The purpose of this Memorandum of Understanding is to assure collaboration in the development of statewide, comprehensive, coordinated, multidisciplinary, and interagency service delivery for preschool children ages three to five with disabilities and their families, including migrant children and their families.

This Memorandum of Understanding is intended to foster and facilitate an interactive, collaborative relationship at the state level to minimize fragmentation and unnecessary duplication of services and support, and to assist local school systems and Head Start programs to develop a continuum of services designed to provide free, appropriated, public education to preschool children with disabilities in the least restrictive environment.

MISSION STATEMENT

The Georgia Department of Education (DOE), Division for Exceptional Students, the Georgia Head Start Association and the East Coast Migrant Head Start Project are committed to collaborate in providing educational and human services to all identified and eligible preschool children ages three to five and their families who require these services. All three agencies support that early identification and intervention as crucial and, family involvement as a key element to successful programming.

SERVICE MANDATES

Several federal and state laws and regulations govern the Georgia Department of Education, Division for Exceptional Students, the Georgia Head Start Association, and the East Coast Migrant Head Start Project in serving preschool children with disabilities and their families. These laws and regulations establish responsibilities that can be more effectively met' through collaborative efforts which provide an opportunity to improve services and maximize resources.

FEDERAL MANDATES

Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act, Sections A-G, provides for a free appropriate public education for children with disabilities, ages three through twenty-one.

General supervision of the program is the responsibility of the Georgia Department of Education, Division for Exceptional Students.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act provides "comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services and telecommunications."

Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act prohibits discrimination on the basis of a physical or mental disability. This legislation applies to every federally assisted program or activity in the country.

P.L. 92-424

The legislative mandate for Head Start is the Economic Opportunity and Community Partnership Act of 1972 which required ". . . that for Fiscal Year 1973 and thereafter, no less than ten percentum of the total number of enrollment opportunities in Head Start programs in each state shall be available for handicapped children... and that services shall be provided to meet their special needs."

CFR45 Part 1308

This section of the Head Start Performance Standards consolidates, clarifies, and updates existing Head Start policies regarding services to children with disabilities.

Transmittal Notice 80.4

Head Start services to children with disabilities are delivered in the context of and influenced by the requirements in Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990.

The Head Start Reauthorization Act

Every four years the Head Start Reauthorization Act will include major national initiatives for Head Start programs.

STATE LEGISLATION

The Quality Basic Education Act allows for the identification and provision of services to students with disabilities.

The Georgia Special Education Rules set forth the specific requirements for the implementation of federal mandates governing special education.

FINANCIAL RESPONSIBILITY

All three agencies will participate in identification and provision of collaborative use of federal, states, local and community resources for the provision of comprehensive services to preschool children with disabilities and their families. All the agencies agree to assure a maintenance of effort in the allocation of funds and resources to deliver comprehensive services to preschool children with disabilities and their families in Georgia.

OBJECTIVES

The objectives of this Memorandum of Understanding are:

1. To identify and clarify legislative mandates, and roles and responsibilities for local school systems and Head Start programs in providing services to preschool children with disabilities and their families.

2. To provide a framework for the development of memoranda of understanding and collaborative efforts between Head Start programs and local school systems.

3. To maintain and increase utilization of local community resources in providing special education and related services to preschool children with disabilities and their families.

4. To maintain and increase collaboration of services to preschool children with disabilities and their families.

5. To facilitate the transition of preschool children with disabilities between Head Start and local school systems.

SUGGESTED AREAS OF COLLABORATION

Following the applicable state and federal laws, regulations, standards and guidance, and recognizing that interagency collaboration occurs on a multilevel continuum which includes state, regional, and local activities, each agency shall collaborate in the development of relationships and Memoranda of Understanding which allow for the greatest opportunities for success in providing comprehensive services to preschool children with disabilities and their families.

Memoranda of Understanding between local school systems and local Head Start programs define relationships and specify areas for collaboration most appropriate to their local situations, and include, but are not limited to the following:

1. COMMUNICATION

To develop networks for the purpose of establishing and maintaining ongoing and regular communication.

2. CHILD FIND/SCREENING

To locate, recruit and screen preschool children in accordance with federal and state mandates.

3. REFERRAL FOR EVALUATION

To establish compatible procedures for mutual referral of preschool children with disabilities, consistent with Georgia Special Education Rules.

4. COMPREHENSIVE EVALUATION

To assure that preschool children with suspected disabilities are identified in accordance with federal and state regulations. Members of all three agencies are encouraged to be included on multidisciplinary teams.

5. INDIVIDUALIZED EDUCATION PROGRAM DEVELOPMENT (IEP)

To collaborate in the development of an IEP for each preschool child with a disability, for placement in the least restrictive environment.

6. TRANSFER OF SERVICES

To collaborate in the implementation of an existing IEP when a preschool child with a disability transfers from one service area to another, whether in-state or out-of-state consistent with Georgia Special Education Rules.

7. RELATED SERVICES

To develop collaborative strategies for providing related services included in the IEP.

8. FAMILY SERVICES

To collaborate in providing services to families consistent with meeting the needs of the preschool child as identified in the IEP.

9. TRANSITION

To assure a smooth transition of preschool children with disabilities and their families between Head Start programs and the public schools consistent with Georgia Special Education Rules.

10. SHARED RESOURCES

To develop a system of shared resources including personnel, translation services, transportation systems, in_service training (e.g., staff development, consultation, technical assistance), classroom space, resources libraries and equipment. For example, local school systems and Head Start programs may negotiate an exchange of personnel and/or service with or without exchange of funds.

11. INFORMATION SYSTEMS

To develop compatible systems for collecting and reporting information on served preschool children with disabilities and their families and the services provided. For example, the use of common or similar referral and IEP forms, and release of information forms would facilitate communication among agencies and expedite services to preschool children with disabilities and their families.

ADMINISTRATIVE PROCEDURES

DATE OF EFFECTIVENESS.

This Memorandum of Understanding shall become effective with the signatures of the Superintendent of the Georgia Department of Education, the Associate Commissioner of Head Start Bureau, the President of the Georgia Head Start Association, and the Executive Director of the East Coast Migrant Head Start Project and shall continue from year to year unless a signatory notifies the others, in writing, that the Memorandum of Understanding will be canceled or terminated. A sixty day notice shall be given prior to termination.

AMENDMENTS

This memorandum may be amended by the written request of any Agency. Any proposed amendment or modification shall be submitted to the other party at least thirty (30) days prior to formal discussion or negotiation of the issue. Each agency Head or duly authorized represented must concur on any amendments.

DISPUTE RESOLUTION

If there are disputes between the agencies concerning this Memoranda, the agency heads agree to confer to resolve the dispute. If this does not lead to resolution, the agency heads agree to pursue mediation with a trained/certified mediator who is acceptable to all agencies. If mediation does not lead to resolution, all agency heads may pursue other administrative or legal remedies.

To this end, the signatories below are affixed and the agreement is executed on the last date of signature.

[Signatures]