Serving American Indian Infants, Toddlers and Preschool Children with Disabilities Living on Reservations

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Serving American Indian Infants, Toddlers and
Preschool Children with Disabilities Living on
Reservations

• 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

A Webinar for States
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Introduction Defining the Issue Need
Carol Massanari
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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) 35
  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
  (35) residing on reservations?

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Lets try a poll
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Agenda Outline

• 100 -230 EDT
• Introduction
• Federal Picture
• BIE Context and Funding Description
• TA in the MPRRC Region
• Collaborative Example in ID
• QA Document for both C B
• Questions
• Next Steps

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The Federal Perspective
Matt Schneer
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IDEA - Implementation

• A collaboration between the United States
  Department of Educations 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

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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)

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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)

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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

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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

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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 QA 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

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BIE Perspective Framing The Issue
Sue Bement
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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

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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

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

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MONEY MONEY Whos Got the MONEY?
United States Congress
Department of Education, Office of Special
Education Programs
STATES PART C B LEAD AGENCIES
Department of the Interior, Bureau of Indian
Education DPA/ELO
Flow through
ASSIST
PART C (0-2) PART B (3-5) TRIBAL Early
Intervention Programs
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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

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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.

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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

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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.

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Tribes or Tribal Organizations 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

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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

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The Need
Facilitating effective coordination between
Tribes or Tribal Organizations and States to
ensure infants, toddlers and children and their
families receive the services they need.
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Assisting States Initial Experience
Wayne Ball
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TA to NM and BIE

• Issue/Need Identified
• Confusion about who was responsible for providing
  special education services for preschool children
  (age 35) who reside on a reservation within the
  Local Education Agencys (LEAs) jurisdiction

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Steps Taken

• Facilitated development of a QA 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 LEAs on the
  guidance

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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

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Extending the Impact

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

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Collaborating To Assist A State The ID
Experience

• Richard Henderson

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Background Pre-School Services for Eligible
Children on Reservation in Idaho

• SEA received inquiries from LEAs surrounding a
  tribal preschool intervention program as well
  as inquiries from the tribe about
  responsibilities of the LEAs.
• Questions/Concerns stemmed from
• Who/how should child find be conducted?
• Who provides services?
• Where should services be provided?

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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

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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

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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.

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Working With Tribes in AZ Part C Experience

• Karie Taylor

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Arizona Part C

• Early Childhood Tribal Programs in Arizona
• Gila River Indian Community
• Havasupai
• Hopi
• Navajo Nation
• Salt River Pima-Maricopa
• Tohono Oodham
• White Mountain Apache

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Arizona Part C

• Intergovernmental Agreement
• Navajo Nation

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Arizona Part C

• Local Early Intervention Programs with the Early
  Childhood Tribal Programs
• Child Find
• Refer
• Eligibility
• Assessment
• IFSP
• Coordination with tribal community resources

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National ReachQA Document A Quick Overview

• John Inglish

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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
• QA 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

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Purpose of this QA 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).

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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  

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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 outdirectly, or through
  contract with the BIE, LEAs, and other nonprofit
  organizations

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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.
•  

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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, LEAsnot 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
•  

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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
•  

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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  

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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.

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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.

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Question 8How can States and the BIE work
together to ensure infants, toddlers, and
preschoolers receive the IDEA services to which
they are entitled?

• Memorandums of understanding (MOU) should be
  established to ensure that responsibilities are
  clearly defined and that coordination and
  communication protocols are established across
  early intervention providers, Part C lead
  agencies, local and state education agencies, and
  the BIE. (See Sample MOU Format)

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Questions?
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http//ectacenter.org/topics/bie/mou.asp
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Lets try another poll
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We Need Your Thoughts

• What other issues or needs do you see regarding
  provision of EC services for children who are
  American Indian?
• What did you think of this webinar? (Please take
  time to give us your name and email address in
  the chat.)

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Thank YouYour interest, attention and
dedication to improving results for children who
are American Indian is appreciated.