Wyoming

Memorandum or Understanding between the Wyoming Department of Education, Wyoming Department of Health/Developmental Disabilities Division and the Wyoming Head Start Association

Parties
Term of MOU
Payment
Joint Responsibilities of the Wyoming Department of Health/Developmental Disabilities Division, Wyoming Department of Education, and the Wyoming Head Start Association
     Goal Statement
     Dissemination
     Suggested Areas of Collaboration
          Communication
          Child Identification (Child Find)
          Family Activities
          Assessment/Evaluation
          Service Provision to Eligible Children
          Related Services
          Transitions
          Shared Resources
          Record Keeping
     Fiscal and Administrative Considerations
     Review
General Provisions
     Amendments
     Applicable Law
     Entirety of Agreement
     Prior Approval
     Severability
     Sovereign Immunity
     Third Party Beneficiary Rights
Signatures

Parties. This Memorandum of Understanding (hereinafter referred to as “MOU”) is made and entered into by and between the Wyoming Department of Education, whose address is 2300 Capitol Avenue, Hathaway Building, 2 nd Floor, Cheyenne, WY 82002-0050, the Wyoming Department of Health/Developmental Disabilities Division, whose address is 186E QWEST Building, 6101 Yellowstone Road, Cheyenne, WY 82002 and the Wyoming Head Start Association, whose address is WHSA, P.O. Box 1942, Gillette, WY 82717.

Purpose. This document pertains to preschool programs administered by Head Start/Early Head Start, Shoshone/Arapahoe 0-5, and Migrant Head Start (hereafter referred to as Head Starts); Child Development Centers (hereafter referred to as CDCs); and Local Education Agencies (hereafter referred to as LEAs).

This statewide interagency document is established to encourage agencies listed above to develop and articulate their mutual commitment in serving children with disabilities, ages birth through five, that will maximize services and resources to the children and families they serve. This agreement is intended to be used as a guide for developing local agreements. Coordinated and collaborative efforts among early childhood service providers enhance the ability of individual agencies to meet the special education, early intervention, and related service needs of children and families while at the same time increase cost effectiveness, reduce duplication of services, and maximize the utilization of resources.

Term of MOU. This MOU shall commence upon the day and date last signed and executed by the duly authorized representatives of the parties to this MOU and shall remain in full force and effect until terminated. This MOU may be terminate, without cause, by any part upon thirty (30) days written notice, which notice shall be delivered by hand or by certified mail.

Payment. No payment shall be made to either party by the other party as a result of this MOU.

Joint Responsibilities of the Wyoming Department of Health/Developmental Disabilities Division, Wyoming Department of Education, and the Wyoming Head Start Association.

Goal Statement
To provide guidance for local collaboration among Head Starts, CDCs, and LEAs in developing interagency agreements that will assure all eligible children have access to a full range of services through the joint utilization of resources, are served in the least restrictive and/or natural environment, have the opportunity for family involvement in all services and are transitioned into appropriate community programs.

Dissemination
The Wyoming Department of Education will disseminate this document to their LEAs. The Wyoming Department of Health/Developmental Disabilities Division will disseminate this agreement to the director of each CDC. The Wyoming Head Start Association will disseminate tis document to all Head Start grantees.

Suggested Areas of Collaboration
Head Starts, CDCs, and LEAs are strongly encouraged to develop agreements within the context of this document to define relationships and specific areas of collaboration most appropriate to their local community.

Communication: Head Starts, CDCs and the LEAs should develop an interagency network for the purpose of establishing and maintaining regular and ongoing communications. Purposes of such communications are to prevent duplication of services, better utilization of available funds, and the establishment of a coordinated service system.
Child Identification (Child Find): Under applicable regulations, each LEA or its contracted agency is required to insure that all eligible children are located, evaluated and identified. Each community should have a coordinated plan for referral and identification of all eligible children. This coordinated plan should include personnel from Head Starts, CDCs, LEAs, and other agencies.
Family Activities: The Head Starts, CDCs, and LEAs will conduct and share appropriate information and activities regarding the IEP/IFSP (Individual Education Plan/Individual Family Service Plan) and are encouraged to provide joint trainings, family support groups and workshops. All service providers will be aware of the need for possible translation, multi-cultural assistance and support services for minority populations.
Assessment/Evaluation: CDCs are responsible to conduct and arrange assessments to determine eligibility. Assessment is a term that refers to both a process for determining eligibility and process for program planning and evaluation. Evaluations mustbe multidisciplinary, administered in the child’s native language, be non-biased and culturally free, use multiple instruments, and agencies are strongly encouraged not to duplicate the process for the child and the family, and to accept each other’s information and recommendations as appropriate.
Service Provision to Eligible Children: It is the responsibility of the CDCs to ensure that elgible children are served in accordance with federal and state regulations. The CDCs, LEAs and Head Starts collaboratively serve as members of multidisciplinary teams and/or staffing teams when jointly serving children. The Head Start agency is responsible for determining if the child is eligible for Head Start services in addition to those required by IDEA.
Related Services: Services identified in the IEP/IFSP such as providing physical therapy, occupational therapy, speech/language, etc. shall be coordinated through the CDCs as the lead service provider for eligible children. The CDC shall work collaboratively with Head Starts and LEAs to provide the optimum services for eligible children and cooperation among ervice providers.
Transitions: Participants entering into a local interagency agreement should seek out Head Start and State and Federal (Part B, Part C) regulations regarding transition planning.
Shared Resources: Head Starts, CDCs and LEAs are encouraged to share resources. Suggested shared resources are:

Classroom space
Resource libraries
Transportation
Personnel
Food service
Contracted services
Joint stadd and parent training
Needs assessment appropriate to local situations
Aggregated data

Record Keeping: Efforts should be made to develop a system that would allow for information for planning and coordination of services to be shared across agencies regarding specific children while protecting their confidentiality. Each agency will be responsible for maintaining confidentiality.

Fiscal and Administrative Considerations
Head Starts, Child Development Centers and Local Education Agencies receive funding from different sources, under different rules. These differences have implications for eligibility and capacity within each of these providers and should be recognized as challenges at the local level.

Review
Participants will review this document every 3 years and make joint recommendations for necessary modifications.

General Provisions
1. Amendments. Any party may request changes in this MOU. Any changes, modifications, revisions or amendments to this MOU which are mutually agreed upon by and between the parties to this MOU shall be incorporated by written instrument, executed and signed by all parties to this MOU.
2. Applicable Law. The construction, interpretation and enforcement of this MOU shall be governed by the laws of the State of Wyoming. The courts of the State of Wyoming shall have jurisdiction over any action arising out of the MOU and over the parties, and the venue shall be the First Judicial District, Laramie County, Wyoming.
3. Entirety of Agreement. This MOU, consisting of six (6) pages, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral.
4. Prior Approval. This MOU shall not be binding upon either party unless this MOU has been reduced to writing before performance begins as described upon the terms of this MOU, and unless this MOU is approved as to form by the Attorney General or his representative.
5. Severability. Should any portion of this MOU be judicially determined be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either party may be renegotiate the terms affected by the severance.
6. Sovereign Immunity. The State of Wyoming Department of Education, the State of Wyoming Department of Health/Developmental Disabilities Division, and the Wyoming Head Start Association do not waive their sovereign immunity by entering into this MOU, and each fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this MOU.
7. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of third party beneficiary, and this MOU shall not be construed so as to create such status. The rights, duties, and obligations contained in this MOU shall operate only between the parties to this MOUS, and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are intended only to assist the parties in determining and performing their obligations under this MOU. The parties to this MOU intend and expressly agree that only parties signatory to this MOU shall have any legal or equitable right to seek to enforce this MOU, to seek any remedy arising out of a party’s performance or failure to perform any term or condition of this MOU, or to bring an action for the breach of this MOU.

Signatures. In witness whereof, the parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein.

The effective date of this MOU is the date of the signature last affixed to this page.

Department of Education
Tammy Cox
Deputy Superintendent
September 21, 2004

Department of Health/Developmental Disabilities Division
Clifford E. Mikesell
Interim Administrator, DDD
November 5, 2004

Deborah K Flemming, PhD.
Director, DOH
November 11, 2004

Wyoming Head Start Association
Noamie Niementalo
Wyoming Head Start Association President
August 17, 2004

Attorney General’s Office Approval As To Form
Tom Wilson
Senior Assistant Attorney
General July 8, 2004

Danny Wilde
Senior Assistant Attorney
General July 7, 2004