ECI LEA Early Transition (IDEA Part C to IDEA Part B)

ESC-14 Regional

Memorandum of Understanding

ECI – LEA Early Transition (IDEA Part C to IDEA Part B)

Overview:

Pursuant to 34 CFR §300.124(a),for each child enrolled in an Early Childhood Intervention (ECI) program assisted under IDEA Part C, and who will participate in preschool programs assisted under IDEA Part B, the ECI and the local education agency (LEA) are responsible for ensuring a smooth and effective transition to those preschool programs.

Purpose:

While the eligibility requirements for ECI programs may not be the same as the eligibility requirements for LEAs, this Memorandum, as adopted by each agency, provides for the implementation of a seamless model of services from ECI (IDEA Part C) to LEA (IDEA Part B) services for eligible children. The Memorandum sets forth the intention of the ECI(s) and LEA(s) to work together to ensure this seamless transition occurs. Attached is a detail of ECI and LEA responsibilities, including statutory requirements,in accomplishing this objective. Revisions to the memorandum and detailed responsibility attachment will be developed as needed to reflect major agency reorganizations or statutory changes that affect the agencies and/or their responsibilities.

Terms of Agreement:

This Memorandum will be:

1)Effective upon adoption by each signatory agency for the 2013-14 calendar year.

2)Expanded, modified, or amended, as needed, at any time by the unanimous consent of the signatory agencies.

2013-20141 of 17

Adoption of 2013-2014 Region 14 MOU
I have reviewed and adopted this Memorandum of Understanding between Region 14 (to include Independent School Districts and Shared Service Arrangements) and Early Childhood Intervention agencies (ECI) from Little Lives ECI, Betty Hardwick ECI, and Central Texas ECI.
Signature / Date
Printed Name / Agency

ECI-LEA MOU

Please sign and return to Region 14 ESC

1850 Hwy 351

Abilene, TX 79601

Fx. 325-675-8659

ECI-LEA MOU

Detailed Listing of Responsibilities by Agency

Section Links

AI/VI

AI/VI Service Referral

IFSP Meeting Notification for AI/VI Teacher
LEA Required AI/VI Documentation

Transition

Transition Conference

Summer Conference

School Unavailable for Conference

Notification of Part-B Potential Eligibility

LEA Eligibility Requirements

Referral Packet

Children Referred to ECI Less than 90 Days

Children Referred to ECI Less than 45 Days

School Action Plan

Definitions

AI/VI

ECI / Local Education Agency (LEA)
1. Will be the lead agency responsible for services available as per Part C to all infants and toddlers with disabilities birth through two.
a. IFSP must be developed within 45 days of initial referral to ECI;
b. New or added services to the IFSP must be delivered initially within 28 calendar days of IFSP date;
c. Must deliver 85% of planned services. No shows and cancellations do not count toward completed visits; and;
Must attempt to reschedule missed or cancelled visits within 1 week of missed visit
d. Will provide training of LEA personnel on AI/VI documentation procedures. / 1. Will meet all Part C requirements, including but not limited to, a family-focused process, flexible hours, full-year services, time lines, and procedural safeguards for children, birth through two years of age.

New or added services to the IFSP must be delivered initially within 28 calendar days of IFSP date;
Must deliver 85% of planned services. No shows and cancellations do not count toward completed visits; and;

Must attempt to reschedule missed or cancelled visits within 1 week of missed visit
2. Identifies and accesses all services for children, birth through two, with auditory and/or visual impairments, including the development of an IFSP in coordination with the LEA within 45 days of referral. / 2. Coordinates with ECI to participate in the development of an IFSP for a child, birth through two, with auditory and/or visual impairments within 45 days of the referral to ECI.
No additional requirement
3. Ensures that each local ECI program will:
a. Identify all children for auditory and visual impairments using identification criteria jointly developed by the TEA and ECI including the following where indicated:
i. An evaluation by an eye doctor;
ii. An otological examination performed by an otologist or by a licensed medical doctor with documentation that an otologist is not reasonably available;
iii. An audiological evaluation by a certified audiologist.
b. Refer all children who have or are suspected of having a visual and/or auditory impairment to the LEA for an evaluation by a teacher certified to teach children with a visual and/or auditory impairment. Parental consent is required; and
c. Coordinate service delivery with the LEA and other service agencies.
d. Have paperwork received and documented by the 20th of each month. / 3. Will keep a folder on each child that contains, at a minimum, the following documentation:

Basic child and family information
Referral information
A copy of the eye doctor or otologist report
Evaluation/assessment reports
The IFSP
Procedural safeguards forms (e.g., ECI forms containing consent for evaluation/assessment and services for the local school district is providing)
Documentation that written information about the TSBVI and/or the TSD was given to and signed by parents annually. Document parent refusal to sign. Provide ECI a copy and maintain a copy in the LEA local folder.
For children with visual impairments, the Consent for Release of Confidential Information: Student with a Visual Impairment for TEA to release information from the January Registration of Students with Visual Impairments and, for children with deafblindness, permission to release information from the Deafblind Census; and
Copies of progress reports, to be copied to ECI by the 5th of the following month. A copy will be given to the parent.
A list of suggested strategies will be given to the parent to work on between visits as determined by the AI/VI teacher.

4. Ensures that all children are referred to the LEA for evaluation related to a visual impairment. ECI will refer to the LEA for the following: / 4. Ensures that all children, birth through two, referred with identified or suspected visual impairments will provide the following:

A functional vision evaluation and learning media assessment by a VI teacher;

A functional vision evaluation and learning media assessment by a VI teacher;

An orientation and mobility evaluation screening and, if indicated, an orientation and mobility evaluation; and

ECI will provide LEA with a written referral for VI services.

Any evaluations/assessments will be completed and reports provided to the ECI program within 25 school days of referral by ECI to the district.

Consultation by a teacher with a Visually Handicapped Endorsement who will provide information and recommendations to the local ECI program assessment team;

A VI teacher to consult with the local ECI program assessment team in planning all aspects of the child's assessment and to participate as a member of the interdisciplinary team to determine eligibility and to develop the IFSP.

Attendance notification will be sent through a 14-day prior written notice, to the VI teacher and/or the specialist of Orientation & Mobility, for the initial and annual IFSP meetings, and other IFSP meetings when issues related to or impacted by the visual impairment will be addressed,

A teacher with a Visually Handicapped Endorsement to attend as a member of the interdisciplinary team, each annual IFSP meeting and each IFSP meeting that addresses issues related to and impacted by the visual impairment. The LEA may provide written request to waive the 10-day attendance notice;

Services for VI included in the IFSP will be provided by a teacher with a Visually Handicapped Endorsement.

Services by a teacher with a Visually Handicapped Endorsement and an orientation and mobility specialist, as specified by the IFSP;

Will provide separate progress notes for each child so that notes do not contain information about more than one child. The LEA will send originals, copies, or faxed copies of the notes to the ECI program no later than the 5th of the following month.

Materials that are available through Quota Funds as specified by the IFSP; and

Registration of each child on the Annual Registration of Students with Visual Impairments; and as appropriate, on the Deaf-blind Census.

5. Ensures that all children are referred to the LEA for evaluation related to an auditory impairment. ECI will refer to the LEA for the following: / 5. Ensures that all children, birth through two, referred with identified or suspected auditory impairments will provide the following:

A communication assessment, including sign language, conducted by a teacher with a Hearing Impaired Certificate or other professionals who are qualified to work with children with auditory impairments;

Assessments required to determine the need for services or adaptive equipment related to the auditory impairment;

Consultation by a teacher with a Hearing Impaired Certificate who will provide information and recommendations to the local ECI program assessment team;

An AI teacher to consult with the local ECI program assessment team in planning all aspects of the child's assessment and to participate as a member of the interdisciplinary team to determine eligibility and to develop the IFSP.

ECI will provide LEA with a written referral for AI services;

Any evaluations/assessments will be completed and reports provided to the ECI program within 25 school days of referral by ECI to the district.

Attendance notification will be sent through a 14-day prior written notice, to the AI teacher at the initial and annual IFSP meetings and at other IFSP meetings when issues related to or impacted by the auditory impairment will be addressed; and

An AI teacher to attend as a member of the interdisciplinary team, each annual IFSP meeting and each IFSP meeting that addresses issues related to and impacted by the visual impairment.

Services for AI included in the IFSP will be provided by a teacher with a Hearing Impaired Certificate.

Services by a teacher with a Hearing Impaired Certificate as specified by the IFSP;

Will provide separate progress notes for each child so that notes do not contain information about more than one child. The LEA will send originals, copies, or faxed copies of the notes to the ECI program no later than the 5th of the following month.

Necessary instructional support to ensure that a child with an auditory impairment has access to appropriate communication which may include American Sign Language (ASL), information about deaf culture and all educational options, including TSD, as appropriate

Materials that are available through Quota Funds as specified by the IFSP; and

Registration of each child on the Annual Texas Survey of Deaf and Hard of Hearing Children and Youth.

6. ECI will send notification of initial, six-month periodicreview, and annual IFSP meetings to AI/VI teacher 10-days prior to IFSP meeting. If no response comes from LEA, AI/VI services will not be addressed at that scheduled IFSP meeting. A later revisionperiodic review meeting will be scheduled in order to address AI/VI services with the AI/VI teacher present. / 6. Ensures that the AI/VI teacher(s) will respond in writing to the 10-day prior written notice of the initial, six-month periodicreview, and annual IFSP meetings, to indicate the intention to attend or not attend or the need to reschedule.
7. AI/VI teachers will have the opportunity to review IFSP addendumsperiodic reviews developed during unattended meetings which did not address AI/VI issues. In the case of disagreement with IFSP changes, the AI/VI teacher must request in writing that the IFSP team reconvene within five days of receipt of the revised IFSP. / 7. AI/VI teachers will review IFSP addendumsperiodic reviews developed during unattended meetings which did not address AI/VI issues. AI/VI teachers will request in writing that the IFSP team reconvene within five days of receipt of the revised IFSP.

Ensures that all families referred for services receive all rights and procedural safeguards as outlined in Part C.

Ensures that all families receiving services for AI/VI will be provided with specific written information about the TSBVI and the TSD annually. This action is to be documented in the child’s folder at the LEA, typically by a receipt document or an assurance statement.

No Additional Requirements

Ensures that each LEA will enroll all children, birth through two years of age, with visual and/or auditory impairments who need specialized services and include them in the Public Education Information Management System (PEIMS).

No Additional Requirements

Ensure that each LEA will cooperate fully with all complaint investigations conducted under Part C or the Family Educational Rights and Privacy Act (FERPA) and all data collection efforts to the extent permitted by law.

Recognizes that the IFSP and IFSP team meeting will replace the individualized education program (IEP) and the admission, review and dismissal (ARD) committee for children birth through two with visual and/or auditory impairments.

Recognizes that the IFSP and IFSP team meeting will replace the individualized education program (IEP) and the admission, review and dismissal (ARD) committee for children birth through two with visual and/or auditory impairments.

TRANSITION PROCESS

ECI / LEA

By 27-33 months, strategies addressing transition must be included in the IFSP. The IFSP must include the steps ECI will take to assist the family in preparing their child for transition, which will take place on the child’s third birthday to:

Preschool Programs for Children with Disabilities; or
Other services that may be available, if appropriate.

No Additional Requirements

LEAs coordinate efforts with ECI programs to support parent involvement in the transition planning process

Part BPotentially Eligible Notification: ECI is required to notify the LEA of children who are potentially eligible for the special education program at least 90 days before the child’s third birthday unless the parent opts out. This can be done at the transition conference, in a referral packet, or a written list titled Part B Potentially Eligible Notification- including limited personally identifiable information. Limited personally identifiable information will include:
Child’s Name
Date of Birth
Parent’s Name(s)
Language
Address
ECI contact person
ECI contact phone number
Reason for late, if necessary

ECI will use the definition of potentially eligible provided by the State ECI.
IFSP teams will need to consider the 13 disability categories for special education. *Texas uses the following list of disability categories to determine if a child (aged 3-21) is eligible for special education and related services:

Auditory Impairment (AI)
Autism (AU)
Deaf-Blindness (DB)
Emotional Disturbance (ED)
Mental Retardation (MR)
Multiple Disabilities (MD)
Orthopedic Impairment (OI)
Other Health Impairment (OHI)
Learning Disability (LD)
Speech Impairment (SI)
Traumatic Brain Injury (TBI)
Visual Impairment (VI)
Non-Categorical Early Childhood (NCEC)

These listed disability categories are more general in nature than a specific diagnosis. Only a few specific diagnoses are mentioned under the federal definitions. However, it is interesting to note that one of the changes made to IDEA 2004 was the specific mention of Tourette’s Syndrome under “Other Health Impairment”. You can find the definitions of each of these categories in TEA’s Rules and Regulations for special education side-by-side document at .
The “Non-Categorical Early Childhood” category is not in IDEA but was added in Texas to allow preschoolers to be found eligible for special education without being labeled with a specific disability. They do, however, still have to go through the evaluation process. In Texas, a child between the ages of 3-5 may be described as “NCEC” if he or she has been found to need special education as a result of:

Mental Retardation,
Emotional Disturbance,
Specific Learning Disability, or
Autism.

To be eligible for special education services the child must have a disability identified in one of the categories above, AND have an educational need. Teams may want to consider a child potentially eligible for special education if the child has a disability (or disabilities) that can be expected to adversely affect his/her ability to reach age-appropriate educational goals without direct or indirect support from a special education teacher, therapist, and/or other special educator. A disability can affect the educational process when it interferes with the child’s ability to:

learn,
maintain health status required to attend and participate in school,
navigate the school environment,
make and maintain positive relationships with other children,
communicate effectively with others,
understand and process verbal instruction, and/or
manage his/her own behavior.

LEA will treat the Part B Potentially Eligible Notification as the initial referral. LEA will work with ECI to obtain written consent to determine eligibility.

The ECI service coordinator contacts the LEA to coordinate the transition conference (face-to-face meeting). The transition conference may occur as early as nine months prior to and no later than 90 days prior to the child’s third birthday. The ECI service coordinator may attend the transition conference (face to face meeting).

Each LEA will participate in transition planning conferences arranged by the designated local ECI program. In Texas, the transition planning conferences are held no later than 90 days before the child’s third birthday. (34 CFR §300.124)