By: Debra Lente-Jojola

Supervisory Education Specialist - Early Childhood Program

Division of Performance and Accountability

December 1 2010 Child Count

WebEx Refresher/Review

Individuals with Disabilities Education Act (IDEA)

Part C (0-2) and Part B (3-5)

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)

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.

Four Main Parts of IDEA

Part A Part B Part C Part D

Four Main Parts of IDEAPart 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.

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.

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.

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).

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

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.

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) .

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. …”

Requirements for Statewide SystemSec. 635

Definition of “developmental delay”Availability of appropriate early intervention servicesTimely multidisciplinary evaluation A family-directed identification of needs.An individualized family service plan (IFSP)Child FindPublic Awareness on early identificationDirectory of early identification resourcesPersonnel developmentLead Agency assigned by the governorProcedural safeguardsData compilationState interagency coordinating council

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 developmentCognitive developmentCommunication

developmentSocial or emotional

developmentAdaptive 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.

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

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 instructionSpeech-language

pathology and audiology services, and signed language and cued language services

Occupational therapyPhysical therapyPsychological servicesService coordination

servicesMedical services - for

diagnostic or evaluation purposes

Early identification, screening, and assessment services

Health services necessary to enable the infant or toddler to benefit from other EI services

Social work servicesVision services

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)

Part C Services, continued: Sec. 632. Definitions (4)(E)

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.

USE of Funds:Sec 643, Allocation of funds. (b) Payments to Indians, Use of Funds (4)“Assist states in:Child findScreeningAnd 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

MONEY $$ MONEYWho’s got the MONEY?

United States Congress

Department of Education,Office of Special Education Programs

Department of the Interior, Bureau of Indian Education

DPA/ELO

PART C (0-2) & PART B (3-5)TRIBAL Early Intervention Programs

STATESPART C & B

LEAD AGENCY

“ASSIST”

** Flow

through

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

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

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

December 1 Child Count Part 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 counted once in the sections of Table 1

• Number of Indian infants and toddlers must reside on the reservation

US Department of Education OMB NO: 1820-0557 Office of Special Education and Form Expires: 11/30/2009 Rehabilitative Services – Office Of Special Education Programs Form under revision

Continue to utilize this form until 2011.

PART C TABLE 1

REPORT OF INDIAN INFANT AND TODDLERS WITH DISABILITES RESIDING ON RESERVATIONS IN ACCORDANCE WITH PART C OF

THE INDIVIDUALS WITH DISABILIIES EDUCATION IMPROVEMENT ACT (IDEIA)

DECEMBER 1, 2010

Tribe or Tribal Organization: Reservation: New Revised Contact Person: Address: Telephone: Telefax:

Age as of December 1, 2010 Age 0-1 Age 1-2 Age 2-3 TOTAL

Section A *

Number of Indian Infant and Toddlers Residing on Reservation on December 1, 2010

Section B

Number of Indian Infant and Toddlers with Disabilities Residing on Reservation Receiving Early Intervention Services from the Tribe

Section C**

Number of Indian Infant and Toddlers who have been identified and will receive Early Intervention Services within 45 days.

Section D ***

Number of Indian Infant and Toddlers Residing on Reservation Who are At Risk of having a Substantial Developmental Delay and Are Receiving Early Intervention Services (Do NOT count children identified in Sec. B or C)

* NOTE: - This is All Indian Children Residing on Reservation Ages Birth through 2 ** Indian Infant and Toddlers, who have been identified and are to receive EI services within 45 days *** Only complete this section if the State in which the reservation is located has “AT RISK” category

SEE FLOW CHART FOR FURTHER INFORMATION

Bureau of Indian Education Division of Compliance, Monitoring and Accountability

CHILD COUNT FOR PART C

1st Level:

One time count, screened.

1. They must be new screenings OR

2. Children screened who did not require services but need follow-up or tracking and a new screening is necessary.

Tribal Early Intervention Program CHILD FIND ACTIVITIES

(Sec. B) Dec. 09 – Dec. 10

Screening & Identification (Sec. B)

Within 45 days

Tribe:

Direct Services: Care Coordination or IFSP Services

Coordination for Native American Children & Families

(Sec. C)

State Lead Agency: Provides IFSP services,

i.e., OT, PT, Speech, Case Manager, etc.

Dec. 2009

2nd Level Count each year if you provide the direct services (IFSP) and /or care

coordination, etc.

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.

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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

IDEA:Part B

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

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.

IDEA Part B – EligibilityA 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.

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

Categories for which students may be eligible for Special Education, Part B, services: (Sec. 602 Definitions (3) (A) (i))

Mental RetardationHearing ImpairmentsSpeech/Language

ImpairedVisual ImpairmentEmotional Disturbance

Orthopedic ImpairmentOther Heath Impaired

Specific Learning Disabilities

Deaf-BlindnessMultiple DisabilitiesAutismTraumatic Brain InjuryDevelopment Delay

Possible Part B Special Education Related Services TransportationSpecial Education

InstructionSpeech and Language

TherapyOccupational TherapyPhysical TherapyHearing Impaired

InstructionVisually Impaired

Instruction

Adaptive Physical Education

Nursing ServicesCounseling ServicesAssistive TechnologyParent CounselingTransitional ServicesTherapeutic Recreation

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

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 scheduledIEP/IFSP meeting is held & the IEP/IFSP is written.Services are providedIEP/IFSP is reviewed.Progress is measured and reported to parents.Child is reevaluated every 3 years.

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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OFFICE OF SPECIAL EDUCATION REPORT OF INDIAN CHILDREN WITH DISABILITIES RECEIVING SPECIAL EDUCATION OMB NO: 1820-0557 AND REHABILITATIVE SERVICES PART B, INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT FORM EXPIRES: 11/30/2009

PART B Form under revision. TABLE 1 Continue to utilize this form until 2011.

DECEMBER 1, 2010

TRIBE: Contact Name: SECTION B – Number of Indian Children ages 3-5 Identified as Disabled and the Number of Disabled 3-5 year olds with an IEP receiving Services from the Tribe:

* The state in which the child lives must have defined and established eligibility criteria for developmental delay in order to use this category for reporting. ** Total Number of Disabled Indian Children by Age residing on reservation. *** Total Number of Disabled Indian Children by Age residing on reservation Served by the Tribe.

AGE AS OF DEC. 1, 2010 3 4 5 3-5 Totals DISABILITY Total

Disabled** Disabled

Served*** Total

Disabled** Disabled

Served*** Total

Disabled** Disabled

Served*** Total

Disabled** Disabled

Served*** Mental Retardation

Hearing Impairments

Speech/Language Impairments

Visual Impairments

Emotional Disturbance

Orthopedic Impairment

Other Health Impairments

Specific Learning Disabilities

Deaf-Blindness

Multiple Disabilities

Autism

Traumatic Brain Injury

Developmental Delay*

TOTAL: (sum of all of the above)

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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)

children reside, the child find information (including the names and dates of birth and parent contact information) for

children with disabilities aged 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

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

IDEA Impact of

IDEA Law for Indian

children and their families

IDEA’s Impact On Children & Families

IDEA – Part C IDEA – Part BSec. 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)

IDEA’s Impact On Children & Families con’tIDEA - 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.

IDEA’s Impact On Children & Families con’tIDEA - 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.

Any Questions?

Debra Lente-Jojola Supervisory Education Specialist

Early Childhood Program Division of Performance and Accountability

(505) 563-5258Debra.LenteJojola@BIE.EDU