New Jersey

Memorandum of Understanding among New Jersey Department of Education, New Jersey Department of Health and Senior Services, Region II Administration for Children and Families New Jersey Head Start Collaboration Project Region XII Migrant Head Start Branch and New Jersey Head Start Association

Purpose
Expected outcomes
Potential points of collaboration between local agencies
     Family/Parent Involvement
     Confidentiality
     Child Find
     Cultural and Linguistic Diversity
     Screening
     Referral
     Evaluation
     Eligibility
     Individual Family Service Plan (IFSP)/Individual Education Plan Development and Implementation
     Service Delivery
     Transition
     Training and Technical Assistance
     Agreement Review
Appendices
     Definitions
     Resources
     State of New Jersey Memo re: Least Restrictive Environment

PURPOSE

This agreement replaces and expands the Memorandum of Understanding (MOU) from 1985 while maintaining its spirit of encouraging collaboration among participating agencies. It is expected that coordination of services will result in continuity of services and will maximize resources for children with disabilities and their families, from birth through five years of age utilizing a variety of options and settings.

The purpose of this Memorandum Of Understanding (MOU) is to facilitate cooperation, support, and coordination among the following: (1) Local Education Agencies (LEA’s), (2) Regional Early Intervention Collaboratives (REIC’s), (3) Special Child Health Services-Case Management Units (SCHS-CMU’s), (4) Early Intervention Providers (EIP’s) and, (5) Head Start , in their respective efforts to maximize resources to serve children with disabilities, birth through five years of age, and their families throughout New Jersey. Participants from all agencies 2 involved in this agreement will be invited when meetings are held that have outcomes that will affect services for children with disabilities from birth through five years of age on the state level.

All of the agencies involved are mandated to serve children with disabilities. This shared mandate provides an opportunity for the formation of partnerships. Working together, the agencies will seek to improve the system that identifies children who are in need, and provides services for identified children. The partners will maximize the use of resources due to the increased opportunities for contacts that will facilitate communication as well as the coordination of planning and service delivery. In addition to specifying the roles and responsibilities of participating agencies, this agreement provides guidance for implementation as well as a framework for the development of local collaborative agreements.

EXPECTED OUTCOMES

It is agreed that the potential benefits from cooperation among partners include the following:

Improved access to the systems for families and their children who will be recipients of services and identification of children who will be eligible for services under the Individuals with Disabilities Education Act (IDEA);
Increased availability and ease in accessing a full range of appropriate services and supports for children and families from multiple systems;
Maximum utilization of funds and resources;
Increased collaboration with respect to shared expertise and planning based on priorities, resources and concerns identified by the families of eligible children;
Increased coordination to minimize unnecessary duplication and fragmentation while determining areas in which resources need strengthening;
Increased satisfaction of families with respect to services and supports;
Greater clarification of the mandated responsibilities of all partners i.e., NJ Department of Education, LEA’s, MS Department of Health and Senior Services, EIP’s and Head Start;
Improved coordination of services to families and their children with disabilities served by Part B and Part C of IDEA and the Head Start Act;
Increased coordinated training to support collaboration between local agencies;
Increased training and technical assistance to all local agencies to increase staff/parent knowledge and understanding of national, state and local goals and policies regarding services and responsibilities for children with disabilities;
Increased opportunities for staff to from local school districts, Early Intervention Programs and local Head Start programs, meet together to discuss mutual accomplishments and concerns, mandated responsibilities and available services;
Increased availability of individuals familiar with the linguistic and cultural background of families of children with disabilities that will ensure that parents receive information in their preferred language; and,
Identification of shared responsibilities so that LEA’s, EIP’s and Head Start can develop joint operational strategies for the promotion of inclusive services for families and their children with disabilities from birth to five in the least restrictive environment/natural environment, as applicable.

Potential Points of Collaboration Between Local Agencies

New Jersey Department of Education, New Jersey Department of Health and Senior Services, and Region II Department of Health and Human Services will work collaboratively to encourage the development of local agreements.

The following shared responsibilities are suggested to be addressed in local agreements among , LEA’s, EIP’s, and Head Start:

FAMILY/PARENT INVOLVEMENT

In recognition that the parent is the child’s first and most significant teacher, the NJ Department of Education, the NJ Department of Health and Senior Services and Head Start, will affirm and value the parent’s role as an equal partner on their child’s team. The Department of Education, the Department of Health and Senior Services and Head Start, will promote the development and dissemination of information to parents and local agencies that will support equal partnerships in the process of planning, decision making, documentation and provision of services for their children.

LEA’s, EIP’s and Head Start, agree to encourage open communication with parents, sharing information on available early childhood special education services and resources in local areas, for example, offering joint workshops on related topics, such as, parenting, disabilities, behavior management, etc.

CONFIDENTIALITY

Confidentiality of information is required for the protection of children and families. In recognition of the right of families to restrict access to personal information, written parental consent must be obtained by agencies, prior to any exchange of personally identifiable information regarding individual children. Local agencies must follow established administrative practices and procedures to ensure confidentiality of personally identifiable data, information or records pertaining to a child with a disability and his/her family. Clear explanations of these procedures and policies should be given to parents.

CHILD FIND

The agencies agree to actively disseminate information to the community on the means to access and obtain services that are available to families and their children with disabilities from birth through five years of age throughout New Jersey. In communities in which large numbers of families speak a language other than English, every effort should be made by agencies to provide this information in the language of the families.

CULTURAL AND LINGUISTIC DIVERSITY

Agencies will recognize the significance that language and culture play in people’s lives and reflect sensitivity to the languages and cultures of all participants in all interactions. Cultural responsiveness shall be enhanced through capacity building in all aspects of service delivery including Child Find, public awareness, policy development, professional development, child and family evaluation/assessment and ongoing service provision.

SCREENING

The Head Start Performance Standards specify that the identification of children who may have disabilities begins with standardized health and developmental screenings. Head Start screenings must occur within 45 calendar days of the child’s first day, following age appropriate, culturally and linguistically sensitive procedures. As a commitment to Child Find and early identification, local agencies are encouraged to explore ways of coordinating these screenings with Head Start.

Screening results will be shared with parents in their preferred language or mode of communication. Parents whose children are suspected of having a disability as determined by screenings, teacher observation, parental concern, and/or other available information, will be provided with information regarding the appropriate referral process.

REFERRAL

All agencies will consider the referral of an enrolled child and his/her family a referral to the system. Therefore all agencies have a responsibility to share information and make referrals for all available services that may be related to the child and family’s needs. Parents shall be actively involved in and informed of all aspects of the referral process as well as of all known options. As part of the referral process, parents will be informed of their rights and those of their children, including the right to verbal and written information in their preferred language or other mode of communication as well as their right to actively participate in all decision making in the initiation of a referral.

All agencies will recognize the importance of identifying all eligible children with disabilities so that they may receive appropriate Early Intervention or special education/related services in either Natural Environments or the Least Restrictive Environment (LRE).

EVALUATION

For children under three, the family is referred to Special Child Health Services where a service coordinator is assigned and will arrange the evaluation for the child. The service coordinator shall assist families through this process. Head Start, with written parental consent, will provide a copy of available pertinent information to the child’s service coordinator. After the evaluation is completed, the service coordinator will ensure that Head Start receives reports.

For children turning three, evaluations can be conducted ninety days or less prior to their third birthday, by the Child Study Team (CST).

For children three to five, the family is referred to the local school district, with written parental consent, for evaluation. Head Start will provide pertinent information on health/developmental screening and assessments and/or evaluation that may be shared with the CST for the purpose of the Identification Meeting. Head Start medical records will be made available, again with written parental consent, as part of the Identification Meeting. The parent and members of the CST will determine if the child is potentially eligible for special education and related services. If this is determined, an evaluation plan will be developed. Evaluations on the plan will be completed within ninety days of parental consent. Evaluation will be conducted in the child’s primary language. Head Start staff will assist the LEA in identifying individuals to conduct evaluations in the child’s primary language and/or assist in providing individuals as translators in evaluations when requested. All communication with the family will also be done in their preferred language or mode of communication.

After the evaluation is completed, the CST Case Manager and the Head Start Disability Manager will ensure that Head Start receives evaluation reports.

ELIGIBILITY

For children under three, demonstrated developmental delays of 25 to 33%, or a diagnosed physical or mental condition that has a high probability of resulting in developmental delays determine eligibility.

For children, age three to five, when the comprehensive evaluation of a preschool child is completed by the multidisciplinary team, an Eligibility Meeting is held. At this meeting, parents are given a copy of the evaluation reports. If the Head Start teacher is the child’s regular education teacher, the Head Start teacher should be invited along with other persons invited by the parent. The determination of eligibility will be made collaboratively by participants.

In those instances in which a child is found ineligible by the CST, then Head Start will determine eligibility in accordance with the eligibility criteria in the Head Start Regulations.

INDIVIDUAL FAMILY SERVICE PLAN (IFSP)/INDIVIDUAL EDUCATION PLAN (IEP) DEVELOPMENT AND IMPLEMENTATION

For children under three, if determined eligible, the Early Intervention Service Coordinator through Special Child Health Services Case Management will facilitate and ensure the process for the development of the an initial IFSP meeting. This meeting shall be held within 45 calendar days of the referral date. Results of evaluations and assessments will be reviewed, and the child and family concerns, priorities, and resources will be considered in the process of developing the IFSP. The plan identifies services and resources needed to address the outcomes. Since Free Appropriate Public Education (FAPE) does not apply to children from birth to three in New Jersey, the IFSP specifies payer for services. If the child is enrolled in Head Start, the child’s Head Start regular education teacher will be a member of the team, along with the appropriate professionals, specialists, and special education teacher.

For children three to five, the IEP shall be developed at a meeting within 30 calendar days of the determination of eligibility for special education and related services.

At the IEP meeting of children enrolled in Head Start, the child’s Head Start regular education teacher will be a member of the team, along with the appropriate professionals, specialists, and special education teacher. In addition to the specialists’ assessments of the child’s strengths and needs, the parents’ knowledge of the child’s achievements, interests, and potential shall be reflected in the plan.

The IEP team will determine the most appropriate placement for the child in light of the evaluation results and the LRE requirements as mandated in IDEA-Part B.

All professionals present at either the IFSP or the IEP meeting shall recognize the leadership role of parents in the development of plans related to expectations for the child as written in goals and objectives.

For children transferring to New Jersey with an IFSP or IEP from other states, the EI team or the CST, as appropriate to the age of the child, will review records recognizing that time is of the essence. If Head Start has knowledge of the child’s anticipated move from another state, records will be shared prior to the child’s entry, with parental consent. Once eligibility is established, consideration will be given to providing as much continuity of services as specified in the original IFSP/IEP, as possible.

SERVICE DELIVERY

For the child under three, all special services shall be provided in the natural environment as specified by Part C of IDEA unless it is determined that the outcomes cannot be successfully achieved in the natural environment.

For the child three to five, all special services shall be provided in the LRE unless it is determined that this cannot be successfully accomplished in the LRE.

In order to comply with IDEA, special education will be provided in an inclusive setting whenever determined appropriate for the individual child. Head Start centers may be considered appropriate settings for inclusion pursuant to the New Jersey Administrative Code, Chapter 14 specifies that a child with a diagnosed disability may be placed in an early childhood program operated by an agency other than a board of education. Services or program will be determined by the child's IFSP/IEP, which may include educators or specialists, e.g. special education teacher, speech therapists, occupational therapists, physical therapists, counselors, etc.

Head Start teachers will implement modifications to classroom activities that will reflect the goals and objectives of the IFSP and the IEP as well as reinforce therapy goals. In those situations in which children attend part time special education programs in self-contained classes and part time Head Start programs, meetings as determined by the child’s IEP, will be held periodically between special services staff, Head Start staff, and parents to ensure coordination and integration of services. The IFSP/IEP team may consider the role of the special education teacher in provision of special services in the Head Start classroom. The IFSP/IEP team may consider how communication among staff will occur to achieve reinforcement of shared goals and how communication will occur among team members on the child’s accomplishments in response to significant strategies.

Transportation services will be determined by the child's IEP. When Head Start is specified on the IEP as an appropriate placement, transportation, as a related service, will be discussed at the IEP meeting. For children who do not reside in the Head Start transportation areas, and whenever special circumstances are present, transportation, as a related service will be discussed at the IEP meeting.

TRANSITION

When a child with a disability and his/her family transition from Early Intervention/Early Head Start to preschool, a transition conference is scheduled by the service coordinator. Parents will be informed of the inclusive services available through Head Start, and, if the parents wish to consider enrollment in Head Start, the Disabilities Services Manager will be invited to the transition planning conference. Specialists who have worked with the child, the parent, the Early Head Start staff come together with the CST representative and the Head Start Disabilities Services Manager to plan continuation of services for the child and family.

When a child with a disability and his/her family transition from preschool to kindergarten, the CST convenes an identification meeting of specialists, the family, the regular Head Start teacher, and the prospective kindergarten teacher, if possible. At this meeting, the results of the re-evaluation plan are reviewed and the plan for the following year is developed.

With informed, written parental consent, children’s records can be shared with the receiving program. Based on a review of records, the IFSP or the IEP, parental and teacher information, as well as current evaluation reports, decisions regarding future services will be jointly made at the transition meeting.

TRAINING AND TECHNICAL ASSISTANCE

Since all agencies recognize their shared responsibility to ensure that jointly served eligible children with disabilities receive the services for which they are entitled under IDEA and the Head Start Regulations, technical assistance will also be a joint responsibility. Training calendars will be shared so that all programs staff will have the opportunity to participate in joint workshops and share pre -service/in -service training and technical assistance on a variety of topics (i.e., curriculum, inclusion, collaboration).

All agencies also realize their shared responsibility in assisting parents in obtaining information on child development, understanding the special needs of their child and, accessing needed community resources for their child. The Service Coordinator in EI, the Case Manager in the School Districts and Disabilities Services Specialist/Manager in Head Start work in partnership in this effort and encourage parents to participate in Regional, State and local training and technical assistance activities offered. The Region II Head Start Training/Technical Assistance Quality Improvement Center for Disabilities Services will support and facilitate the development of collaborative training events.

AGREEMENT REVIEW

All collaborative policies and activities are dependent upon Federal and State legislation and will be reviewed periodically. This memorandum may be amended at any time based on mutual agreement of the signing parties or may be terminated by either party upon thirty days written notice. All agencies will review and update local agreements on an annual basis, or as needed.

APPENDIX I

DEFINITIONS

Preschool disabled corresponds to preschool handicapped and means an identified disabling condition and/or a measurable developmental impairment which occurs in children between the ages of three and five years and requires special education and related services.

Special education refers to specially designed instruction, at no cost to parents or guardians, to meet the unique needs of a child with a disability. These services include classroom or home-based instruction, instruction in hospitals and institutions, and specially designed physical education if necessary.

Children with disabilities are children with mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments or specific learning disabilities; and who, by reason thereof need special education and related services.

The term children with disabilities for children aged 3 to 5, inclusive, may at a State’s discretion, include children experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one of more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and who, by reason thereof need special education and related services.

Child Study Team is an interdisciplinary group of appropriately certified persons who shall evaluate and participate in the determination of eligibility of pupils for special education and/or related services. For pupils ages three to five, the child study team shall include a speech correctionist or speech/language specialist in addition to the school psychologist, a learning disabilities teacher/consultant and school social worker.

Confidentiality means that access to information on children with disabilities is restricted and public labeling of child is avoided.

Eligibility criteria is criteria for determining that a child enrolled in Head Start requires special education and related services because of a disability.

Individuals with Disabilities Education Act is a federal law that was passed in 1991 and reauthorized in 1997. This law reauthorizes and amends the Education for All Handicapped Children Act(PL94-142).

Individualized Education Program is a written plan for children over three years of age, who are diagnosed with a disability. The IEP is developed at a meeting by parents and professionals, and sets forth goals and measurable objectives and describes an integrated, sequential program of individually designed educational activities and/or related services necessary to achieve the stated goals and objectives. This plan establishes the rationale for the pupil’s educational placement, serves as the basis for program implementation, and complies with the mandates of the public agency responsible for providing free appropriate public education for children found eligible.

Individualized Family Services Plan is a written plan for children from birth to three, who are diagnosed with a disability. The IFSP is developed by the parent and a team of professionals and identifies goals and measurable objectives that determine the specific services required.

Least Restrictive Environment is defined as the placement of children with disabilities in settings with children without diagnosed disabilities so that the child with a disability can participate with nondisabled children to the maximum extent appropriate, as a part of the full continuum of services which are required by the child. (see Appendix III—Memorandum dated May 24, 1999 from Barbara Gantwerk, Director, Office of Special Education Programs in which IDEA requirement re: LRE is explained).

Natural Learning Environments are defined as the places where children experience everyday, typically occurring learning opportunities that promote and enhance behavioral and developmental competencies.

Screening, the first step in the Head Start assessment process, consists of standardized health screening and developmental screening which includes speech, hearing and vision. It is a brief process, which can be repeated, and is never used to determine that a child has a disability. It only indicates that a child may need further evaluation to determine whether the child has a disability and must take place within 45 days of the child’s entry into the program.

Developmental Screening is a brief check which provides information in three major developmental areas: visual/motor, language and cognition, and gross motor/body awareness for

use along with observation data, parent reports and home visit information. Standardized developmental screening instruments are used.

APPENDIX II

Resources

Head Start Program Performance Standards CFR 1304
Head Start Program Performance Standards CFR 1305
Head Start Program Performance Standards CFR 1308
New Jersey Administrative Code, Title 6A, Chapter 14

APPENDIX III

Memo dated May 24, 1999 from Barbara Gantwerk, Director, Office of Special Education to Chief School Administrator, et al.

In this agreement, the term “Head Start: is used to refer to Early Head Start, preschool Head Start and the Migrant Head Start programs as well as the Region II Training and Technical Assistance Quality Improvement Center for Disabilities and the New Jersey Head Start Association.

In this agreement, the term agencies is used to refer to all parties.