Introduction

This Memorandum of Understanding is made and entered into among the New Mexico State Department of Public Education, hereinafter referred to as the “SDE”; the New Mexico Department of Health, hereinafter referred to as the “DOH”; the Children, Youth and Families Department, hereinafter referred to as the “CYFD”; the U.S. Department of Health, Human Services Region VI, hereinafter referred to as the “HHS”; and the State Supported Schools, hereinafter referred to as the “NMSD” and the “NMSVH”, New Mexico School for the Deaf and New Mexico School for the Visually Handicapped, respectively.

 WHEREAS, the Forty-Second Legislature of the State of New Mexico adopted amendments to the Public School Finance Act, the Public School Code, and Chapter 28, Article 18 NMSA 1978, which state, in part:

“If a child enrolled in the family, infant, toddler program has his third birthday during the school year, the child’s parents shall have the option of having the child complete the school year in the family, infant toddler program or enrolling the child in the public school's preschool program.  A child with a disability who enrolls in the public school’s preschool program and who has his third birthday during a school year may receive special education and related services from the beginning of that school year.”

WHEREAS, the State of New Mexico participates in the Individuals with Disabilities Education Act, hereinafter referred to as the “Act”;

WHEREAS, the SDE is responsible for the implementation of Part B under the Act and ensuring that Free Appropriate Public Education (FAPE) is available to all eligible children with disabilities age three years through twenty one years;

WHEREAS, the DOH is the lead agency for implementing Part C under the Act and ensuring access to early intervention services for all eligible children;

WHEREAS, CYFD has responsibility for oversight of the early care, education and family support services;

WHEREAS, HHS is the agency charged with administering the Early Head Start and Head Start programs;

WHEREAS, NWSD was established in 1887 by the New Mexico Legislature to provide educational and support services to children who are deaf and hard of hearing.

WHEREAS, NMSVH is accredited by the New Mexico State Board of Education.

WHEREAS, the federal regulations for Part B, “Assistance to States for the Education of Children with Disabilities” 34 CFR Part 300, Final Regulations dated March 12, 1999, requires in section 300.132:

Transition of children from Part C to preschool programs.

“The State must have on file with the Secretary policies and procedures to ensure that-

1. Children participating in early intervention programs assisted under Part C of the Act, and who will participate in preschool programs assisted under Part B of the Act, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(8) of the Act.
2. By the third birthday of a child described in paragraph (a) of this section, an IEP or, if consistent with 300.342(c) and section 636(d) of the Act, an IFSP, has been developed and is being implemented for the child consistent with 300.121(c); and
3. Each LEA will participate in transition planning conferences arranged by the designated lead agency under section 637(a)(8) of the Act.

WHEREAS, the federal regulations for Part C of IDEA, “Early Intervention Program for Infants and Toddlers with Disabilities” 34 CFR Part 303, Amended by Regulations Issued April 14, 1998 requires in section 303.148:

Transition to preschool programs.

“Each application must include the policies and procedures used to ensure a smooth transition for individuals participating in the early intervention program under this part who are eligible for participation in preschool programs under Part B of the Act, including –

(a) A description of how the families will be included in the transitional plans;

(b) A description of how the lead agency under this part will –

1. Notify the appropriate local educational agency or intermediate educational unit in which the child resides; and
2. Convene, with the approval of the family, a conference among the lead agency, the family, and the local educational agency or unit at least 90 days before the child’s third birthday or, if earlier, the date on which the child is eligible for the preschool program under Part B of the Act in accordance with State law, to–
   
   1. Review the child’s program options for the period from the child’s third birthday through
      the remainder of the school year, and
   2. Establish a transition plan; and(c) If the State educational agency, which is responsible for administering preschool programs under Part B of the Act, is not the lead agency under this part, an interagency agreement between the two agencies to ensure coordination of transition matters.”

 WHEREAS, section 303.653 of the regulations to Part C of the Act requires that:

Transitional services.

“Each Council shall advise and assist the state educational agency [SDE] regarding the transition of toddlers with disabilities to services provided under Part B of the Act, to the extent those services are appropriate.”

WHEREAS, CYFD is responsible for licensing child care programs, the training and certification of early care, education and family support personnel, and administering state and federal funds to support such programs;

WHEREAS, HHS Region VI is responsible for administering the New Mexico Regional Early Head Start and Head Start programs for children ages birth to 5, and the “Head Start Program Performance Standards on Services for Children with Disabilities” 45 CFR 1308 and Guidance states:

The Head Start Program has operated under a congressional mandate, since 1972, to make available, at a minimum, ten percent of its enrollment opportunities to children with disabilities. …Head Start is either:

• The agency through which the Local Education Agency can meet its obligation to make a free appropriate public education available through a contract, State or local collaborative agreement, or other arrangement; or
• The agency in which the family chooses to have the child served rather than using LEA services. …

The Head Start responsibility is to make available directly or in cooperation with other agencies services in the least restrictive environment in accordance with an individualized education program (IEP) for at least ten percent of enrolled children who meet the disabilities eligibility criteria. …Head Start has a mandate to recruit and enroll income-eligible children and children with disabilities who are most in need of services and to coordinate with the LEA and other groups to benefit children with disabilities and their families…Head Start is committed to fiscal support to assure that the services which children with disabilities (3 to 5) need to meet their special needs will be provided in full, either directly or by a combination of Head Start funds and other resources.

 The Head Start Regulations (45 CFR 1308.4) specify that the Head Start grantee or delegate agency

“(e) must designate a coordinator of services for children with disabilities (disabilities coordinator) and arrange for preparation of the disabilities service plan and of the grantee application budget line items for services for children with disabilities. The grantee or delegator must ensure that all relevant coordinators, other staff and parents are consulted.

(g) The plan, when appropriate, must address strategies for the transition of children into Head Start from the infant/toddler programs (0-3 years), as well as the transition from Head Start into the next placement. The plan must include preparation of staff and parents for the entry of children with severe disabilities into the Head Start program.

(l) The disabilities service plan must include commitment to specific efforts to develop interagency agreements with the LEAs and other agencies within the grantee’s service area…”

Head Start Program Performance Standards 45 CFR Part 1304 further require that:

• They (Early Head Start) participate in and support efforts for a smooth and effective transition for children who at age three will need to be considered for services for preschool age children with disabilities 1304.20 (f) (2) (iii)
• Grantee and delegate agencies must establish and maintain procedures to support successful transitions for enrolled children and families from previous child care programs into Early Head Start or Head Start and from Head Start into elementary school… or other child care settings. 1304.41 (c) (1)

WHEREAS, Article 12, Section 11 and Article 6, Chapter 21, 6-2 of the New Mexico State Constitution confirm New Mexico School for the Deaf as a state educational institution:

(a)…to be devoted exclusively to the care and instruction of the deaf and the hard of hearing, those who are either deaf or hard of hearing, of both sexes, residents within the state of New Mexico between the ages of 5 and the age of majority; provided that the board of regents, in its discretion, may admit residents of this state who have attained the age of one year…

(e) All instruction shall be free…

WHEREAS, students at NMSVH have all rights of a child with a disability who is served by an LEA.

NOW, THEREFORE, the SDE, DOH, CYFD, HHS, NMSD and NMSVH in consideration of the mutual covenants and
agreement herein contained, do hereby agree to the purpose, terms, and conditions of the Memorandum of Understanding.

I. DEFINITIONS

Early Care, Education, and Family Support Programs – means programs that provide comprehensive care, education, and family support for children birth through age eight years. Programs are funded from a variety of sources and vary in eligibility requirements. Such programs include early intervention, licensed child care centers and homes, registered child care homes, programs for children of teen parents, Head Start programs, public school programs for children up to age eight, a variety of home visiting programs, and community based training and technical assistance programs.

Early Head Start –  means a program that 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.

Early Intervention Provider – means an organization or individual that provides any service(s) covered under state regulations, meets the requirements established for early intervention services, and has either been certified as a provider of early intervention services by the Department of Health or provides services through an intra-agency or inter-agency agreement with that Department.

Early Intervention Services – means any or all services that are designed to meet the developmental needs of each eligible child and the needs of the family related to enhancing the child’s development. Early intervention services address one or more of the following areas of development: cognitive, physical, communication, social or emotional, and adaptive. Early intervention services include: assistive technology, audiological services, developmental services (special instruction), family training, counseling and home visits, health services, medical services for diagnostic or evaluation purposes, nursing services, nutrition services, occupational therapy, physical therapy, psychological services, respite services, service coordination, social work services, speech language pathology services, transportation and related services, and vision services.

Eligible Child (Part C-early intervention services) – means children birth to three years of age who reside in the state and meet the criteria within state regulations for “Developmental Delay”, “Established Condition” or “At  Risk for Developmental Delay” and children who are otherwise eligible under Part B between the ages of three and four years whose parents have chosen to remain in the early intervention system in lieu of accepting services provided by New Mexico’s preschool special education program.

Eligible Child (Part B-preschool special education and related services) – means children ages 2 (who will turn three within the school year,) 3,4 or 5 who resides in the state, who is determined to be a child with a disability and meets the eligibility criteria for one of the 14 areas of eligibility inclusive of “Developmental Delay.”

Evaluation (for Part C early intervention services) – means the process through which a child’s eligibility for early intervention services is determined. It involves a review of pertinent records related to the child’s current health status and medical history; a determination of strengths, needs, quality of performance, and level of functioning of the child in each developmental area; and an explanation of how the status in each of the developmental areas affects the child’s overall functioning. A written report summarizing findings completes the evaluation.

Evaluation (for Part B preschool special education and related services) – means the process through which a child is determined to be a child with a disability and eligible for special education and related services. This involves review of current information about the child provided by the parents, teachers, early interventionists, related services personnel, and other individuals knowledgeable about the child’s abilities and present levels of performance. This may include, but by no means is limited to formal assessments of the child’s functional abilities in each developmental domain. A written report summarizing findings completes the evaluation.

FAPE – the term Free Appropriate Public Education or FAPE means special education and related services that a) are provided at public expense, under public supervision and direction, and without charge; b) meet the standards of the SEA including the requirements of 34 CFR Part 300; c) include preschool, elementary school, or secondary school education in the state; and d) are provided in conformity with an individualized education program (IEP) that meets the requirements of 34 CFR Part 300.340-300.350.

Head Start – means a program, funded under Title V of the Economic Opportunity Act of 1964, as amended, and carried out by a Head Start agency or delegate agency, that provides ongoing comprehensive child development services.

Individuals with Disabilities Education Act (IDEA) – means a federal law that contains requirements for serving eligible children. Part C of IDEA refers to The Early Intervention Program for Infants and Toddlers with Disabilities. Part B of IDEA refers to Assistance to States for the Education of Children with Disabilities.

Individualized Education Program (IEP) – means a written statement for a child with a disability that is developed, reviewed and revised in a meeting in accordance with requirements of IDEA, Part B.

Individualized Family Service Plan (IFSP) – means the written plan for providing early intervention services to an eligible child and the child’s family. The plan must be developed jointly by the family and appropriate qualified personnel involved in the provision of early intervention services and include the identification of supports and services necessary to enhance the family’s capacity to meet the developmental needs of the eligible infant or toddler. The plan must be developed in accordance with the requirements of IDEA, Part C.

Interagency Agreement – means a document signed by authorized representatives of at least two agencies outlining mutually agreed upon responsibilities to perform certain duties under specified conditions. Interagency agreements include Joint Powers’ Agreements, Memoranda of Understanding and Memoranda of Agreement.

Local Education Agency (LEA) – means the public schools operating as independent districts in accordance with statues, regulations, and policies of the State Department of Education.

Parent – means a natural or adoptive parent of a child; a guardian; a person acting in the place of a parent (such as a grandparent or stepparent with whom the child lives or a person who is legally responsible for the child’s welfare); or a surrogate parent who has been assigned in accordance with state regulations. A foster parent may act as a parent under the Act if the natural parents’ authority to make the decisions required of parents has been terminated under state law; and the foster parent has an ongoing, long-term parental relationship with the child; is willing to make decisions required of parents under the Act; and has no interest that would conflict with the interests of the child.

Professional Judgment – means a process by which a team organizes and weighs information about a child. This
information includes impressions regarding skills, abilities, weaknesses in developmental processes, emotional and temperamental patterns as well as more traditional testing information. While individual judgments are part of the team’s decision-making process, no single person can determine eligibility via professional judgment. It is a team decision. A team consensus may be one way to determine a preschool aged child’s eligibility for special education and related services in the category of “Developmentally Delayed.”

School Year – means the fall and spring dates established by each district/LEA which mark the first and last day of school for a given year.

Service Coordination – means services and activities performed by a designated individual to assist and enable the families children from birth through age three years to access and receive early intervention services.

Service Coordinator – means the person responsible for the coordination of all services and supports listed on the IFSP and ensuring the delivery of services in a timely manner. The service coordinator facilitates periodic reviews of the IFSP and  ensures that a transition plan is developed at the appropriate time. The service coordinator facilities the transition process to ensure a smooth and effective transition.

State Supported Schools – means a state supported public program confirmed as such by the State Constitution. State supported schools are State Universities, the Youth Authority Programs, the New Mexico Military Institute, the New Mexico School for the Visually Handicapped, and the New Mexico School for the Deaf.

Transition – means the process for a family and eligible child of moving from one service, location, or program to another. This process includes discussions with, and training of, parents regarding future placements and other matters related to the child’s transition; procedures to prepare the child for changes in service delivery, including steps to help the child adjust to and function in a new setting; and with parental consent, the transmission of information about the child to a program into which the child might transition to ensure continuity of services, including evaluation and assessment information required and copies of IFSPs that have been developed and implemented.

90 Day Conference – means the required conference convened at least 90 days before the child is eligible to transition from early intervention services for the purpose of ensuring a smooth and effective transition.

II. PURPOSE OF AGREEMENT

The purpose of this agreement is to ensure the smooth and effective transition of children and families as they move from early intervention services under Part C into other programs and services. This agreement is articulated to ensure a seamless system of transition between agencies for the benefit of children and families residing in the State of New Mexico.

III. TERMS OF AGREEMENT

The parties shall ensure smooth and effective transitions for children and families receiving Part C services and in need of Part B services, Head Start services, services provided through NMSVH and NMSD, and early care, education and family support services. The parties entering into this agreement shall collaborate to ensure a seamless system of transition for children and families as they move from early intervention services to other programs and services. The parties agree to the following:

A. REGULATIONS, POLICIES AND PROCEDURES

• DOH and SDE shall establish respective regulations, policies and procedures that ensure the smooth and effective transition of children and families participating in the Part C early intervention program who are eligible for participation in preschool programs under Part B
• All other signatory agencies shall establish policies and procedures, as appropriate and relevant, to the transitioning of children and families
• All parties shall collaborate on the formulation of regulations, policies and procedures in order to ensure coordination and understanding among departments and agencies.
• Policy XIX – New Mexico School for the Deaf Special Education Policies and Procedures:
• STATE SUPPORTED EDUCATIONAL PROGRAMS – (A) Children who are deaf or hard of hearing are referred to/placed at NMSD by their local education agency as a means of providing special education and related services. Services provided to children who are deaf or hard of hearing at NMSD are in conformance with an IEP; at no cost to the parents(s). NMSD is accredited by the New Mexico State Board of Education. Students at NMSD have all rights of a child with a disability who is served by LEA. When LEA determines that it is unable to meet the needs of the child as specified on the child’s IEP, the LEA may refer the child to the NMSD. The LEA remains responsible for assuring the provision of a free appropriate public education to the child. Responsibility for services for children placed at NMSD are defined by the IEP, jointly developed with the LEA, the NMSD, and
• the parent(s). On an annual basis, LEA, NMSD, and the parent(s) jointly review the child’s IEP at a site specified in the original agreement.
• New Mexico School for the Visually Handicapped Policy and Procedures:

(A) Children with visual impairment, including blindness, that even with correction adversely affects a child’s educational performance, are referred or are placed at NMSVH by their LEA as a means of providing special education and related services.

(B) PARENT AND FAMILY INVOLVEMENT Children birth to three years of age who reside in the state and meet the criteria within state regulation for “Developmental Delay”, “Established Condition”, or “At Risk for Developmental Delay”, are referred or are placed at NMSVH by their LEA as a means of providing special education and related services.

NMSVH is accredited by the New Mexico State Board of Education. Students are NMSVH have all rights of a child with a disability who is served by an LEA. When the LEA determines that it is unable to meet the needs of the child as specified on the child’s IEP, the LEA may refer the child to NMSVH. The LEA remains responsible for assuring the provision of a free appropriate public education to the child. Responsibility for services for children placed at NMSVH are defined by the IEP team, jointly developed with the LEA, NMSVH and the parent(s). On an annual basis, LEA, NMSVH, and the parent(s) jointly review the child’s IEP at a site specified in the original agreement.

B. PARENT AND FAMILY INVOLVEMENT

• All signatory parties shall honor the family’s right to full disclosure of information in order to make informed decision.
• All signatory parties shall honor the family’s option to choose the service or program that meets the needs of the child and family. This option may include the discontinuation of services.
• All signatory parties shall honor the family’s option of having the child complete the school year in the early intervention program (Part C) or enrolling the child in the public school’s preschool program (Part B), if the child’s third birthday occurs during the school year and if the child is eligible for Part B services.
• Signatory parties shall ensure that parent participation is integral to the formulation of regulations, policies and procedures.
• Signatory parties shall ensure that parent participation is integral in the evaluation and continuous improvement efforts of the system.

C. TRANSITION RESPONSIBILITIS – Signatories agree to the following responsibilities:

TRANSITION PLANNING

Part C Department of Heath	Part B State Dept. of Educ.	Head Start Early Head Start	Children, Youth and Families Department
Transition planning shall begin early enough to allow the parents to exercise all their right sunder state and federal statues and regulations. Transition planning must be undertaken for each child and family at least 6 months before the child is eligible to transition from early intervention services. Transition planning shall be a process involving meeting(s) and progressive steps toward the smooth and effective transitioning of each child and family.	LEA will support parent and family involvement in transition planning with Part C programs, community programs and related services providers at least six months before the child is eligible to transition from early intervention services.   LEA will assist families in becoming partners in their child’s educational team for the duration of their child’s education.	Transition planning must be undertaken for each child & family at least 6 months prior to the child’s third birthday.	Support and training of early care, education and family support personnel in the importance of transition as well as federal and state guidelines and regulations in that regard. Support and training of parents seeking early care, education and family support services
In a timely manner, the early intervention provider shall notify the local education agency of children that reside in the geographic area served by the LEA that may be eligible for preschool special education services.

 

IFSP-IEP PROCESS AND SERVICE DELIVERY

Part C Department of Health	Part B State Dept. of Educ.	Head Start Early Head Start	Children, Youth and Families Department
Steps/actions shall be identified and included in the IFSP which support the child and family and ensure a smooth and effective transition that leads to successful outcomes. With involvement of the parents, such steps/actions shall include, at a minimum: 1)  Discussions with the parents regarding future program/service options to include preschool special education service and other community services that may be available and appropriate; representatives from these programs and services shall be included in these discussions to ensure an informed decision 2)  Preparing the child and family for the changes and adjustments to a new setting;  3)  With parental consent and in accordance with regulation, the transmission of information to include evaluation and assessment information and copies of IFSPs to ensure continuity of services. 4)  Assisting parents and families to develop the skills and acquire the information needed for continued advocacy of their child’s needs.	LEA will participate in and support efforts for smooth and effective life span transitions. LEA will establish & maintain procedures to support successful transitions including parent training; professional development for special educators and general educators; student and parent self-advocacy training and education. Assist parents in becoming their children’s advocate as they transition through systems. As a team including parents, conduct a review of existing evaluation data including evaluations and information provided by the parents of the child; current observations and information provided by teachers and related services providers; and based on that review, identify what additional data, if any, are needed. The team consensus will determine eligibility.	Participate in & support efforts for smooth and effective transition Assist parents in becoming their children’s advocate as they transition Address strategies for the transition of children into Head Start from infant/toddler programs (0-3). Include preparation of staff and parents for the entry of children with severe disabilities into the Head Start program Transition procedures must include: 1) Coordination on records transfer 2) Communication to facilitate continuity of programming 3) Meetings to discuss the developmental progress and abilities of individual children 4) Joint transition-related training  Head Start must: 1) Provide education and training to parents to prepare them to exercise their rights and responsibilities concerning the education of their children 2) Assist parents to communicate with teachers and other school personnel so that parents can participate in decisions related to their children’s education.	Support and training of early care, education and family support personnel in the federal and state requirements of the IFSP-IEP process as well as their potential role in that regard.
The parents of an eligible child participating in early intervention services who turns three (3) years of age during the public school year shall have the option of having the child complete the remainder of the school year in either early intervention services or the public school’s preschool special education services covered under the Individuals with Disabilities Act; or, they may elect to enroll the eligible child in the public school’s preschool special education services from the beginning of that public school year.		To be eligible for Head Start child must be 3 years old by the date used to determine eligibility for public school in the community in which the Head Start program is located.