordinator and EHS/MSHS designated staff will provide Service Coordination that will be complementary, effective, and responsive to family needs. Recognizing that each child and family has unique and varying needs that shift over time, ECI and EHS/MSHS will assign and adjust duties so as to capitalize on the strengths of each organization.

The Individualized Family Service Plan (FSP) must be written within the timelines specified in ECI policy in a face to face meeting of the interdisciplinary team which includes the parents. The IFSP must:

• be jointly coordinated with other service providers,
• be based on multiple sources of information
• be conducted in settings and at times convenient to families and in the native language or mode of communication of the family

The IFSP must include:

• a summary of health/medical history and all assessments and evaluations to include assessments of child's functioning in his/her natural environments.
• a description of assistive technology needed
• a description of the child's strengths and needs in each of the developmental areas
• a statement of major outcomes and strategies
• Procedures to determine progress
• a list of the services necessary to enhance the development of the child and the child's ability to function in his/her natural environment
• Frequency, intensity, location, and method of delivering services
• the name of the service coordinator
• dates for starting services
• a plan for transitioning when the child leaves the program
• method of payment for all services identified in the IFSP
• a list, with the family's permission, of services needed to enhance the family's capacity to meet their child's needs.

Interim IFSP
With informed parental consent, early intervention services may start before evaluation and assessment is completed. An interim IFSP must be developed before services begin. Interim services can include immediate services to family members. Immediate child services must be recommended in writing by a physician. The interim IFSP must be developed by the parent, service coordinator(s) and ECI Program Director. The interim IFSP must include the name of the service coordinator(s), the early intervention services determined to be needed by the child and family, and must be coordinated with other agencies and persons as needed.

EHS/MSHS must initiate with every family, as early as possible, the opportunity to develop an Individualized Family Partnership Agreement. The Agreement must:

• take into consideration each family's readiness and willingness to participate
• support parents in the context of their family and culture, to identify family goals, to nurture the development of their children, and to identify strengths and necessary services and other supports.

The Agreement must describe family goals, responsibilities, timetables and strategies for achieving goals and measuring progress.

When a child is determined to be eligible for Part C Services, EHS/MSHS must:

• participate in the development of an with the local Part C agency and avoid duplication or conflict with the IFSP.
• support parent participation in the IFSP development process
• assure that EHS/MSHS services support the attainment of the goals in the IFSP
• be inclusive of children with disabilities consistent with the IFSP
• assist with the provision of related services addressing health concerns in accordance with the IFSP

ECI Policy 3.5, 3.6, 3.11
34 CFR 303.342, 303.344

Head Start Program Performance Standards
45 CFR 1304.20(a){1 )(ill) & (iv);
1304.20(a)(2);1304.20(c)(4);
1304.40; 1304.20(f)(2); 1304.40(a)(3); 1304.21

Guidance:
When ECI and EHS/MSHS jointly serve a child, a collaborative IFSP will be developed which includes the ECI required elements as well as the EHS/MSHS service areas required in the Family Partnership Agreement. Required ECI services, whether delivered by ECI or EHS/MSHS staff, should be listed on the IFSP Service Grid. All services not in the ECI array of services should be listed under "Other Services." (For a list of ECI services see "Service Delivery" section of this Agreement.) The intent is to develop one document that meets the needs of the child and family and satisfies the requirements of both programs. Following the ECI IFSP process, EHS/MSHS staff will collaboratively participate as members of the interdisciplinary IFSP team. Team members must determine the best person to assist the family in implementing the strategies developed to achieve the outcomes. In areas where both ECI and EHS/MSHS have responsibility, the team should maximize the array of services available to the child and family while ensuring in the IFSP that ECI and EHS/MSHS services are complementary, effective and responsive to family needs. The IFSP should specify the roles and responsibilities of ECI and EHS/MSHS. When agreed upon by the IFSP Team, EHS/MSHS staff who meet ECI Personnel Requirements (See ECI Policy 3.6 and 3.11 and MOU Section on Personnel Standards) may provide early intervention services as indicated on the IFSP.

For children enrolled in MSHS, ECI programs are encouraged to complete the IFSP within 30 days of referral. When a follow-up plan is developed by MSHS (which must be developed by MSHS within 30 days of enrollment), ECI will be invited to develop the follow-up plan as an interim IFSP in coordination with MSHS. Programs will provide copies of records to families when they move from one service area to another in order to facilitate prompt access to services in the new area. If a family with a child who has a current or interim IFSP moves from another state or to another ECI service area, the child should be served in accordance with that IFSP until the next IFSP review in order to assure that there is no break in services.

For interim IFSP's, immediate family services may include but are not limited to crisis intervention, medical services, or assistance in obtaining food, clothing, or shelter.

ECI is required to ensure that the providers who are delivering ECI services meet the "highest state recognized standards of their professions" and follow the appropriate guidance for the scope of their professional responsibilities and supervision.

ECI has adopted the standards established by the state-designated boards for all professions, with the exception of the Early Intervention Specialist. These Boards include: Speech- Language Pathology, Occupational and Physical Therapy, Nursing, Nutrition, Social Work, Psychology, Licensed Professional Counselor (LPC) and Physicians.

Early Intervention Specialists must meet the following Standards established by the Department of Assistive and Rehabilitative Services, Division for Early Childhood Intervention:

1. Entry Level - A bachelors degree with a minimum of 18 hours related to early intervention services. Must receive a minimum of one hour per week of direct supervision from a fully qualified professional until the Entry Level EIS Professional has completed successfully the requirements of the Competency Demonstration System (CDS).
2. Fully Qualified - Has met the educational requirements and completed the required competency demonstrations. Must annually complete continuing professional education requirement of a minimum of 10 hours. Supervision for Fully Qualified EIS Professionals is determined by the ECI Program Director.

Paraprofessionals that do not have discipline specific credentials must have at least one hour of supervision per week documented. Direct service activities are limited to: screenings, intake, service coordination, parent education, and behavioral services under the direction of a professional.

ECI must ensure that:

• employees who have direct contact with children and families, including contractual staff:
  • have not been convicted of any felony or a misdemeanor related to child abuse, sexual abuse, or any other offense against a person or family.
  • received training in: the implementation of Universal Precautions for the Texas Early Childhood Intervention Programs; recognition of common childhood illnesses; first aid to include emergency care of seizures, and the certification in cardiopulmonary resuscitation (CPR) of infants and children
  • if required locally, provide written evidence of tuberculosis (TB) Screening within 6 months of beginning employment.
• Individuals who serve as ECI professional staff abide by their license, registration or certification requirements [including continuing education requirements] and by the established rules of supervision and conduct for their profession.
• Staff who serve as service coordinators have training in: Infants and Toddlers who are developmentally delayed, or at risk of delay; Part C of IDEA; and Services available on the state and local levels, including eligibility and fee for service information.
• Individuals collecting or using personally identifiable information must receive training or instruction regarding the state' [confidentiality] policies and procedures.
• Staff with a communicable disease must be excluded from work with children in accordance with Texas Department of Site Health Service's Communicable Disease Chart for Schools and Child Care Centers. or until cleared by a physician to return to work.

EHS/MSHS must ensure that staff and consultants have the knowledge, skills, and experience they need to perform their assigned functions responsibly. The following positions require the specified qualifications:

Disability Services must be supported by staff or consultants with training and experience in securing and individualizing needed services for children with disabilities and have a thorough understanding of federal and state laws governing services to children with disabilities;

Infant/Toddler staff must obtain a Child Development Associate (CDA) credential for Infant and Toddler Caregivers or an equivalent credential within one year of hire. In addition, infant and toddler teachers must have the training and experience necessary to develop consistent, stable, and supportive relationships with very young children. The training they receive must include: infant/toddler development, safety issues on infant/toddler care, and methods for communicating effectively with infants and toddlers, their parents, and other staff.

In addition Infant/Toddler teachers who provide services in a Home Based program must meet the following requirements for Home Visitors.

Home Visitors must have knowledge and experience in child development and early childhood education; the principles of child health, safety, and nutrition; adult learning principles; and family dynamics. They must be skilled in communicating with and motivating people. In addition, they must have knowledge of community resources and the skills to link families with appropriate agencies and services.

Nutrition Services must be provided by staff or consultants who are registered dietitians or nutritionists.

Mental Health Services must be supported by staff or consultants who are licensed or certified mental health professionals with experience in serving young children and their families.

Health Services must be supported by staff or consultants with training and experience in public health, nursing, health education, uncontrolled seizure disorders, maternal and child health, or health administration. In addition, when a health procedure must be performed only by a licensed/certified health professional, the EHS/MSHS must assure that the requirement is followed.

Family and Community Partnership Services must be supported by staff or consultants with training and experience in field(s) related to social, human, or family services.

Parent Involvement Services must be supported by staff or consultants with training, experience, and skills in assisting the parents of young children in advocating and decision-making for their families.

Any additional requirements will be met as stipulated in the "Improving Head Start for School Readiness" Act of 2007.

In addition to following Head Start Program Performance Standards, All EHS/MSHS programs must follow Texas Department of Protective and Regulatory Services, Day-care Center Minimum Standards & Guidelines including those for Staff Qualifications, Responsibilities and Training. EHS/MSHS must ensure that:

• No person with a conviction or who is under indictment for, or is the subject of an official criminal complaint alleging violation of any of the crimes listed in Appendix II of the Texas Child-Care Minimum Licensing Standards or a felony violation of the Texas Controlled Substance Act may be present while children are in care;
• All staff and volunteers must demonstrate safety practices that include the implementation of Occupational Safety and Health Administration Universal Precautions;
• A minimum of one staff per group of children must have current training in first aid with rescue breathing and choking;
• A minimum of one staff per facility (or group of children away from the facility) must have current training in CPR for infants and children;
• Each staff member has an initial health examination (that includes screening for tuberculosis) and a periodic re-examination (as recommended by their health care provider or as mandated by State, Tribal, or local laws) so as to assure that they do not, because of communicable diseases, pose a significant risk to the health or safety of others in the EHS/MSHS program that cannot be eliminated or reduced by reasonable accommodation. This requirement is implemented consistent with the requirements of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Regular volunteers must also be screened for tuberculosis in accordance with State, tribal, and local laws.
• Agencies follow the protocols set out by the Centers for Disease Control and Prevention or the State, Tribe, or locality on how to manage communicable diseases;
• All staff, consultants, and volunteers follow the program confidentiality policies concerning information about children, families, and other staff members. These policies are established by the local program to comply with applicable local, state, federal and Tribal confidentiality laws.
• Each agency must ensure its program is in compliance with the State of Texas childcare licensing minimum standards.

Guidance:
For purposes of clarity, these standards should be consistentiv applied when ECI or EHS/MSHS personnel are identified on the IFSP's as the providers of specified ECI services.

Both programs emphasize training and staff development. To maximize the expertise of each program, the development of joint and collaborative training efforts is strongly encouraged.

ECI programs are responsible for ensuring that training and/or credentials required by ECI which exceed those required by Head Start Performance Standards or Texas Day Care Center Minimum Standards have been obtained by EHS/MSHS staff listed on the IFSP. Developmental Services may only be provided by staff employed by an ECI program; however, implementation of developmental strategies may be provided by EHS/MSHS staff. If IFSP services to a child are provided outside of an EHS/MSHS Center, a staff member who has received the required training (confidentiality, universal precautions, CPR and first aid) must accompany EHS/MSHS staff without the required ECI training. ECI and EHS/MSHS programs are encouraged to collaborate on joint training on these topics. EHS/MSHS is also encouraged to include as a part of their ongoing first aid training the emergency care of seizures.

Services must be provided to meet the individualized developmental needs of the child and the needs of the family related to enhancing the child's development. Services for each child are provided in the context of the child's natural environment and routines and must reflect the medical, social, educational, and developmental needs of the family. ECI programs have an array of services available that includes assistive technology (service and devices), audiology, early identification, screening and assessment, family counseling, family education, home visits, health services necessary to enable the child to benefit from other early intervention services, medical services only for diagnostic or evaluation purposes, nursing services, nutrition services, occupational therapy, physical therapy, psychological services, service coordination, social work services, special instructional services, speech/language therapy, transportation and related costs, and vision services. The decision regarding what services will be provided, which includes type, frequency, intensity, location, and method of delivery is made through a collaborative IFSP process between parents and other team members. Services are jointly coordinated with other service providers involved in delivery of services to the child and family. Staff providing services must meet specific training requirements and have the credentials required to provide the services specified in the IFSP.

EHS provides low-income pregnant women and families with children from birth to age 3 with family-centered services that facilitate child development, support parental roles, and promote self-sufficiency. MSHS provides these same services for low-income Migrant families with children birth to five. Services for infants and toddlers and their families must:

•  Encourage trust and emotional security,
• Provide a variety of sensory and motor experiences,
•  support physical, social and emotional development,
• encourage the development of self-awareness and autonomy, and
•  support emerging communication skills.

Services are provided in center-based settings, home-based settings, family child care settings, or combination settings. The method of service delivery is determined at the local level. Specific requirements for frequency and intensity of visits are established by the type of program (home-based, center-based, family child care or combination). Staff providing services must meet specific training requirements and teachers must obtain an infant toddler CDA or equivalent credential. Services must include: child health and developmental services, education and early childhood development services, child health and safety services, child nutrition and child mental health services, family & community partnership services (i.e., social services, case management, parent involvement, literacy, community advocacy, etc.).

Guidance:
Services are to be provided as specified in the joint IFSP. Services not in the ECI array that are provided by EHS staff should be listed on the bottom part of the IFSP grid where "other services" are documented.

The need for assistive technology services or devices for children enrolled in ECI and EHS/MSHS is determined through the ECI Evaluation and IFSP Process. All assistive technology services and devices identified as needed by the child must be listed in the IFSP. Assistive technology services and devices is included in the required ECI array of services.

In addition, ECI provides support and training to EHS/MSHS staff in properly using the equipment.

EHS/MSHS will pay for general modifications and accommodations needed in the classroom environment to ensure that the child can fully participate in activities. This includes equipment that is classroom specific and could be used after the child leaves. Examples include but are not limited to tables, chairs, changing tables, potty seats, ramps, feeding utensils, and bowls.

Guidance:
ECI will access or provide equipment that is necessary for the child to achieve outcomes documented on the IFSP. Assistive technology devices are used to increase, maintain, or improve the functional capabilities of the child. Medical devices that are surgically implanted are not included in this definition. Local ECI and EHS/MSHS programs may assign payment responsibility for equipment differently than that described if individual local circumstances clearly indicate a justifiable departure from the policy. Under no circumstances should funding decisions delay services.

Since ECI services end on a child's third birthday, ECI staff work with families to assist with transition into other appropriate programs and services when the child turns three. Options for transition may include preschool programs, child care, and Head Start. By the child's second birthday, the child's IFSP must include strateaies to support this transition. Examples of transition strategies include providing information to families regarding options for their child, parents observing proposed programs and meetings between families and program staff. Between nine months and four months prior to the child's third birthday and with family approval, a face-to-face conference must be convened with the family, the ECI program staff and staff from the next future setting, to review the child's program options and transition plan. At least 90 days prior to the child's third birthday, the child must be referred to the public school's preschool program for children with disabilities or to other service settings (such as Head Start or child care) as described in the IFSP and agreed upon by the parents. With parental consent assessment information may accompany the referral.

EHS programs must participate in and support efforts for a smooth transition entering EHS programs as well as for children who, at age three, will need to be considered for services for preschool age children with disabilities. MSHS programs must participate and support efforts for a smooth transition for children entering MSHS programs, children moving from one community to another as well as when the child exits the MSHS program (usually at age 5) into the next placement. To avoid duplication of effort, the EHS/MSHS program must coordinate, to the extent possible, with families and other agencies to support the accomplishment of transition goals in the IFSP. EHS/MSHS must establish and maintain transition procedures, must coordinate with schools and other agencies to ensure that relevant children's records are transferred; must outreach to counterparts in the schools and other child care settings to facilitate continuity of programming, must initiate meetings with the teachers for the next placement to discuss developmental progress and abilities of individual children, and must initiate joint transition-related training for staff from all placements the child will be transitioning into. Transition planning in EHS/MSHS must be undertaken for each child and family at least six months prior to the child's third birthday. The process must take into account: the child's health status and developmental level, progress made by the child and family while in EHS/MSHS, current and changing family circumstances, and the availability of Head Start and other child development/child care services in the community. As appropriate, a child may remain in Early Head Start, following his or her third birthday, for additional months until he or she can transition into Head Start or another program.

When a child moves from a program serving infants and toddlers (EHS) to a Head Start program serving children age three and older, the family income must be re-verified. If one agency operates both an EHS and a HS program, and the parents wish to enroll their child who has been enrolled in the agency's EHS program, the agency must ensure, whenever possible, that the child receives Head Start services until enrolled in school.

ECI Policy 3
34 CFR 303.209

Guidance:
Joint ECI and EHS/MSHS transition planning wil the joint IFSP by age two. When considering HS as the next placement for a child jointly enrolled in ECI and EHS, it is important to remember that HS is a funded enrollment program and therefore may not always have enrollment slots available at the time a child turns three. However, the EHS program can be instrumental in facilitating the transition of these children as they have the ability to continue serving children past the date of the child's third birthday. For ECI, services end on the child's third birthday. When considering placement options, referrals can be made simultaneously to the public school preschool program as well as the Head Start/MSHS program. These referrals should be made 90 davs prior to a child's third birthday, with parental consent. Each referral should note that a referral has been made to both agencies.

For MSHS children and families, individualized transition planning will need to take into account the moving of families from one community to another, including locations out of state. Due to this movement, it is essential that transition planning be on-going and time-sensitive.

ECI has policies to ensure the confidentiality of personally identifiable information concerning individual children and families. These include, but are not limited to, the following:

• Programs must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages;
• All persons collecting or using personally identifiable information must receive training or instruction regarding the State's policies and procedures;
• Programs must maintain records of individuals who access the child's records;
• Parents have rights to review their child's records;
• Parental consent is needed to disclose the child's records to another service provider;
• With written parental consent, the program may release a copy of the child's record, including medical information, to the designated party.

EHS/MSHS agencies must develop written confidentiality policies concerning information about children and families. Requirements include, but are not limited to, the following:

• Agencies must establish and maintain record-keeping systems and must ensure appropriate confidentiality of records;
• Agencies must ensure that there is a process to share health information on a need-to-know basis;
• Agencies must establish methods of handling cases of suspected child abuse which include ensuring confidentiality;
• Agencies must encourage strong communication, cooperation and the sharing of information among agencies and their community partners
• Parent's written consent is needed prior to any transfer of individual child or family records.
• Confidentiality must be maintained in accordance with grantee and State requirements.

Guidance:
Texas EHS/MSHS programs that are serving children and families jointly with ECI need to include in their written agreements a statement that they will meet the confidentiality requirements of Texas ECI Program Policies, and must provide training materials for EHS/MSHS staff on those requirements. ECI programs can support EHS/MSHS programs by providing training on these confidentiality requirements to EHS/MSHS staff. ECI and EHS/MSHS are encouraged to work together to ensure that information is shared in a manner that improves service delivery, while respecting families' right to privacy and complying with state and federal requirements. By obtaining parental consent to transfer records and share information, ECI and EHS/MSHS programs can avoid duplication and assist the family and the rest of the interdisciplinary team during assessment, as the IFSP is developed and during the delivery of services.

Programs must provide oral and written explanations to parents, at intake and at other times when parental consent is required, regarding their right to file a complaint with the ECI State Office alleging that an applicable state or federal law, regulation, or policy has been violated. The complaint must be in writing, be signed, and include a statement of the facts on which the complaint is based. The complaint may be submitted by mail, fax, or e-mail. Parties may request mediation at any time, but whether or not they choose to participate in mediation, the complaint will be investigated and resolved within 60 days.

Local complaints are handled through a locally-determined process set by the local ECI program's governing body.

The establishment and maintenance of procedures for resolving community complaints (including parent complaints) about the program is locally approved by each program's Policy Council/Policy Committee and Board of Directors, and therefore varies from program to program.

Guidance:

A parent who believes that an ECI program has violated state or federal law regarding their child's plan or services may either attempt to resolve the concern locally, or file a written complaint with the ECI state office according to ECI Policy 3.15.5. Upon receipt of a written complaint by the State ECI Assistant Commissioner, a notice of complaint will be sent to the EHS/MSHS Program Manager or Branch Chief, as appropriate. The ECI State Office will conduct an investigation according to ECI Policy 3.15.5 and the letter of finding will be sent to the Office of Head Start Region VI Regional Program Manager and Region XII Migrant Seasonal Program Branch Chief.

Program Directors are encouraged to obtain technical assistance from their ECI Program Performance Manager and their T/TA Network Technical Assistance Specialist to facilitate understanding of the complaint process, the issues raised, and facilitate the development of strategies for reaching resolution of any local issues so as to minimize the need for parents to file a complaint at the state level.

If a dispute arises regarding the development and/or implementation of a local agreement between a local Early Childhood Intervention program and a local Early Head Start, Migrant Seasonal Head Start, and/or Regional Head Start, each of the parties are to document the issue under dispute from their perspective and the efforts made to resolve the issue at the local level through normal channels. Then, this information is forwarded to the appropriate contacts as follows:

ECI - Assistant Commissioner of State ECI
MSHS - Office of Head Start, Region XII Migrant Seasonal Head Start Office Representative
EHS/HS - Office of Head Start Region VI

Upon receipt of the information, the Assistant Commissioner and the respective Office of Head Start, ACF Regional Program Manager will discuss next steps and assist the programs in resolving the dispute. Possible next steps include:

• 1)    providing policy interpretation to the local program (s);
• 2)    requiring ECI Program Consultant to provide technical assistance to program; and/or
• 3)    requiring Directors of disputing programs to enter into mediation until resolution is reached.

Each of the Program Directors can at any time choose to obtain technical assistance from their ECI Performance Manager or their T/TA Network Technical Assistance Specialist to discuss the issues raised and facilitate the development of strategies for reaching resolution of any disputes. Program Directors are strongly encouraged to seek this assistance as soon as an issue presents itself rather than waiting until the issue has reached a dispute level.