Memorandum
of Agreement between
the Tennessee
Department of Education and
Region
IV Administration for Children and Families in
partnership with
Tennessee
Head Start and Early Head Start Programs
Tennessee
Head Start State Collaboration Office
Tennessee
Head Start Association
Tennessee
Migrant Head Start, and
The
Region IV Head Start Quality Improvement Center for Disability Services
Purpose
Statement
The
purpose of this partnership agreement is to provide guidance for the
comprehensive, coordinated, and collaborative delivery of developmentally and
individually appropriate services to prekindergarten children (from birth to
age 5) with disabilities and their families. The content of this interagency
agreement is designed to specify the roles and responsibilities of the
participating agencies and to provide guidance for the development and
implementation of local interagency agreements. The Tennessee Department of
Education (TDE) and the Region IV Administration for Children and Families (ACF)
in partnership with the Head Start and Early Head Start programs in Tennessee,
including the Tennessee Migrant Head Start, the Tennessee Head Start
Association, the Tennessee Head Start State Collaboration Office, and the Region
IV Quality Improvement Center for Disability Services are committed to this
purpose.
The
Individuals with Disabilities Education Act requires a free and appropriate
public education for children with disabilities ages three through twenty-one.
It offers incentives for states to provide early intervention services in
natural environments for children with disabilities from birth to age 3. In
Tennessee, responsibility for Part C services for children ages birth to three
and Part B services to children ages 3-21 rests with the Department of
Education.
IDEA Regulations, Assistance to States for the Children With Disabilities and the Early Intervention Program for Infants and Toddlers With Disabilities, 34 CFR Parts 300 and 303
The
Rehabilitation Act of 1973 addresses discrimination against persons with
disabilities of all ages.
Section
504 of this law provides individuals with disabilities with basic civil rights
protection against discrimination in any program that receives federal funding.
The
Americans with Disabilities Act of 1990 extended 504 protection to include areas
of employment, public accommodations, state and local government services, and
telecommunications.
Program Performance Standards for the Operation of Head Start Programs by Grantee and Delegate Agencies 45 C.F.R. Part 1304 and 1308.
Section
1304 of the revised Head Start Performance Standards includes specifications for
services to children with disabilities ages 0 to 3.
Section
1308 of the Head Start Performance Standards consolidates, clarifies, and
updates Head Start policies and procedures regarding services to children with
disabilities ages 3 to 5.
The
Coates Human Services Reauthorization Act of 1998 amended the Head Start Act to
allow the sharing of Head Start purchased equipment and supplies with non-Head
Start participants in collaborative funding arrangements; to require Early Head
Start programs to develop linkages with the agencies providing services under
IDEA to infants and toddlers with disabilities; and to expand the scope of
Migrant Head Start to include services to seasonal farm workers and their
families.
T.C.A.
Title 49-6-101 Preschool
T.C.A.
Title 49-10 Special Education
Head
Start programs (which for the purposes of this agreement include Early Head
Start (EHS) and Migrant Head Start (MHS) unless otherwise specified) are
mandated to have formal partnership agreements with local education agencies (LEAs)
or Part B of IDEA and/or district Tennessee Early Intervention System (TEIS)
agencies or Part C of IDEA in regards to identifying and serving prekindergarten
children with disabilities. Local level agreements should be developed which
will define relationships and specify areas of collaboration most appropriate to
local situations. The intent is to maximize the potential of federal, state and
local resources in meeting the needs of prekindergarten children with
disabilities. Areas of collaboration should include but are not limited to:
A.
Communication
The
Tennessee Department of Education and Head Start will maintain on-going
communication through the Collaboration Office, the Interagency Coordinating
Council, the Advisory Council, the Tennessee Head Start Association (THSA), the
Tennessee Head Start Training and Resource Specialists (HSTARS), and the Region
IV Quality Improvement Center for Disability Services (DSQIC).
At
the local level, systems of communication will be established and maintained.
The LEAs, TEIS, and Head Start should develop and/or participate in interagency
councils for the purpose of establishing and maintaining ongoing and regular
communication. (e.g., the Local Interagency Coordinating Councils and Head
Starts' Policy Councils)
The
Early Childhood Consultants in the Tennessee Department of Education, Division
of Special Education Regional Resource Centers in Knoxville, Nashville, and
Jackson should maintain a system of communication with Head Start agencies and
the HSTARS.
B.
Child Find
LEAs
and TEIS are required to locate, identify, and evaluate children with suspected
disabilities who may be eligible for early intervention/special education and
related services. This applies to highly mobile children (e.g., migrant and
homeless), private school children with disabilities, and children who are
suspected of having disabilities.
Head
Start is required to identify children most in need of services including
children with suspected disabilities.
LEAs,
TEIS, and Head Start should collaborate to disseminate information and increase
public awareness about the importance of early childhood development and the
impact on later school success.
LEAs,
TEIS, and Head Start should coordinate efforts to conduct comprehensive system-wide
child find activities (e.g., joint screenings and health fairs).
C.
Referral and Eligibility Determination
Informed
parent consent will be obtained prior to referral, prior to evaluation, prior to
provision of special education and related services, and prior to reevaluation.
Parents are to be included in each phase of locating, identifying and evaluating
their children suspected of having a disability.
The
Tennessee Department of Education and Region IV Head Start will support and
facilitate referral procedures at the local level and agree to use communication
systems discussed in part A to inform TEIS, LEAs and Head Start programs of
eligibility criteria and subsequent changes.
LEAs
and TEIS should inform Head Start programs about their referral procedures which
should identify a contact person and the requirements for completed referral.
Head Start programs should share information regarding selection criteria and
enrollment priorities with LEAs and local TEIS agencies.
1.
Birth to age 3—referral and eligibility
a.
Early Head Start and Migrant Head Start will refer, with informed parent
consent, all children from birth to age 3 with suspected disabilities to the
local TEIS agency for evaluation and determination of eligibility.
b.
Upon receipt of a referral, TEIS will appoint an incoming service coordinator
who will obtain necessary evaluations to determine eligibility under Part C
within timelines specified in federal and state regulations (see Attachment A).
c.
TEIS
should refer with informed parent consent Head Start eligible families who do
and do not qualify for TEIS services to EHS/MHS for possible services.
d.
Only those children under age three who meet TEIS criteria for eligibility for
services under IDEA will be counted as disabled by the EHS/ MHS program.
2.
Age 3 to 5—referral and eligibility
a.
Head Start will refer with informed parent consent all children ages 3 to 5 with
suspected disabilities to the LEA for evaluation and determination of
eligibility.
b.
Upon receiving a referral the LEA will follow policies and procedures for
evaluation and eligibility determination within timelines specified in federal
and state regulations. (see attachment).
c.
Children ages 3 to 5 who do not meet LEA eligibility criteria may be served as
children with disabilities under Head Start criteria as described in Section
1308 of the Head Start Performance Standards.
3.
Evaluation and assessment
Evaluations
and assessments for children 0-5 years of age will take place in accordance with
IDEA regulations 300.532. A variety of assessment tools and strategies will be
used to gather functional and developmental information about the child
including information provided by the parent and information related to enabling
the child to participate in appropriate activities. No single procedure will be
used to determine eligibility or appropriate programming. Assessments will be
conducted in the child's native language with culturally appropriate tools.
Where tools are not available, alternative evaluation methods shall be used
which can reliably assess the child's development.
D.
IFSP/IEP development and implementation
1.
FFSP Development and Implementation
To
the greatest extent possible, all services to support progress toward the IFSP
outcomes will be provided within natural environments. Natural environments are
settings that are natural or normal for the child's family and for the child's
same age peers who have no disabilities. TEIS, EHS/MHS, and family members, as
part of the IFSP team, will identify the natural supports and resources present
in the child's environment and activities in the child's daily routine that
offer opportunities for the child to learn new skills.
TEIS
services provided will be those indicated through multidisciplinary assessment
and determined by the IFSP team to be necessary to support the outcomes selected
by the family with input from the IFSP team. The IFSP team determines the
services a child needs based on the outcomes and strategies listed in the IFSP
in order to increase the likelihood that the skills learned will be functionally
relevant to the child's natural environment and that the child will practice the
skill on an ongoing basis. The early intervention services may include:
audiology, assistive technology, family training/counseling/home visits, health
services, medical services for diagnostic or evaluation purposes, nursing
services, nutrition services, occupational therapy, physical therapy,
psychological services, service coordination, social work services, special
instruction, speech-language pathology, transportation, and vision services.
TEIS
will coordinate IFSP development with EHS/MHS families and at least one
representative from EHS/MHS. Efforts will be made to avoid duplication of
services. EHS/NMS will be considered as a service provider on an individual
basis depending on the services determined necessary by the IFSP team and the
EHS/MHS program's capacity to provide the service in accordance with TEIS
regulation.
TEIS
and EHS/MHS will review the IFSP every six months or more frequently as
necessary for progress and possible modifications.
2.
EEP Development and Implementation
Tennessee
state timelines for developing the IEP will be followed. The Head Start
classroom teacher and the disabilities service coordinator should be included in
the IEP team. When Head Start initiates the IEP for a child eligible under Head
Start criteria, appropriate personnel from the LEA will be invited to
participate as a member of the team. Procedures will be followed as outlined in
the Head Start Performance Standards on services to children with
disabilities—Part 1308.
A
free and appropriate public education will be provided for each child determined
to be eligible for special education and related services. Services provided
will be those indicated and determined by the IEP team to meet educational
outcomes. The IEP team will determine the supplementary aids and services to
enable the child to be educated in the least restrictive environment (LRE) with
non-disabled children to the maximum extent appropriate. Related services to
assist a child to benefit from special education will be provided. All services
for children with disabilities will support the attainment of outcomes
identified in the IFSP/IEP.
The
IEP will be updated annually. The LEA and Head Start will cooperate to report
child progress at the same frequency as progress reported for children without
disabilities.
The
EEP team meetings should be held at a location and time convenient for the
parents and staff.
E.
Participation with Non-disabled Children
Services
to children birth to age 3 will be provided in the environment that is
natural
for the children and families. Placement for children ages 3 to 5 under IDEA is
understood to be placement in least restrictive environments with supplemental
aides and supports necessary to assist the child to participate in appropriate
activities and not assignment to any specific location. Justification must be
included in the IFSP or the IEP for any services not provided in natural
environments or least restrictive environments.
Head
Start, TEIS, and the LEAs agree that children who are eligible for services
under IDEA and who are eligible for Head Start services will be considered for
Head Start placement without regard to the severity of the disability. The needs
of the child, including health and safety issues and the support services
necessary for that child to access appropriate activities will be primary
considerations in determining placement.
F.
Transition
Regardless
of age or array of services, the intent of transition is to assure a seamless
provision of services for children with disabilities and their families.
TEIS,
the LEA, and Head Start will cooperate to ensure a smooth, coordinated mutually
agreed upon transition procedure. A formal written plan for transition will be
included in local agreements between TEIS, LEA and Head Start. Procedural
safeguards will be provided to parents in writing and reviewed with the parents
to assure understanding. The transition procedures may include:
a
contact person for transition will be established at each agency.
the
development of a two-way referral system, including list of impending
referrals to the receiving agency. Agencies should share numbers and types
of disabilities but not personally identifying information.
the
development of a timeline for the steps in transition in accordance with
State and Federal law.
a
mutually agreed upon process for sharing and reviewing children's records
with informed parent consent.
cooperative
development of the IFSP/IEP by the parent, appropriate professionals from
the current agency, and the receiving agencies.
cooperative
effort for involving the family in the process and preparing them for
the next set of services.
exchange
visits and other types of communication between personnel
(principals/directors, teachers, social workers, and health staff) of
transitioning agencies to facilitate continuity of programming.
a
description of how families will be included and supported in transition.
As
part of the transition process from Part C to Part B, TEIS will convene a
transition conference at least 90 days and up to 6 months before the child's
third birthday. Transition plans and activities will be developed and
implemented as part of the IFSP process. Part B personnel must be present at the
transition conference. If the child is eligible for Head Start, the Head Start
program will be invited. If the child is enrolled in EHS or MHS, appropriate EHS/MHS
personnel will participate in the transition conference.
A
child enrolled in EHS/MHS may remain in EHS/MHS following the third birthday for
additional months until he or she transitions into Head Start or another
community program, The IEP must be developed according to state and federal
guidelines. The LEA remains responsible for any supports and services to enable
the child to participate in the Head Start classroom that are addressed in the
IEP.
Migrant
Head Start will work with the LEA/TEIS and parents to review existing IFSP/1EPs
and implement appropriate activities. When a Migrant Head Start child arrives in
the state of Tennessee with an existing IFSP from another state, every effort
will be made to reduce duplication of diagnostics and planning. A review will be
conducted of eligibility documentation to verify eligibility under Tennessee
definition. When a Migrant Head Start child arrives with an existing IEP,
services will begin immediately and a diagnostic IEP will be implemented until
an annual IEP is developed in accordance with Tennessee policies and procedures.
When
a Head Start child is transitioning into elementary school, a Title I preschool
program, or other child care setting, the Head Start program will follow
procedures established in section 1304.40(h) and 1304.41(c) and 1308.21 of the
Head Start Performance Standards.
G.
Joint Training
The
Tennessee Department of Education and Head Start agree that all personnel
serving children with disabilities shall meet or be under supervision of
personnel meeting state qualifications for personnel serving children with
disabilities.
TDE
and Head Start support joint training of agencies' staff for the purposes of
providing direct services to children with disabilities and their families
especially for those collaborative efforts such as Child Find, family centered
services, IEP/IFSP planning and implementation, and transition.
H.
Resource Sharing
Head
Start, LEAs, and TEIS should negotiate agreements to utilize resources to the
best advantage to meet the local need for services to children with disabilities
and their families.
These
agreements may include sharing or exchanging resources such as personnel,
transportation, in-service training, classroom space, resource libraries,
equipment, etc, whenever appropriate and in full compliance with the state and
federal regulations.
Blending
of services and contracting for services are allowable options when funds are
not commingled and federal funds are not supplanted.
I.
Information sharing
Efforts
should be made to develop compatible systems for collecting and reporting
information on children served and services provided. The use of common forms
such as release of information and other informed consent documents would
facilitate communication between agencies.
Head
Start and Migrant Head Start agree to assist the LEA and TEIS with necessary
child count information for children with disabilities. If Migrant Head Start is
not operating at the time child count information is collected, MHS will provide
the information to the LEA and TEIS as soon as possible.
LEAs
and TEIS agree to provide Head Start programs with all state
regulations/policies and procedures necessary to provide services to children
with disabilities.
Head
Start programs are mandated to develop a disabilities service plan to assure
that all components of Head Start are appropriately involved in the integration
of services to children with disabilities and their families. Upon request, Head
Start programs agree to provide a copy of this plan to TEIS, LEAs, and other
community partners serving pre-kindergarten children with disabilities.
J.
Parent Involvement
Families
must be involved in all aspects of services to their children with disabilities.
The Tennessee Department of Education and Head Start agree that families must be
actively involved in a young child's program if the program is to have lasting
benefit. Family centered services are those that recognize the family as an
equal partner in service planning and implementation. Head Start will make
"vigorous efforts" to support parents' participation in the
evaluation, planning and implementation of services to their children with
disabilities. Furthermore, the nature and degree of individual family
involvement should be designed to meet the unique concerns, resources and
priorities identified by the family. Procedural safeguards will be provided and
reviewed with parents upon referral for evaluation; upon each notification of an
IFSP/IEP meeting; upon reevaluation of the child, and upon receipt of a request
for due process.
Family
centered services are being practiced when agencies
inform
families of organizations and associations for children with disabilities
invite
family members to serve on advisory boards and other decision and policy
making committees/boards
empower
families with information and opportunity to be involved in therapies and
other services
encourage
and support parents to be advocates for their children
support
parents in developing a family file that contains all records regarding
evaluations and services provided to their children with disabilities
establish
family to family support systems including support for siblings of children
with disabilities
K.
Dispute Resolution
The
Tennessee Department of Education and Head Start support local interagency
efforts to resolve conflict through forthright communication. LEAs, TEIS and
Head Start should design procedures for reaching local solutions to specific
disagreements. If no local procedures are in place or are not effective in
resolving the dispute, then agencies should use the following conflict
resolution procedures:
1.
Staff of the grieving agency shall provide written communication, which
identifies the conflict, proposed action, and a summary of factual, legal, and
policy grounds.
2.
A written response, which includes proposed solutions to the conflict,
shall be provided by the staff of the receiving agency within forty-five days of
notice of the conflict.
3.
Upon resolution of the conflict, a joint communiqué so indicating will
be developed and disseminated by a representative from each agency.
4.
Should further action be required to reach resolution, a report from both
agencies will be submitted to the agency's regional technical assistant (the
Regional Resource Center Early Childhood Consultant or HSTARS) for assistance
with resolution.
5.
Upon resolution of the conflict, a joint communiqué, so indicating will
be developed and disseminated by the regional technical assistant.
6.
If further action is required, then the agencies and the regional
technical assistants should submit the written communications to the Tennessee
Department of Education and the Region IV Head Start Quality Improvement Center
for Disability Services.
7.
Upon resolution of the conflict, a joint communiqué, so indicating will
be developed and disseminated by the Tennessee Department of Education and the
Region IV Head Start Quality Improvement Center for Disability Services.
Communication and Implementation
A
copy of this agreement will be made available to all Head Start grantees, school
districts and TEIS contracted agencies. The agency representatives who signed
the agreement will regularly address feedback, comments, and concerns related to
the implementation of this agreement. Region IV Head Start Quality Improvement
Center for Disability Services, the Tennessee Head Start Training And Resource
Specialists, the Early Childhood Consultants in the Tennessee Department of
Education, Division of Special Education Regional Resource Centers and the
Director of the Head Start Collaboration Office will assist with communication
and implementation by offering state and cluster training to promote the
development of local agreements that are in alignment with this agreement.
Representatives
of the Tennessee Department of Education and Region IV Head Start will review
this agreement annually and make joint recommendations for necessary
modifications.
On
behalf of Tennessee children and their families we pledge our commitment to the
mobilization of available resources to assure appropriate and comprehensive
services for Tennessee children with disabilities from birth to kindergarten.
[Signatures]
Resources
for the Implementation of this Agreement
Contact:
Steven Golightly,
Regional HUB Director
61 Forsyth Street, Suite 4M60
Atlanta, Georgia 30303-8909
Region
IV Head Start is the federal administrative agent for Head Start programs in
Tennessee. ACF is responsible for developing, implementing and enforcing Head
Start Performance Standards.
Contact:
Janet Coscarelli, Director
Andrew Johnson Tower, 7th Floor
710 James Robertson Parkway
Nashville, TN 37243-0375
The
Tennessee Collaboration Office acts as a single point of contact and liaison for
the Tennessee Head Start community within state government.
Tennessee
Head Start Association (THSA)
Contact:
C. Steve Courtner, President
Upper East Tennessee Head Start
P.O. Box 46
Kingsport, Tennessee 37662
The
Tennessee Head Start Association is a professional organization of Head Start
staff, parents and community leaders organized to promote Head Start services in
Tennessee communities.
Region
IV Head Start Quality Improvement Center for Disability Services (DSQIC)
Chapel
Hill Outreach Project, Inc.
Contact:
Brenda
Bowen, Director
Kentucky/Tennessee Satellite
Office
DSQIC
Tennant Kirk, Disabilities Specialist
800 Eastowne Dr., Suite 105
117 Holly Hill Drive
Chapel Hill, NC 27514
Berea, KY 40403
The
DSQIC serves Region IV Head Start in issues relating to disability services.
DSQIC provides training and technical assistance directly to Head Start programs
as well as participating on their behalf in regional and state associations,
conferences and other collaborative activities.
Head
Start Resource and Training Specialists (HSTARS)
Contact:
Eleanor
McChriston
Nancy Thomas
Sherry Hutsell
North-West Tennessee Knoxville-Knox
County
Chattanooga Human
Head Start
Head Start
Services Head Start
231 S. Wilson St.
2400 Piedmont St.
2302 Ocoee Street
Dresden, TN 38225
Knoxville, TN 37921-7048 Chattanooga,
TN 37406
Three
Head Start grantees in Tennessee are funded to provide training and technical
assistance to a group of local Head Start programs organized in a geographic
cluster. The HSTARS' primary responsibilities are to provide assistance in
regard to provision of quality services to children with disabilities and to
facilitate collaboration with local education agencies.
Contact:
Richard A. Joanis, Executive Director
J. Davis, State Director
P.O. Box 33315
Tennessee Migrant Head Start
Raleigh, NC 27636
9050 Executive Park Drive, Suite 220-A
Knoxville, TN 37923-4615
The
Telamon. Corporation administers the statewide Tennessee Migrant Head Start
program.
Contact:
Joseph E. Fisher, Assistant Commissioner
Doris Mattraw, 619 Coordinator
5th floor, Andrew Johnson Tower
5th floor, Andrew Johnson Tower
710 James Robertson Parkway
710 James
Robertson Parkway
Nashville, TN 37243-0380
Nashville, TN 37243-0380
Brenda
Bledsoe, Director of Office of Early Childhood and Part C Coordinator
5th
Floor,
Andrew Johnson Tower
710
James Robertson Parkway Nashville, TN
This
division of the Department of Education coordinates, implements and monitors
IDEA across the state of Tennessee.
Contact:
Debbie
Cate
Sondra Dade
Martha Price
East Tennessee RRC
Middle Tennessee RCC
West Tennessee RCC
2763 Island Home Blvd
1210 Foster Ave. 100 Berry Hill Drive,
Knoxville, TN 37920
Nashville, TN 37210 Jackson, TN 38301
Preschool
consultants provide training and technical assistance regionally to local
education agencies. They work in an interagency capacity to facilitate
coordinated services to children with disabilities and families
Definitions
Agency
means any institution which collects, maintains, or uses personally identifying
information or from which such information is obtained.
Agency
representative
means an agency's staff person, other than the child's teacher or primary
program implementer, who is authorized to make decisions on behalf of the
agency.
Assessment
means the ongoing procedures used by appropriate qualified personnel throughout
the period of a child's eligibility to identify
(1)
The child's unique strengths and needs and the services appropriate to
meet those needs
(2)
The resources, priorities, and concerns of the family and the supports
and services necessary to enhance the family's capacity to meet the
developmental needs of their child.
Collaboration
and collaborative relationships with other agencies, means
planning and working with them in order to improve, share, and augment services,
staff, information, and funds; and with regard to parents, it means working in
partnership with them.
Child
Find means
the system that is coordinated with all other major efforts conducted by state
agencies responsible for administering the various education, health, and social
service programs relevant to Part C, to locate, identify, and evaluate children,
including, but not limited to,