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
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)
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.
Four Main Parts of IDEA
 Part A
 Part B
 Part C
 Part D
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
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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 C
Purpose: to provide early
intervention services for infants and
toddlers (with disabilities or at risk)
and their families.
Overview of IDEA, Part C
Infants 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 System
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Sec. 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
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.
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 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
Part C Services, continued:
 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
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)
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.
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
MONEY $$ MONEY
Who’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
** Flow
through
“ASSIST”
PART C (0-2) & PART B (3-5)
TRIBAL Early Intervention Programs
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
Office of Special Education and
Rehabilitative Services – Office
Of Special Education Programs
OMB NO: 1820-0557
Form Expires: 11/30/2009
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:
Contact Person:
Telephone:
Reservation:
Address:
Telefax:
Age as of December 1, 2010
Section A *
Section B
Section C**
Section D ***
New
Age 0-1
Age 1-2
Number of Indian Infant and Toddlers Residing on Reservation
on December 1, 2010
Number of Indian Infant and Toddlers with Disabilities Residing on
Reservation Receiving Early Intervention Services from the Tribe
Number of Indian Infant and Toddlers who have been identified and will
receive Early Intervention Services within 45 days.
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
Revised
Age 2-3 TOTAL
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
Tribal Early Intervention Program
CHILD FIND ACTIVITIES
(Sec. B)
Dec. 09 – Dec. 10
OR
2. Children screened who did
not require services but need
follow-up or tracking and a
new screening is necessary.
Tribe:
Direct Services: Care Coordination or IFSP
Services
Screening & Identification (Sec. B)
Within 45 days
Dec. 2009
Coordination for Native American
Children & Families
(Sec. C)
State Lead Agency:
Provides IFSP services,
i.e., OT, PT, Speech,
Case Manager, etc.
2nd Level
 Count each year if you provide the direct services (IFSP) and /or care
coordination, etc.
Part C
Table 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.
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
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 – 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.
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 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
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
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
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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.
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.
OFFICE OF SPECIAL EDUCATION
AND REHABILITATIVE SERVICES
REPORT OF INDIAN CHILDREN WITH DISABILITIES RECEIVING SPECIAL EDUCATION
PART B, INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT
PART B
TABLE 1
OMB NO: 1820-0557
FORM EXPIRES: 11/30/2009
Form under revision.
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:
AGE AS OF DEC. 1, 2010
3
4
5
3-5 Totals
Total
Disabled
Total
Disabled
Total
Disabled
DISABILITY
Total
Disabled
Disabled** Served***
Disabled**
Served***
Served***
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)
* 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.
38
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
39
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
Impact of
IDEA Law for
Indian
children and
their families
IDEA’s Impact
On Children & Families
IDEA – Part C
 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).
IDEA – Part B
 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’t
IDEA - Part C
IDEA - Part B
 Sec. 643 (b)(1) establishes the
 Sec. 611 (h)(4)(A) establishes
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.
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’t
IDEA - Part C
 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.
IDEA - Part B
 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) 563-5258
Debra.LenteJojola@BIE.EDU