Carol Massanari, MPRRC Matt Schneer, OSEP Sue Bement, BIE Wayne Ball, MPRRC

1. Serving American Indian Infants, Toddlers and Preschool Children with Disabilities Living on Reservations A Webinar for States Carol Massanari, MPRRC Matt Schneer, OSEP Sue Bement, BIE Wayne Ball, MPRRC Richard Henderson, Idaho – Part B Karie Taylor, Arizona – Part C John Inglish, WRRC Anne Lucas, ECTA/WRRC

2. Introduction: Defining the Issue & Need Carol Massanari

3. Framing the Issue Confusion about who is responsible for providing early intervention and special education services, reporting to OSEP, and ensuring that Child Find is carried out for infants, toddlers and children residing on a reservation. How are Child Find responsibilities carried out? How do the Bureau of Indian Education (BIE) 3–5 population and Family and Child Education (FACE) programs interface with LEAs? How should Memorandums of Understanding(MOUs) be used to ensure services are provided for children (3–5) residing on reservations?

4. Let’s try a poll

5. Agenda Outline 1:00 -2:30 EDT Introduction Federal Picture BIE Context and Funding Description TA in the MPRRC Region Collaborative Example in ID Q&A Document for both C & B Questions Next Steps

6. The Federal Perspective Matt Schneer

7. IDEA - Implementation A collaboration between the United States Department of Education’s Office of Special Education Programs and States The Bureau of Indian Education (BIE) operates as a State in the case of schools on reservations funded by the Department of the Interior - 172 elementary and secondary schools, located on 64 reservations - BIE-Operated Schools: 59 -Tribally Operated Schools (grant or contract): 113 - Across 23 States

8. Bureau of Indian Education (BIE) and IDEA BIE operates as a State for the implementation of IDEA, Part B 611 program Responsibility for children with disabilities ages 5-21 attending elementary and secondary schools - Identification and Evaluation - Free Appropriate Public Education (FAPE) - Least Restrictive Environment (LRE)

9. IDEA Funding for BIE BIE receives Part C funds - Distributed to Tribes to coordinate assistance in the provision of early intervention services to infants and toddlers with disabilities and their families on reservations BIE receives Part B 611 funds (no 619) - Twenty percent of that is reserved for coordinating services for preschool children with disabilities ages 3-5 living on reservations (distributed in full to Tribes)

10. Infants and Toddlers BIE does not operate or fund early intervention programs under Part C for infants and toddlers IDEA gives States the primary responsibility for the provision of early intervention services for infants and toddlers with disabilities, birth through two BIE receives Part C funds, which are distributed directly to Tribes for the coordination of services for infants and toddlers with disabilities Tribes must coordinate with States and local service providers

11. Preschool BIE does not operate or fund preschool programs under Part B for children with disabilities IDEA gives States the primary responsibility for the provision of FAPE for children 3-5 with disabilities The BIE receives money for children with disabilities 3-5 which are distributed directly to Tribes for the coordination of services Tribes must coordinate with States, school districts and other preschool providers

12. Collaboration and this Guidance Ensuring that Indian infants, toddlers, and preschoolers receive appropriate services is dependent on collaboration between the BIE and States and local districts/providers OSEP is excited about the Q&A Guidance Document related to serving American Indian infants, toddlers and preschool children with disabilities living on reservations and hopes the document provides helpful information to the field

13. BIE Perspective: Framing The Issue • Sue Bement

14. BIE Oversees a total of 172 elementary and secondary schools on 64 reservations 113 schools operated directly by tribes through grant or contract with BIE 59 schools operated directly by BIE Spread across 23 states

15. BIE Overview Part of the Department of Interior Central Office in DC Program Office in Albuquerque - Special Education - Early Childhood (FACE) - Title I - Data - School Improvement

16. States with BIE Operated Schools (Green) Source: www.bie.edu/jobs

17. Secretary of InteriorBureau of Indian Education Roles & Responsibilities Payment is made from the Secretary of Education to the Secretary of the Interior BIE receives payment BIE distributes payment to tribes or tribal organization via Education Line Office Payment is provided for those tribes who have an elementary or secondary bureau funded school located on the reservation Secretary of Interior distributes entire payment based on infants and toddlers residing on the reservation

18. United States Congress Department of Education, Office of Special Education Programs MONEY $$ MONEY Who’s Got the MONEY? STATES PART C & B LEAD AGENCIES Department of the Interior, Bureau of Indian Education DPA/ELO ** Flowthrough “ASSIST” PART C (0-2) & PART B (3-5) TRIBAL Early Intervention Programs

19. Bureau of Indian Education IDEA Funding for EC Part C – Section 643 (b) BIE receives 1.25 % of the aggregate of the amount available to all States Part B 20% of the BIE allocation is used for preschool (limited to coordination of services) 100% of this allocation is distributed to Tribes

20. Fund Distribution Sec. 643 (b) (2) --- Funding is based on a formula and the data each tribe provides FORMULA: # of infants and toddlers residing on the reservation divided by the total served by all tribes, tribal organizations or consortia All tribes must provide and maintain accurate, reliable and appropriate data.

21. USE of Funds: Part C Sec 643(b) Allocation of funds, Payments to Indians (4) Use of Funds Assist states in: Child find Screening And other procedures for the early identification of Indian children under 3…..” Parent Training “Such funds may also be used to provide early intervention services in accordance with this part.” Example: contracts or cooperative agreements w/BIA, LEA, or other public private non-profit organizations

22. USE of Funds: Part B Sec 611 (h)(4) Payments for Education and Services for Indian Children with Disabilities Aged 3 Through 5 (D) Use of Funds “Assist states in: Child find Screening And other procedures for the early identification of Indian children 3-5 Parent training Provision of direct services “These activities may be carried out directly or through contracts or cooperative agreements with the BIE, local educational agencies, and other public or private nonprofit organizations.”

23. Tribe’s or Tribal Organization’s Role Conductchild find, screening, and early identification Parent involvement in the development of these activities Contractsor cooperative agreements with BIE, LEA, or other organization for direct early intervention services Referralsare made for services or further diagnosis Reports – Tribe will provide a biennial report to the Secretary of Interior which includes: number of cooperative agreements; number of children contacted and receiving services each year; estimated number of children needing services during the next two years

24. Payments For Education and Services For Indian Children With Disabilities Ages 3 Through 5 Sec. 611 (h)(4) Funds are distributed to tribes or tribal organizations based on an annual child count Funds are used to provide for the coordination of assistance for special education and related services The Local Education Agency (LEA) is the public school system for ages 3 – 5

25. Facilitating effective coordination between Tribes or Tribal Organizations and States to ensure infants, toddlers and children and their families receive the services they need. The Need

26. Assisting States – Initial Experience Wayne Ball

27. TA to NM and BIE Issue/Need Identified Confusion about who was responsible for providing special education services for preschool children (age 3–5) who reside on a reservation within the Local Education Agency’s (LEA’s) jurisdiction

28. Steps Taken Facilitated development of a Q&A guidance document completed in August of 2009 Sought guidance and review from Office of General Counsel at OSEP Finalized the guidance document for New Mexico and held a statewide training for LEA’s on the guidance

29. Proactive Steps Developed a generic guidance document by taking out NM specific references Shared with all directors in MP region Offered to work with states to tailor the document to their state

30. Extending the Impact South Dakota Half day for LEA’s and Tribes on the guidance. FACE Program was part of the training SD adopted the guidance document as official guidance and worked with LEA’s and tribes on developing MOU’s Arizona Used document to conduct training in collaboration with FACE Developed MOU tailored to meet unique circumstances

31. Collaborating To Assist A State: The ID Experience Richard Henderson

32. Background: Pre-School Services for Eligible Children on Reservation in Idaho SEA received inquiries from LEA’s surrounding a tribal preschool “intervention” program as well as inquiries from the tribe about responsibilities of the LEA’s. Questions/Concerns stemmed from: Who/how should child find be conducted? Who provides services? Where should services be provided?

33. Background: Pre-School Services for Eligible Children on Reservation in Idaho MPRRC contacted WRRC regarding BIE concern with LEA pre-school services for eligible children on Shoshone-Bannock Reservation (ID) Offer of assistance/shared materials from NM WRRC contacted SEA director Series of calls to clarify issues/shared materials and offered assistance Facilitated call with Idaho staff, BIE and OSEP to clarify responsibilities & requirements under IDEA and BIE policies

34. Technical Assistance to Idaho Request for on-site meeting of all parties to clarify responsibilities and develop draft MOU RRCP liaisons (Wayne & Jim) facilitated meeting in Pocatello, Idaho SEA, relevant LEA, and tribal staff and counsel attended Assisted as needed with MOU development Webinar to work through a second draft of MOU (between SEA and S-B Tribes) Facilitated call to review final draft of MOU MOU signed by SEA and Tribes

35. Results Process and procedures for: Child Find Activities Evaluation and Eligibility Determination Provision of services Location of services All parties have requested the MOU not be changed for the following year and implemented as currently written. Children are receiving services.

36. Working With Tribes in AZ –Part C Experience Karie Taylor

37. Arizona Part C Early Childhood Tribal Programs in Arizona Gila River Indian Community Havasupai Hopi Navajo Nation Salt River Pima-Maricopa Tohono O’odham White Mountain Apache

38. Arizona Part C Intergovernmental Agreement Navajo Nation

39. Arizona Part C Local Early Intervention Programs with the Early Childhood Tribal Programs Child Find Refer Eligibility Assessment IFSP Coordination with tribal community resources

40. National ReachQ&A Document: A Quick Overview John Inglish

41. Background Given: BIE operated or grant schools are spread across 23 states Issues emerged in MPRRC & WRRC regions but extend beyond Need: A tool to be used nationally for both C & B Q&A Document: Addresses key issues that arise and offers guidelines for entities to develop MOU to ensure that children and families receive the critical services to which they are entitled

42. Purpose of this Q&A Document This document seeks to provide clarity and guidance related to provision of early intervention and special education services for infants, toddlers, and preschoolers aged birth through 5 who reside on reservations in accordance with the Individuals with Disabilities Education Act (IDEA).

43. Intended Audience(s) Part C Lead Agencies Early Intervention Service Providers Local Education Agencies State Education Agencies Tribes, schools operated or funded by the Bureau of Indian Education (BIE) Family and Child Education (FACE) programs Head Start Programs, and other agencies that work with this population of children

44. Question #1Under the Individuals with Disabilities Education Act (IDEA), who bears ultimate responsibility for the provision of early intervention and special education services for infants, toddlers, and preschoolers aged birth through 5 residing on reservations? The ultimate legal obligation for providing services and ensuring compliance with IDEA resides with States, not the tribes Congress gives tribes money for the “coordination of assistance” for a variety of services such as screening, referral, parent training, service provision, etc. Tribes have discretion as to how many of these activities are carried out—directly, or through contract with the BIE, LEAs, and other nonprofit organizations

45. Question #2Who bears responsibility for Child Find for infants, toddlers, and preschoolers living on reservations? States bear ultimate responsibility for conducting Child Find for these children. Tribes and tribal organizations receive funds to assist in child find, screening, and other procedures for the early identification of infants, toddlers, and preschoolers aged birth through five.

46. Question #3Under IDEA section 618, who is responsible for reporting early intervention and special education data for infants, toddlers, and preschoolers living on reservations? Under Part B, LEAs—not the tribes— are responsible for including these children in their child count and reporting data to the state education agency, which in turn reports this data annually to the Secretary of the U.S. Department of Education Under Part C, tribal entities must provide child find information to the State lead agency, which is responsible for reporting annually to the Secretary of the U.S. Department of Education on these children in its child count and reporting data under IDEA section 618

47. Question #4In what environment should early intervention or special education services for infants, toddlers, and preschoolers who reside on reservations be provided? Infants, toddlers, and preschoolers living on reservations are entitled to the same access to integrated settings as all other children. Part C: natural environment Part B: least restrictive environment

48. Question #5What are the FACE/Baby FACE programs? Do these programs provide early intervention or special education under Part C or Part B for infants, toddlers, and preschoolers on reservations served by BIE? Family and Child Education (FACE) is a BIE program that was initiated in 1990 with a focus on providing support to American Indian families in the areas of early childhood development. Baby FACE provides home-based services to children birth to 3 FACE provides both home-based and center-based early childhood services to children aged 3 to 5 FACE programs currently operate in 46 BIE-funded schools. For detailed information on the FACE program, see www.faceresources.org

49. Question #6If a child receives services in a Baby FACE or FACE program, would these settings be considered natural environments or integrated settings for data reporting purposes? The FACE or Baby FACE program is an option for all children (with or without disabilities) and thus may be considered a natural environment or integrated setting in which a child is served alongside typically developing peers.

50. Question #7The State Performance Plan requires federal reporting on a number of required indicators. Who is responsible for the data collection and reporting? The early intervention service program or LEA is responsible for data collection regarding children under the State performance plan and annual performance report under IDEA section 616 and reporting these results respectively to the State lead agency or state education agency for annual submission to OSEP.