By: Debra Lente-Jojola Supervisory Education Specialist - Early Childhood Program

1. Individuals with Disabilities Education Act (IDEA)Part C (0-2) and Part B (3-5) December 1 2010 Child Count WebEx Refresher/Review By: Debra Lente-Jojola Supervisory Education Specialist - Early Childhood Program Division of Performance and Accountability

2. Purpose: • To provide an overview of the regulations in the Individuals with Disabilities Education Act (IDEA) P.L. 108-446, Part C (0-2) and Part B (3-5). • To provide an overview of the contents of the December 1 2010 Child Count data collection forms – Part C (0-2) & Part B (3-5)

3. Individuals with Disabilities Education Act IDEA 2004 P.L. 108-446 • IDEA is the nation’s special education law. • It protects the educational rights of children with disabilities from birth through 21. • It governs how states and public agencies provide early intervention, special education and related services to infants, toddlers, and • children with disabilities.

4. Four Main Parts of IDEA • Part A • Part B • Part C • Part D

5. Four Main Parts of IDEA • Part A - contains the general provisions, including the purposes of the Act and definitions. • Part B - contains provisions relating to • the education of school-aged and preschool children; • the funding formula; • evaluations for services; • eligibility determinations; • Individualized Education Programs (IEPs) and educational placements.

6. Four Main Parts of IDEA, con’t Part B contains detailed requirements for: • Procedural safeguards; • Withholding of funds and judicial review. • It includes the Section 619 program, which provides services to children aged 3 through 5 years old.

7. Four Main Parts of IDEA, con’t • Part C - provides for: • Early intervention and other services for infants and toddlers with disabilities and their families (from birth through age 3). These are provided in accordance with an Individualized Family Service Plan (IFSP) which is developed between families of infants and toddlers with disabilities and the appropriate state agency. • Part C - provides for: • grants to states to support these programs for infants and toddlers with disabilities.

8. Four Main Parts of IDEA, con’t • Part D – provides support for: • various national activities designed to improve the education of children with disabilities (personnel preparation activities, technical assistance, and special education research).

9. IDEA: Part C Purpose: to provide early intervention services for infants and toddlers (with disabilities or at risk)and their families.

10. Overview of IDEA, Part CInfants and Toddlers with Disabilities (birth to 2) • To develop and implement a statewide comprehensive system. • The coordination of payment for early intervention services. • State’s capacity to provide quality early intervention services. • Provides services for children under 3 years who would be at risk or have an established disability.

11. IDEA Part C – Sec. 634. Eligibility • “In order to be eligible for a grant …, a State shall provide assurances to the Secretary that the State– (1) has adopted a policy that appropriate early intervention services are available to all infants and toddlers with disabilities in the State and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State, infants and toddlers with disabilities who are homeless children and their families, and infants and toddlers with disabilities who are wards of the State; and (2) has in effect a statewide system that meets the requirements of section 635” (Requirements For Statewide System) .

12. IDEA Part C – Sec. 643 (b)(1) Payments to Indians • In general.--The Secretary shall, subject to this subsection, make payments to the Secretary of the Interior to be distributed to tribes, tribal organizations (as defined under section 4 of the Indian Self-Determination and Education Assistance Act), or consortia of the above entities for the coordination of assistance in the provision of early intervention services by the States to infants and toddlers with disabilities and their families on reservations served by elementary schools and secondary schools for Indian children operated or funded by the Department of the Interior. …”

13. Requirements for Statewide SystemSec. 635 • Definition of “developmental delay” • Availability of appropriate early intervention services • Timely multidisciplinary evaluation • A family-directed identification of needs. • An individualized family service plan (IFSP) • Child Find • Public Awareness on early identification • Directory of early identification resources • Personnel development • Lead Agency assigned by the governor • Procedural safeguards • Data compilation • State interagency coordinating council

14. To receive Part C Early Intervention Services, an infant or toddler (under 3 years of age) must be found to have a developmental delay in one or more of the following areas: Sec. 632 Definitions (5)(A) • Physical development • Cognitive development • Communication development • Social or emotional development • Adaptive development OR have a diagnosed physical or mental condition that has a high probability of resulting developmental delay. OR, at the state’s discretion – “at risk” infants and toddlers.

15. WHAT IS AN IFSP ? • IFSP stands for Individualized Family Service Plan • Sec 636. (a)(3) “a written individualized family service plan developed by a multidisciplinary team, including parents, …., including a description of the appropriate transition services for the infant and toddler.” • It must be evaluated every six months

16. EI Services are designed to meet the developmental needs of a child, as identified by the IFSP team. Services include:Sec. 632. Definitions (4)(E) • Family training, counseling, and home visits • Special instruction • Speech-language pathology and audiology services, and signed language and cued language services • Occupational therapy • Physical therapy • Psychological services • Service coordination services • Medical services - for diagnostic or evaluation purposes

17. Part C Services, continued: Sec. 632. Definitions (4)(E) • Assistive technology devices and services • Transportation and related costs that are necessary to enable an infant or toddler and his/her family to receive another service (listed in this part) • Early identification, screening, and assessment services • Health services necessary to enable the infant or toddler to benefit from other EI services • Social work services • Vision services

18. Secretary of Interior • Bureau 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.

19. USE of Funds: Sec 643, Allocation of funds. (b) Payments to Indians, Use of Funds (4) “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.” i.e. Contracts or cooperative agreements w/BIA, LEA, or other public private non-profit organizations

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

21. Bureau of Indian Education Funding Levels: • Part C – Section 643 (b) …..BIE receives 1.25 % of the aggregate of the amount available to all States…. Of the 1.25% BIE receives, 20% of this amount is used for Part C & Part B (0-5) 100% of this allocation is distributed to tribes

22. Why does funding vary? Sec. 643 (b) (2) Remember that 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, accurate, reliable and maintain appropriate data

23. Tribes or Tribal Organization’s Role: • Conduct child find, screening, and early identification Parent involvement in the development of these activities • Contracts or cooperative agreements with BIE, LEA, or other organization for direct early intervention services • Referrals are 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. December 1 Child CountPart C (0-2) Steps and Timelines: • Count date December 1, 2010 • Count is determined for next year’s funding beginning July 1, 2011– June 30, 2012 • Most important to remember – each child is countedonce in the sections of Table 1 • Number of Indian infants and toddlers must reside on the reservation

27. Part CTable 1 (Birth to 2 years) Section A: Count by age as of December 1, 2010 the total number of Indian infants and toddlers residing on the reservation. Section B: Count by age, the number of Indian infants and toddlers with disabilities receiving early intervention services from the tribe (screening, child find, etc.) Section C: Count by age, the number of Indian infants and toddlers with disabilities who will have been identified and will receive Early Intervention services within 45 days Section D: Only do this section if the State where the Reservation is located has selected this option (i.e. New Mexico, etc.) Certification & Assurance: Signed by an authorized tribal official and is not the Tribal Education Office Director, etc.

28. IDEIA PART C DECEMBER 1 TRIBAL COUNT CERTIFICATION I, the authorized Tribal Official for the _________________________________, certify this data represents an accurate and unduplicated (Tribe or Tribal Organization) count of Indian Infants and Toddlers residing on Reservation and those contacted receiving early intervention services from the Tribe. ____________________________________ ______________________________________________ __________________ Tribal Official’s Name & Title (type or print) Signature Date No further monies or other benefits may be paid out under this program unless this report is completed and filed as required by 20 USC 1443 (b) (3) DECEMBER 1 TRIBAL COUNT ASSURANCE __________________________________assures that it has provided the state lead agency in the State(s) in which Indian children (Tribe or Tribal Organization) reside, the child find information (including the names and dates of birth and parent contact information) for infants or toddlers who are Included in its December 1 2010 Child Count report to meet the child find coordination and child count responsibilities in IDEA section 643(b)(4). ____________________________________ ______________________________________________ __________________ Tribal Official’s Name & Title (type or print) Signature Date 28

29. IDEA: Part B Purpose: to provide special education and related services to children with disabilities (3 - 21).

30. Overview of IDEA, Part B (3-21) Sec. 601 (d) Purposes • All children with disabilities have a free appropriate public education; • The rights of children with disabilities and their parents are protected; • Assist agencies to provide for the education of all children with disabilities.

31. IDEA Part B – Eligibility A child is found eligible under Part B if: • The child has a disability as defined by IDEA; • The disability significantly impacts educational progress; and • The child requires specialized instruction.

32. Payments For Education and Services For Indian Children With Disabilities Aged 3 Through 5 Sec. 611 (h)(4) • Serves children 3-5 years old residing on the reservation • Funds are distributed to tribes or tribal organizations based on an annual child count to “assist” states; • 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

33. Categories for which students may be eligible for Special Education, Part B, services: (Sec. 602 Definitions (3) (A) (i)) • Mental Retardation • Hearing Impairments • Speech/Language Impaired • Visual Impairment • Emotional Disturbance • Orthopedic Impairment • Other Heath Impaired • Specific Learning Disabilities • Deaf-Blindness • Multiple Disabilities • Autism • Traumatic Brain Injury • Development Delay

34. Possible Part B Special Education Related Services • Transportation • Special Education Instruction • Speech and Language Therapy • Occupational Therapy • Physical Therapy • Hearing Impaired Instruction • Visually Impaired Instruction • Adaptive Physical Education • Nursing Services • Counseling Services • Assistive Technology • Parent Counseling • Transitional Services • Therapeutic Recreation

35. WHAT IS AN IEP? • An acronym for “Individualized Education Program” • “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with 300.320 through 300.324 (IDEA Regulations) • Based on an evaluation and involves: • Parents • Teachers • Principals and • Related service providers

36. The Basic Special Education Process • Child is identified as possibly needing special education and related services through Child Find. • Child is evaluated. • Eligibility is determined. • Child is found eligible for services. • IEP/IFSP meeting is scheduled • IEP/IFSP meeting is held & the IEP/IFSP is written. • Services are provided • IEP/IFSP is reviewed. • Progress is measured and reported to parents. • Child is reevaluated every 3 years.

37. Part B Table 1 (3 through 5 years) • Count children ages 3 through 5 who are not enrolled in a private, public or BIA funded school and who reside on the reservation. • Count, by age, disability, the total number of Indian children with disabilities residing on the reservation • Count, by age and disability, the number the tribe is serving according to an IEP. • Certification & Assurance: Signed by an authorized tribal official and is not the Tribal Education Office Director, etc.

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39. IDEIA PART B DECEMBER 1 TRIBAL COUNT CERTIFICATION I, the authorizing Tribal official for the _____________________________, certify this data represents an accurate and (Tribe or Tribal Organization) unduplicated count of Indian children ages 3-5 with disabilities contacted and receiving special education and related services on December 1, 2010, from the tribe according to an Individualized Education Program (IEP). Name and Title (Type or Print) Signature Date No further monies or other benefits may be paid out under this program unless this report is completed and filed as required by 20 USC 1443 (b) (3) DECEMBER 1 TRIBAL COUNT ASSURANCE _________________________________assures that it has provided the state lead agency in the State(s) in which Indian (Tribe or Tribal Organization) childrenreside, the child find information (including the names and dates of birth and parent contact information) for children with disabilitiesaged three through five who are included in its December 1 2010 Child Count report to meet the child find coordination and child count responsibilities in IDEA section 611(h)(4). _____________________________________ ____________________________ _______________ Tribal Official’s Name & Title (type or print) Signature Date 39

40. BIENNIAL REPORT Part C (0-2) & Part B (3-5) • A report is required every two years • Report completed for the period of July 1, 2010 – June 30, 2012 Information required: • Type of services provided by the tribe or tribal organization: Child Find, screening, early identification, parent training, or early intervention services • Services provided directly or through contracts or cooperative agreements • Where does information come from? (Child Count) • Tribal Certification & Tribal Assurance are required

41. Impact of IDEA Law for Indian children and their families IDEA

42. IDEA’s Impact On Children & Families IDEA – Part C IDEA – Part B • Sec. 634 (1) establishes Early Intervention services to all infants & toddlers including Indian infants & toddlers with disabilities and their families residing on a reservation. • Early Intervention services for Infants & Toddlers (birth to 3) are established through an Individualized Family Service Plan (IFSP). • Special Education and related services beginning at ages 3 – 21 for disabilities defined by IDEA (mental retardation, hearing impairments, speech/language impaired, visual impairment, emotional disturbance, orthopedic impairment, other health impaired, specific learning disabilities, deaf-blindness, multiple disabilities, autism, traumatic brain injury, and developmental delay) • Services established through an Individualized Education Program (IEP)

43. IDEA’s Impact On Children & Families con’t IDEA - Part C IDEA - Part B • Sec. 643 (b)(1) establishes the coordination of assistance in the provision of early intervention by the States to Indian infants & toddlers with disabilities and their families on reservations • Sec. 643 (b)(3) Funds are distributed to tribes or tribal organizations based on an annual child count. • Sec. 611 (h)(4)(A) establishes coordination of assistance for special education and related services for Indian children with disabilities aged 3-5 on reservations • Sec. 611 (h)(4)(B) Funds are distributed to tribes or tribal organizations based on an annual child count.

44. IDEA’s Impact On Children & Families con’t IDEA - Part C IDEA - Part B • Sec. 643 (b)(4) Use of funds. Shall be used to assist States in child find, screening, and other procedures for the early identification of Indian children under 3 years of age and for parent training. Such funds may also be used to provide early intervention services. Activities carried out directly or through contracts or cooperative agreements with BIA, local educational agencies, and other public or private nonprofit organizations. Referrals can be made to local, State, or Federal entities for the provision of services or further diagnosis. • Sec. 611 (h)(4)(D) Use of funds. Assist in child find, screening, and other procedures for early identification for children 3 – 5. Activities carried out directly or through contracts or cooperative agreements with BIA, local educational agencies, and other public or private nonprofit organizations. Referrals can be made to local, State, or Federal entities for the provision of services or further diagnosis.

45. Any Questions? Debra Lente-Jojola Supervisory Education Specialist Early Childhood Program Division of Performance and Accountability (505) 563-5258 Debra.LenteJojola@BIE.EDU