Pupose
for the Agreement
Provision A: Personnel Development
Provision B: Local Interagency Agreements
Provision C: Provision of Services
Provision D: Transition
Provision E: Child Find, Referral, Evaluation and Joint IEP Team Meetings
Provision F: Family Participation
Provision G: Dispute Resolution
General Provisions
Signatures
PURPOSE FOR THE
AGREEMENT:
The purpose of this agreement is to define and clarify
responsibilities of each agency to ensure a coordinated,
comprehensive service delivery system focusing on children ages
birth through five. Children, families, and communities are best
served when agencies collaborate to facilitate relationships and
local interagency collaboration.
The parties also agree to utilize the guidance outlined in
the Idaho Special Education Interim Manual Appendix 4 C
entitled Early Childhood Special Education Transition, and the
Infant Toddler Program Implementation Manual.
The State Department of Education (SDE) agrees to serve as the
lead agency at the state level for the provision of a free and
appropriate public education for children ages three through five
who are eligible for early childhood special education services in
Idaho. The State Department of Education also provides oversight to
the agencies and programs that provide special education and related
services to three through five-year-old children under Part B of the
Individuals with Disabilities Education Act (IDEA 2004).
The Department of Health and Welfare (DHW) agrees to serve as the
lead agency at the state level for the provision of early
intervention services for children from birth to age three who are
eligible for said services in Idaho. The Department of Health and
Welfare also provides oversight to the all agencies and programs
(including private contracted personnel) that provide early
intervention services to the birth through age three populations
under Part C of the individuals with Disabilities Education Act
(IDEA 2004).
The Department of Health and Welfare and the Department of
Education have agreed not to exercise the option to provide early
intervention services for children up to kindergarten entry rather
than enrolling in Department of Education Special education
preschool services for those children who participated in the Idaho
Infant Toddler Program (IDEA 632 (5)(B)(ii)).
The Idaho Migrant Council, Inc., Migrant and Seasonal Head Start
program (IMC/MSHS) agrees to support children with disabilities of
migrant and seasonal farm worker families in obtaining and
advocating for services by fostering partnerships with DHW, SDE,
local School Districts, Head Start, and other agencies; and
providing culturally appropriate early childhood services to
eligible children.
With respect for all parties and their philosophies regarding
children and families, the State Department of Education (SDE), the
State Department of Health and Welfare (DHW, Migrant and Seasonal
Head Start Programs Branch (MSHS), Region X Administration for
Children and Families, and the American Indian and Alaska Native
Head Start Programs Branch (AIANHS) commit to the following:
PROVISION A: PERSONNEL
DEVELOPMENT
The State Department of Education, the State
Department of Health and Welfare, Migrant and Seasonal Head Start
Programs Branch and the Region X Administration for Children and
Families commit to jointly determining training and technical
assistance needs, and to coordinate and share training and technical
assistance opportunities. “Head Starts” includes Early Head Start
(EHS), Head Start (HS), Migrant Seasonal Head Start (MSHS), and the
American Indian and Alaska Native Head Start (AIANHS).
The State Department of Education, the State
Department of Health and Welfare, and the Head Start Programs commit
to sharing resources to address cultural sensitivity issues for
personnel in each agency.
PROVISION B: LOCAL INTERAGENCY
AGREEMENTS
Local school districts, DHW, and Head Starts agree
to develop written interagency protocols that delineate roles and
responsibilities. The sample local protocol is located in
Appendix 4C of the Idaho Special Education Manual, and
attached to this agreement. Protocols may be developed by any
combination of districts and agencies as locally determined and
should be as specific as parties deem necessary. These protocols
must be reviewed annually and updated as needed. The local school
district will ensure that interagency protocols are developed.
Copies of written protocols will be included in each local school
district's application to the State Department of Education for
federal funds (by October 15, of each year). Copies of the
Interagency Protocol will be sent to the Idaho Infant Toddler
Program central office, annually. Copies of the Interagency
Protocols will be distributed to appropriate staff to ensure a clear
understanding of and compliance with the protocol. Protocols must
include but are not necessarily limited to:
- Contact information for each agency
- Jointly scheduled and coordinated child find
activities
- Procedures for exchange of information
- Provisions for a team/family transition
planning meeting: at-least 90 days and not more than 9 months
prior to the child's 3rd birthday
- Transition contacts/timelines/meeting
requirements
- Responsibilities for evaluations/assessments
- Determination of the use of IFSP or IEP at
transition
- Provision of services
- Agency dispute process or acceptance and use of
the dispute process outlined in this agreement
- Jointly identify training and technical
assistance needs and coordinate personnel development efforts.
PROVISION C: PROVISION OF
SERVICES
Local School districts and DHW agree:
The following provision applies only to children
who have previously been identified and served by the DHW Infant
Toddler Program (ITP). If a child who is eligible for Part B
services turns three between September and May, the child will
transition into the local school districts Part B program at age
three. A child who is eligible for Part B services and turns three
after May 1, with parental consent, can be served as outlined in the
IFSP by the ITP until school starts in the fall. This is the case
unless specified differently in the child's transition plan or in
the local interagency protocol.
Local School districts agree:
To ensure the provision of a free appropriate
public education for all three through five year-old children
who are eligible for special education and related services,
including extended school year (ESY) services to children who meet
ESY eligibility criteria, including the year in which the child
turns 3. Local school districts will provide special education and
related services to three through five-year-olds (or younger, if
specified in the child's transition plan) who reside within the
boundaries of their districts, with the exception of the
responsibilities of other agencies as delineated in this or a local
protocol.
Local school districts agree to support MSHS in
the timely provision of services. This may require "fast track"
evaluations and development of the IEP, including provisions for
services and personnel during May and early June.
DHW agrees:
To ensure the provision of early intervention
services to eligible infants, toddlers and their families through
regional ITP.
To provide family support, such as provision of
funds for respite care and other supports not covered by other
sources, to the extent of available funds, to eligible families of
children with disabilities. DHW will provide local school districts
and Head Start Programs with information for families on how to
access these services.
DHW will assure oversight of private providers of
service coordination and direct services to assure adheret1ce to the
provisions of IDEA 2004, Part C and the procedures in the ITP
Implementation Manual, including all transition processes.
Head Start Programs agree:
To adhere to all Federal and State regulations
including IDEA 2004, State Department of Education regulations and
Head Start Performance Standards.
To make available, directly or in cooperation with
other agencies, services to children with disabilities or
developmental delays (as defined by SDE eligibility criteria), and
their families in the least restrictive environment and in
accordance with an IEP for at least ten percent of the enrolled
children.
To not deny placement to any child on the basis of
a disability or its severity, when the parents wish to enroll the
child, the child meets Head Start's age and income criteria, Head
Start is an appropriate placement according to the child's IEP, and
the program has space to enroll more children even though the
program has made ten percent of its enrollment opportunities
available to children with disabilities.
Head Start Programs will provide timely referral
to ITP and local school districts on all children for who concerns
about development are identified. Head Start Programs will provide
information to ITP and local school districts regarding Head Start
Programs eligibility requirements and program specific information
on opening and closing dates, services provided and relevant
policies and procedures.
The SDE agrees:
To provide preschool flow through funds to local
school districts according to the formula and requirements of IDEA
2004.
To make preschool discretionary funds available to
regular Head Start Programs that choose to provide direct special
education and related services to eligible children with
disabilities.
PROVISION D: TRANSITION
All participating agencies agree to participate
and cooperate in transition planning as appropriate to ensure
uninterrupted services and minimize stress for families and children
as children move from one agency or service system to another.
Local School districts and DHW agree:
To participate in a transition planning conference
at least 90 days, and, at the discretion of all parties, no more
than 9 months prior to a child's third birthday. The purposes of the
transition planning conference are to review placement options from
the child's third birthday through the end of the school year,
provision of ESY services, discuss areas of concern for the family,
child, or program personnel, develop a transition plan, and
determine the child's potential eligibility for Part B services.
*Eligibility for Part B services is determined by the local school
district's IEP team, which includes the parent.
To ensure the participation of Head Start Programs
in all transition and IEP meetings, when the child is jointly
served, or when any of the partners is a potential service
provider.
DHW agrees:
To notify the local school district, in which a
child resides, of a pending transition from the Infant/Toddler to
the Part B program at least six months prior to the child's third
birthday, or when a child is referred to the ITP, after the child is
2 years, 6 months of age. DHW is responsible for obtaining parental
consent prior to the exchange of confidential information.
DHW must coordinate with the receiving agency to
ensure that existing assessment information and any additional
assessments necessary to determine eligibility for Part B services
are completed, compiled, and made available to Part B personnel
prior to the transition meeting. If additional assessments are
necessary to determine eligibility for Part B services, DHW will
obtain parental consent for any assessments that they will
conduct.
DHW will convene a transition planning conference
at least 90 days and not more than 9 months prior to the child's
third birthday. DHW must include on each IFSP steps to be taken to
support the transition of the child to Part B services, or to other
services if the child is not eligible for Part B, or if the parents
select another program option. DHW will be responsible for including
the family in the transition process and will provide notice to the
family of transition activities and of their rights under Part B of
IDEA 2004. DHW will provide timely invitation to a local school
district representative to participate in each transition
conference. Regional ITP service coordinators will ensure
participation of Head Start Programs when the child is jointly
served or any of the partners is a potential service provider. At
the transition planning conference, DHW will advise families and
others of community options that are available, including Head Start
Programs, for services, supports and placement when the child turns
three.
Local School districts agree:
To participate with the ITP in a transition
planning conference that is convened by DHW. The district will
consider all existing assessments/evaluation information and
identify what additional assessments/evaluations, if any, are needed
to determine eligibility and program needs under Part B services. If
additional assessments/evaluations are needed, that are not
typically completed by the ITP, the transition team participants in
the transition planning conference will determine who will be the
most appropriate person/agency to conduct needed
assessments/evaluations. The agency that will conduct the
assessments/evaluations will obtain parental consent for the
assessments/evaluations. Assessments/evaluations will be completed
prior to the transition meeting. Eligibility for Part B services can
be determined, and an IEP developed, at the transition planning
conference (if all assessment information is available and all
required IEP team members are present) or at another IEP team
meeting, convened by the local school district, prior to the
child's third birthday.
To develop an IEP, or accept the IFSP and
implement the educational components of it if the parents agree. If
an IEP is to be developed for Part B services, it can be developed
at the transition planning conference (if all required IEP team
members are present) or at another IEP team meeting prior to the
child's third birthday. Parental consent for initial placement
must be obtained by the local school district prior to the
initiation of Part B services.
Head Start Programs agree:
To initiate and attend the transition planning
conferences for children with disabilities who are enrolled in Head
Start Programs. Local interagency protocols will specify timelines
and responsibilities for transitions from Head Start and Migrant and
Seasonal Head Start to local school districts.
PROVISION E: CHILD FIND,
REFERRAL, EVALUATION AND JOINT IEP TEAM MEETINGS
All participating agencies are strongly encouraged
to conduct joint child find activities whenever possible, such as
screenings and pre-referral activities (e.g. identification of
interventions attempted to allow the child to progress normally in
relation to typical activities). Child find activities will be
specified in local interagency protocols. AU participating agencies
will submit appropriate referral paperwork, and accept referrals in
accordance with the provisions of IDEA 2004 regarding referrals,
parental consent and procedural safeguards. Referrals will be acted
on in a timely manner, with special consideration for the limited
time frame for Migrant and Seasonal Head Start enrollment. Timelines
and responsibilities for actions on referrals will be specified in
local interagency protocols. Agencies agree to inform the referring
agency of the
disposition of the referral as soon as possible.
The ITP will typically get parental consent, unless Part B personnel
are conducting the assessment. In that case, Part B will be
responsible to obtain parental consent for the evaluation.
All participating agencies agree to participate in
evaluation team meetings and IEP team meetings as specified in local
interagency protocols and in accordance with IDEA 2004. For children
enrolled in Head Start Programs, the regular education teacher, as
required by IDEA 2004 to participate in IEP team meeting(s), is the
child's Head Start teacher.
Local School districts agree:
To ensure that all children suspected of having a
disability are evaluated in a timely manner and to determine if the
children are eligible for Part B services. Evaluations must be
completed and an IEP must be developed and implemented within 60
calendar days of obtaining parental consent for evaluation, and
prior to the child's third birthday for children
transitioning from Part C to B.
DHW agrees:
To initiate the transition process described in
Provision C of this agreement for children younger than three who
are currently served in ITP. DHW will also participate in, or
conduct, evaluations as specified in the transition plan or
according to the local interagency protocol. DHW will assist in
obtaining third party evaluations/assessments that may be used to
determine eligibility for Part B services.
Head Start Programs agree:
To screen all Head Start Programs children before
or within 45 calendar days after the start of program services in
the fall or within 45 days of the child entering the program (30
calendar days for Migrant and Seasonal Head Start Programs). Head
Start Programs also agrees to implement and document pre-referral
interventions and to refer, in a timely manner, children with
suspected disabilities to the local school district as soon as the
need for further evaluation is identified. Head Start Programs also
agree to collaborate with local child find activities by actively
recruiting children with disabilities.
PROVISION F: FAMILY
PARTICIPATION
All participating agencies agree to ensure
opportunities and accommodations (e.g. interpreters, translators,
etc.) for family participation in all aspects of planning, policy
development, training, and service evaluation. These provisions will
be considered in the development of all local agreements.
PROVISION G: DISPUTE RESOLUTION
All participating agencies agree to resolve
systemic disputes that arise in the provision of early childhood
special education services in a non-adversarial manner and to ensure
that services to children and families are not disrupted, by using
the following process to resolve interagency disputes:
- An individual or agency with a concern will
first use the agency's internal procedures to address the concern.
Technical assistance to clarify the intent of the agreement may be
sought from the SDE Bureau of Special Education, DHW Infant
Toddler Program, and Head Start Programs.
- If resolution is not achieved at the previous
level, the issue and all relevant information will be forwarded to
the special education director of the local school district.
Discussions will be held among DHW regional program managers, Head
Start directors and special education directors, as appropriate,
to reach a consensus decision. If all parties agree, the SDE will
provide services of a trained mediator to assist in resolving the
dispute.
- If consensus is not reached at the previous
level, the special education director will forward the issue and
all relevant information to the superintendent of the local school
district for review. After consulting with directors of the other
involved agencies, the superintendent will determine a resolution.
- Any party dissatisfied with the local school
district superintendent's recommendation for resolution may
forward the issue and all relevant information to the SDE
Supervisor of Special Education. The Special Education Supervisor
will consult with representatives of the other involved agencies
to determine how the issue will be resolved. If DHW is involved,
Infant Toddler Program Manager or the FACS Division Administrator
will be consulted. If Head Start is involved, the Region X, MSHS
Program Branch, and AIANHS Program Specialists for Idaho will be
consulted.
- The decision of the SDE Supervisor of Special
Education may be appealed to the State Superintendent of Public
Instruction. Before making a final determination, the
Superintendent of Public Instruction will review all aspects of
the issue with the directors of the other involved agencies. If
DHW is involved, the Director of the DHW will be consulted. If
Head Start is involved, the Region X, MSHS Program Branch, and
AIANHS Program Specialists for Idaho will be consulted.
- The dispute resolution process must be
completed no later than 45 calendar days after the issue is
referred to the local school district's special education
director.
To ensure the continued provision of services
during disputes involving which agency is responsible for providing
different services, the SDE Bureau of Special Education wil1:
- Assign financial responsibility for service
provision to an agency as soon as possible after being notified of
the dispute.
- Reassign agency and financial responsibility
after the dispute is resolved if the original assignment was
inappropriate.
Make arrangements to compensate, if
necessary, an agency that was initially assigned responsibility for
services that are later determined to be the responsibility of
another agency.
GENERAL
PROVISIONS:
The provisions of this agreement may be extended,
modified, or changed upon a written amendment signed by all parties,
and such amendment when so signed, will become a part of this
agreement. This agreement becomes effective on the date signed by
all parties. The agreement is automatically renewed on July 1 of
each year unless any party requests a review of the agreement prior
to June 1.
Signatures:
By: Dr. Marilyn Howard
State Superintendent of
Public Instruction
Date: 8-21-06
By: Richard M. Armstrong
Director. Idaho
Department of Health & Welfare
Date: 7-27-06
By: Nancy Gigoux Hutchins
Director, Region X
Head Start
Date: 7-21-06
By: Renee Perthius
Director, Program Operations Division,
Office of Head Start, ACF/HHS
Date: 9-18-06
See also:
Idaho State Resources
