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Intergovernmental Agreement between the Oregon Department of Education Early Intervention/Early Childhood Special Education Program, Oregon Head Start Prekindergarten and the Department of Health and Human Service Administration for Children and Families Federal Head Start Bureau on Services to Children (Birth - 5) with Disabilities
 
Abstract

The following memorandum, signed in August 2003, provides a framework for collaborative service delivery for infants, toddlers, and young children with disabilities (ages 0 - 5) in Early Head Start and Head Start settings. It makes available to Head Start administrators and partners specific information about the areas of collaboration in Oregon.


Intergovernmental Agreement between the Oregon Department of Education Early Intervention/Early Childhood Special Education Program, Oregon Head Start Prekindergarten and the Department of Health and Human Service Administration for Children and Families Federal Head Start Bureau on Services to Children (Birth - 5) with Disabilities

I. Authority
II. Purpose
III. Responsibilities of Each Agency
     A. The EI/ECSE Program ensures that contractors and sub-contractors
     B. OR HS PreK, MSHS and HS will ensure their respective programs
     C. Joint Responsibilities: The ODE EI/ECSE and OR HS PreK and MSHS and HS jointly agree to
IV. Compensation and Fiscal Responsibilities
V. Duration of Agreement
VI. Amendments
VII. Termination Clause
VIII. Signatures
Endorsements


This agreement is between Oregon Department of Education Early Intervention/Early Childhood Special Education, hereafter referred to as EI/ECSE; the Oregon Department of Education Head Start Prekindergarten, hereafter referred to as OR HS PreK; Region XII Migrant and Seasonal Head Start Branch, hereafter referred to as MSHS; and the Region X Head Start Regional Branch hereafter referred to as HS.

For the purpose of this agreement preschool children means children from birth until eligibility for public school.

I. AUTHORITY:

Pursuant to ORS 190.110, state agencies may cooperate with each other in performing duties imposed on them.

Under 34 CFR 300.142, state agencies shall enter into interagency agreements under the supervision of the state's chief executive officer (Governor).

Under 34 CFR 300.121, 34 CFR 300.600, and ORS 343.041, the ODE has been charged with the responsibility to provide general supervision and ensure a free, appropriate public education to all students who are eligible for public education.

Under ORS 343.055, the ODE is required to administer a state operated program for preschool children with disabilities, birth to school age.

Under 45 CFR 1304, Head Start is required to provide services to preschool children with disabilities who are eligible for Head Start.

Under 45 CFR 1304, Head Start; ORS 329.175, ODE; and 45 1305, MSHS; programs are required to offer a minimum of 10% of their enrollment opportunities to children with disabilities and their families.

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II. PURPOSE:

The purpose of this interagency agreement is to describe:

  • The responsibilities of the signing agencies in the provision of collaborative early intervention or special education and related services required for full service implementation to children, birth to five, with disabilities.
  • The collaboration procedures used by the EI/ECSE program, OR HS PreK program, MSHS and HS, including their contractors, sub-contractors, programs and grantees for the provision of services to preschool children with disabilities and their families.
  • The procedures for resolving interagency disputes including financial responsibilities of local programs for the provision of early intervention or special education and related services under this agreement.
  • A framework for agreements between local Head Start Programs and EI/ECSE Program contractors and subcontractors that allows each community to develop a unique approach to collaborative services, which meets the needs of all children with disabilities and their families.

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III. RESPONSIBILITIES OF EACH AGENCY:

  • ODE EI/ECSE, OR HS PreK, MSHS and HS ensures that all appropriate staff and local programs receive, in a timely manner, information contained in this agreement.
  • The local EI/ECSE program is responsible for assuring a free, appropriate public education at no expense to the family (FAPE).
  • Head Start is committed to maintain efforts and fiscal support for provision of services to children with disabilities.
  • Local EI/ECSE, OR HS PreK, MSHS and HS programs are encouraged to share resources and joint efforts for evaluations and implementation of the IFSP. Sharing information is encouraged in order to provide optimum benefit to the child and to avoid duplication of effort on part of the programs.
  • Local EI/ECSE, OR HS PreK, MSHS and HS programs will mutually determine a system for transitioning children in and out of the preschool program and across program options while assuring placement of eligible children in the least restrictive environment.

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A. The EI/ECSE Program ensures that contractors and sub-contractors:

  1. Provide OR HS PreK, MSHS and HS with information on Federal and State requirements for serving preschool age children with disabilities.
  2. Provide OR HS PreK, MSHS and HS with local EI/ECSE program policies and procedures.
  3. Include MSHS in local child find activities, as appropriate.
  4. Develop joint procedures with OR HS PreK, MSHS and HS to ensure timely screenings and referrals.
  5. Encourage the participation of OR HS PreK, MSHS and HS staff in eligibility evaluation activities when appropriate and insure that the evaluation process takes into consideration the unique needs of Head Start/OR HS PreK and MSHS families.
  6. Include OR HS PreK, MSHS and HS staff in the Individual Family Service Plan (IFSP) process.
  7. Provide child evaluations and services (or extended year services), as required by the IFSP, during the period of the Head Start/OR HS PreK and MSHS operations.
  8. Develop a system with OR HS PreK, MSHS and HS to ensure smooth transitions to and from other programs.
  9. Include OR HS PreK, MSHS and HS staff in appropriate training opportunities and encourage interagency "cross-training" activities.
  10. Assist OR HS PreK, MSHS and HS programs in complying with Individuals with Disabilities Education Act (IDEA) requirements through joint monitoring of OR HS PreK, MSHS and HS programs, planning joint in-service training opportunities, and providing technical assistance as mutually arranged.
  11. Inform school district administrative personnel and local EI/ECSE program staff about services available through OR HS PreK, MSHS and HS programs, general eligibility criteria, and the extent to which these services can be provided.
  12. As mutually agreed upon, provide OR HS PreK, MSHS and HS with EI/ECSE technical assistance, including but not limited to, consultation, in-service training, and special education publications.
  13. Assist in clarifying roles of local school districts, EI/ECSE providers, and OR HS PreK, MSHS and HS with regard to:
    1. early identification and evaluation of young children having or suspected of having a disability;
    2. appropriate education placement of children under school age; and
    3. transfer/transition of OR HS PreK, MSHS and HS children with disabilities between programs and into public school.
  14. Resolve ODE internal disputes regarding services, eligibility determination or financial responsibility using the established ODE process for resolving disputes.
  15. Facilitate the development of services to children through a Sub-Contractor's Working Group representing EI/ECSE Contractors and Sub-Contractors, OR HS PreK, MSHS and HS.

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B. OR HS PreK, MSHS and HS will ensure their respective programs:

  1. Provide information to local EI/ECSE programs on eligibility requirements.
  2. Ensure that written agreements exist between local EI/ECSE programs and local programs to work cooperatively in planning and delivering disability services.
  3. Collaborate with local child find activities by actively recruiting children with disabilities and conduct an active outreach effort to locate, identify and enroll preschool children with known disabilities.
  4. Complete screenings in a timely manner and follow procedures for referrals to local EI/ECSE programs.
  5. Participate in EI/ECSE child evaluations and provide information as requested.
  6. Ensure that children with disabilities receive the same services as other children in the program.
  7. Ensure compliance with all state and federal regulations regarding preschool children with disabilities.
  8. Ensure that children with suspected disabilities are referred to the designated Referral and Evaluation Agency for eligibility determination for EI/ECSE services.
  9. Use the state mandated IFSP forms and processes for all children with disabilities.
  10. Participate in, and facilitate parent participation in the IFSP process.
  11. Collaborate in the provision of EI/ECSE services as outlined in IFSP.
  12. Collaborate in the transition of children and families to and from other placements.
  13. Inform EI/ECSE programs of training opportunities.
  14. Request the Region X and Region XII Training and Technical Assistance Systems consult with ODE regarding technical assistance needs and to provide relevant Head Start publications.
  15. Resolve Head Start/OR HS PreK and MSHS internal disputes regarding services, eligibility, and financial responsibility using the program's established process for resolving disputes.

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C. Joint Responsibilities: The ODE EI/ECSE and OR HS PreK and MSHS and HS jointly agree to:

  1. Encourage local school districts, EI/ECSE Subcontractors and local OR HS PreK, MSHS and HS to work cooperatively to plan and deliver services.
  2. Assure that written agreements exist between agencies to encourage interagency coordination between EI/ECSE subcontractors and OR HS PreK, MSHS and HS Grantees and programs.
  3. Resolve interagency disputes regarding services, eligibility, or financial responsibility by:
    1. attempting to resolve the dispute at the local program level;
    2. providing mediation by the ODE, MSHS and HS;
    3. making a determination by the appropriate federal or state Head Start official and the ODE EI/ECSE official when agreement cannot be reached at the local level or through mediation; or
    4. referring the dispute to binding arbitration, in the event that the appropriate federal or state Head Start official and the ODE EI/ECSE official are unable to resolve the dispute. The determination of the arbitrator shall be binding on the parties to the dispute.
  4. Maintain regular communication regarding in-service training opportunities and encourage cross training of staffs.
  5. Ensure that written agreements exist between local EI/ECSE programs and local OR HS PreK, MSHS and HS programs which address the unique needs of Head Start preschool children and their families that include:
    1. linguistically and culturally appropriate assessments and services;
    2. consideration of families frequent need to move within and out of state;
    3. the communication and paper work transfer that this mobility requires; and
    4. child find, evaluation and general services concur with the enrollment and duration of Head Start programs including the schedules of mobile migrant populations.
  6. Meet twice a year to review issues and the need for revisions to this agreement. Participants include the Region X and Region XII Training and Technical Assistance Systems, ODE HS PreK, ODE EI/ECSE, MSHS and the Head Start Collaboration project.
  7. Encourage the combining of resources such as dual enrollment or shared staff, to ensure the efficient and cost effective delivery of services.
  8. Assist Region X and Region XII Training and Technical Assistance Systems to develop a joint training and technical assistance delivery system for migrant children.
  9. Support and encourage on-going collaboration efforts of service delivery at the local level.

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IV. COMPENSATION AND FISCAL RESPONSIBILITIES

This agreement does not involve any financial compensation or reimbursement.

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V. DURATION OF AGREEMENT

This agreement shall be in effect upon signatures to June 30, 2007.

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VI. AMENDENMENTS:

On written request from either party, changes in this agreement or subsequent attachments will be discussed and such changes as are agreed in writing will become part of the agreement. The terms of this agreement shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by a written instrument signed by the parties.

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VII. TERMINATION CLAUSE:

This agreement may be terminated at any time by any of the parties upon 30 days written notice.

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VIII. SIGNATURES:

Each agency, by the signature below of its authorized representative, hereby acknowledges that he/she has read this agreement, understands it and agrees to be bound by its terms.

This agreement is executed on behalf of the ODE and Head Start Regions X and XII through the undersigned representatives on the dates indicated after their signature:

STATE OF OREGON acting by and through the Department of Education
255 Capitol St. NE
Salem, OR 97310

_______________________________________________________________________
Mike Greenfield            Date
Deputy Superintendent of Public Instruction

ADMINISTRATION FOR CHILDREN AND FAMILES acting by and through the Region XII Migrant and Seasonal Head Start Branch

_________________________________________________________________3/31/04
Amanda B. Bryans            Date
Acting Director Program Operations

ADMINISTRATION FOR CHILDERN AND FAMILIES acting by and through the Region X Head Start Bureau

_______________________________________________________________________
Steve Hennigson            Date
Regional Administrator

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ENDORSEMENTS

_______________________________________________________________________
Annie Soto            Date
President, Oregon Head Start Association
Acting by and through the
Oregon Prekindergarten and Regional Head Start Programs

_______________________________________________________________________
Juanita Santana            Date
Executive Director, Oregon Child Development Coalition
Acting by and through the
Oregon Migrant and Seasonal Head Start Programs

Carton, Sandra (ACF)
____________________________________________________________________

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OFFICE OF ASSOCIATE COMMISSIONER

HEAD START BUREAU

Routing and Transmittal Slip

Date: 2-9-04

SUBJ: Oregon Interagency agreement to serve children with disabilities

To: (Name, Office, Room Number, Building, Agency Post)

Initials

Date

1.

Windy Hill

Wm. H.

03/29/04

2.

Doug Klafehn

D.K.

3/9/04

3.

Carol Whitten

 

 

4.

Craig Turner

 

 

5.

 

 

 

Cc:

 

 

 

 

Action

 

File

 

Note and Return

x

Approval

 

For Clearance

 

Per Conversation

 

As Requested

 

For Correction

 

Prepare Reply

 

Circulate

 

For Your Information

 

See me

 

Comment

 

Investigate

x

Signature

 

Coordination

 

Justify

 

 

REMARKS:

FROM:
Sandra Carton

Room No. - Bldg.
Switzer Bldg.,
2018


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Intergovernmental Agreement between the Oregon Department of Education Early Intervention/Early Childhood Special Education Program, Oregon Head Start Prekindergarten and the Department of Health and Human Service Administration for Children and Families Federal Head Start Bureau on Services to Children (Birth - 5) with Disabilities. ORDOE/EI/ECSE & DHHS/ACF/Region X. 2003. English.


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