Joint Statement on Collaboration and Coordination of the MIECHV and IDEA Part C Programs

January 19, 2017

Creating a high-quality system of services and supports for infants and toddlers with disabilities and their families.

The purpose of this joint statement from the U.S. Departments of Education (ED) and Health and Human Services (HHS) (the Departments), is to set a vision for stronger partnerships, collaboration, and coordination between awardees of the Maternal, Infant, and Early Childhood Home Visiting Program (MIECHV) and the Individuals with Disabilities Education Act, Part C Program (IDEA Part C Program). Specifically, this joint statement provides recommendations to states, territories, and tribal entities to identify and enhance opportunities for collaboration and coordination between MIECHV and the IDEA Part C Program.

Effective collaboration and coordination across MIECHV and the IDEA Part C Program can create a high-quality system of services and supports for infants and toddlers with disabilities and their families. It is the position of both Departments that all infants and toddlers and their families should have access to coordinated, comprehensive services that support overall health, development, and wellness. This joint ED and HHS statement aims to advance this position by:

  • Providing an overview of the MIECHV and the IDEA Part C Programs;
  • Emphasizing the potential for collaboration and coordination between MIECHV awardees and the IDEA Part C State programs;
  • Highlighting existing opportunities for partnerships between MIECHV awardees and the IDEA Part C State programs; and
  • Providing recommendations to states, territories, tribal entities, and local programs for identifying and increasing opportunities for collaboration and coordination.

Download:

Joint Policy Statement on Collaboration and Coordination of the Maternal, Infant, and Early Childhood Home Visiting and the Individuals with Disabilities Education Act Part C Programs (PDF, 1.0MB)

Follow us on Twitter and see tweet about this joint statement here! https://twitter.com/ED_Sped_Rehab/status/822090143721025536

New Guide for Providing a Trauma-Informed Approach in Human Services

January 13, 2017

By Mark Greenberg, Acting Assistant Secretary, Administration for Children and Families and Kana Enomoto, Deputy Assistant Secretary for Mental Health and Substance Use, Substance Abuse and Mental Health Services Administration
We’re very pleased to announce that the Administration for Children and Families, the Substance Abuse and Mental Health Services Administration, the Administration for Community Living and the Offices of the Assistant Secretary for Health and the Assistant Secretary for Planning and Evaluation at HHS have developed a Guide to Trauma-Informed Human Services. The Guide is intended to provide an introduction to the topic of trauma, a discussion of why understanding and addressing trauma is important for human services programs, and a “road map” to find relevant resources.

Staff from our divisions have been working together for the last year to develop this guide. We did so because we know there is increasing recognition in human services programs about the importance of being “trauma-informed,” but there are often important questions about what it means to be trauma-informed, what such an approach implies for service delivery and staff training, and how the answers are similar and different across the array of human services programs. The Guide seeks to address these and related questions, and we hope it will be both immediately helpful and a “living” document to be updated over time as our knowledge and experience grow. Trauma is generally described as an especially stressful experience or event which results in physical or mental stress or pain. All of us may experience trauma at one time or another, and for many people, there may be few or no sustained effects, while for others, longer-term impacts and consequences result. This resulting physical or emotional harm could have lasting adverse effects on the individual’s physical, social or emotional well-being.

Research tells us that experiencing traumatic life events can affect the way people learn, plan, and interact with others. Providing human services to individuals who have experienced trauma calls for an approach that takes into consideration their trauma histories. This guide is designed for professional human services providers to help them decide if their services are trauma-informed and how best to deliver and design those services using evidence-based, evidence-informed, and innovative practices most relevant to their needs.

The guide is a web-linked compilation of resources from a range of HHS agencies, federal partners, and respected sources outside government. The site will contain both information and resources for human services leaders at the state, tribal, territorial, and local levels on recent advances in our understanding of trauma, toxic stress, and resiliency and specifically what these advances mean for program design and service delivery.

Some general trauma resources in the guide, which are applicable to all human services programs, include:

  • What is Trauma?
  • What are Adverse Childhood Experiences (ACES)? How are they different from trauma experienced at other times during the life course?
  • What is Post-traumatic Stress Disorder (PTSD)?
  • How does exposure to trauma affect brain development?
  • What do we mean by trauma-informed services and why is such an approach important?

Other trauma resources for specific human services programs or populations include topics such as aging populations, child welfare agencies, domestic violence programs, victims of human trafficking and victims of abuse.

Becoming trauma-informed is one part of ensuring that human services programs are informed by emerging work linking traumatic experiences and physical, mental and emotional health and the underlying brain science. Our agencies welcome hearing from those involved in program administration and service delivery about the issues and experiences faced in efforts to become trauma-informed, and how our agencies can support these efforts and build the knowledge base for the future.

Access the Guide to Trauma-Informed Human Services.

This is posted on The Family Room Blog at https://www.acf.hhs.gov/blog/2017/01/new-guide-for-providing-a-trauma-informed-approach-in-human-services.

Dear Colleague Letter Regarding Least Restrictive Environments

1/9/2017

Dear Colleague:

We are writing to reaffirm the position of the U.S. Department of Education (ED or Department) that all young children with disabilities should have access to inclusive high-quality early childhood programs where they are provided with individualized and appropriate supports to enable them to meet high expectations. Over the last few years, States and communities have made progress in expanding early learning opportunities for young children, with all but four States investing in free public preschool programs.1 The Federal government, while aligning with the movement of States, has led several efforts to increase access to and the quality of early childhood programs, such as the Preschool Development Grants and expansion of Head Start. States have focused on improving the quality of early learning programs, including the development of early learning program standards and incorporating these into Quality Rating and Improvement Systems (QRIS).2

In September 2015, ED and the U.S. Department of Health and Human Services (HHS) issued a policy statement on promoting inclusion in early childhood programs to set a vision on this issue and provide recommendations to States, local educational agencies (LEAs), schools, and public and private early childhood programs.3 Despite the expansion of early childhood programs, there has not yet been a proportionate expansion of inclusive early learning opportunities for young children with disabilities. Given this concern and the ED-HHS policy statement on early childhood inclusion, the Office of Special Education Programs (OSEP) is updating the February 29, 2012, Dear Colleague Letter (DCL) to reaffirm our commitment to inclusive preschool education programs for children with disabilities and to reiterate that the least restrictive environment (LRE) requirements in section 612(a)(5) of the Individuals with Disabilities Education Act (IDEA or Act) are fully applicable to the placement of preschool children with disabilities.4 This DCL supersedes the 2012 OSEP DCL and includes additional information on the reporting of educational environments data for preschool children with disabilities and the use of IDEA Part B funds to provide special education and related services to preschool children with disabilities.

The LRE requirements have existed since passage of the Education for all Handicapped Children Act (EHA) in 1975 and are a fundamental element of our nation’s policy for educating students with disabilities (the Education of the Handicapped Act was renamed the IDEA in 1990). These requirements reflect the IDEA’s strong preference for educating students with disabilities in regular classes with appropriate aids and supports. Under section 612(a)(5) of the IDEA, to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, must be educated with children who are not disabled. Further, special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

MORE…

1 Walter N. Ridley Lecture: Pre-Kindergarten Access and Quality are Essential for Children’s Growth and Development (November 2, 2016), available at: http://www.ed.gov/news/speeches/walter-n-ridley-lecture-pre-kindergarten-access-and-quality-are-essential-childrens-growth-and-development. For more detailed but less recent information on State investments in public preschool see: Barnett, W.S., Friedman-Krauss, A., Gomez, R.E., Squires, J.H., Clarke Brown, K., Weisenfeld, G.G., & Horowitz, M. (2016). The state of preschool 2015: State preschool yearbook. New Brunswick, NJ: National Institute for Early Education Research.

2 QRIS statewide systems are implemented in over half of the States and others are developing such systems. ED and the of Department of Health and Human Services have supported States in further developing such systems under Race to the Top-Early Learning Challenge and the Child Care Development Fund. For more information see: https://qrisguide.acf.hhs.gov/index.cfm?do=qrisabout.

3 See U.S. Departments of Education and Health and Human Services Policy Letter on the Inclusion of Children with Disabilities in Early Childhood Programs (September 14, 2015), available at: http://www2.ed.gov/policy/speced/guid/earlylearning/joint-statement-full-text.pdf.

4 Although not discussed here, other Federal laws apply to preschool-aged children with disabilities as well. These laws include section 504 of the Rehabilitation Act of 1973, as amended (Section 504) and Title II of the Americans with Disabilities Act of 1990, as amended (ADA). The Department’s Office for Civil Rights (OCR) enforces Section 504 and pursuant to a delegation by the Attorney General of the United States, OCR shares (with the U.S. Department of Justice and HHS) in the enforcement of Title II of the ADA in the education context. HHS has Title II jurisdiction over public preschools. 35 CFR §35.190(b)(3). Section 504 prohibits discrimination on the basis of disability in programs or activities that receive Federal financial assistance from the Department. 29 U.S.C. § 794, 34 CFR §104.4(a). Section 104.38 of the Department’s Section 504 regulations specify that recipients of Federal financial assistance from the Department that provide preschool education may not on the basis of disability exclude qualified persons with disabilities, and must take into account the needs of these persons in determining the aid, benefits, or services to be provided. 34 CFR §104.38. Title II prohibits discrimination on the basis of disability by public entities, including public schools, regardless of whether they receive Federal financial assistance. 42 U.S.C. §§ 12131-12134, 28 CFR Part 35 (Title II). Additionally, as applicable, entities providing preschool education must comply with the nondiscrimination requirements set forth in Title III of the ADA that prohibit discrimination on the basis of disability in places of public accommodation, including businesses and nonprofit agencies that serve the public. The U.S. Department of Justice enforces Title III of the ADA. 42 U.S.C. §§ 12181-12189, 28 CFR Part 36 (Title III).

Source: Office of Special Education Programs, U.S. Department of Education

Available at: https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/preschool-lre-dcl-1-10-17.pdf 

FACT SHEET: Equity in IDEA | U.S. Department of Education

12/12/16

The U.S. Department of Education today made available to the public final regulations under Part B of the Individuals with Disabilities Education Act (IDEA), aimed at promoting equity by targeting widespread disparities in the treatment of students of color with disabilities. The regulations will address a number of issues related to significant disproportionality in the identification, placement, and discipline of students with disabilities based on race or ethnicity. The Department is also releasing a new Dear Colleague Letter addressing racial discrimination.

“Children with disabilities are often disproportionately and unfairly suspended and expelled from school and educated in classrooms separate from their peers,” said U.S. Secretary of Education John B. King Jr. “Children of color with disabilities are overrepresented within the special education population, and the contrast in how frequently they are disciplined is even starker.”

King added, “Today’s new regulations and supporting documents provide the necessary guidance and support to school districts and build upon the work from public education advocates and local leaders who believe, like we do, that we need to address racial and ethnic disparities in special education. This important step forward is about ensuring the right services get to the right students in the right way.”

In order to address those inequities, IDEA requires states to identify districts with “significant disproportionality” in special education—that is, when districts identify, place in more restrictive settings, or discipline children from any racial or ethnic group at markedly higher rates than their peers.

Children of color—particularly African-American and American Indian youth—are identified as students with disabilities at substantially higher rates than their peers. It is critical to ensure that overrepresentation is not the result of misidentification, including both over- and under-identification, which can interfere with a school’s ability to provide children with the appropriate educational services required by law. It is equally important to ensure that all children who are suspected of having a disability are evaluated and, as appropriate, receive needed special education and related services in the most appropriate setting and with the most appropriate discipline strategies employed.

Source: U.S. Department of Education

Available at: https://www.ed.gov/news/press-releases/fact-sheet-equity-idea?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=

Eligibility and Access in the CCDF Program

FROM THE OFFICE OF CHILD CARE

1/11/17

Dear Colleague:

As we begin a new year, it’s natural to take stock of our priorities as we move forward. Fortunately, the recognition of the importance of child care to child development and family economic stability continues to grow.

The Child Care and Development Block Grant (CCDBG) Act was updated and reauthorized with bipartisan support by Congress in 2014 to better meet these dual goals. A report issued last month provides information on the reach of the Child Care and Development Fund (CCDF) program, the Nation’s largest funding source for child care assistance to help parents who are working or in education/training to pay for child care and to improve the quality of care for all children. States, Territories, and Tribes use CCDF funds to serve their unique populations and to have some flexibility in setting specific policies that govern the everyday experiences of over 1 million children, their families, and the early childhood workforce that nurtures them, and our collective future, each day.

The CCDBG Act of 2014 required the U.S. Government Accountability Office (GAO) to examine the extent of participation in the CCDF program across States. The resulting report, Access to Subsidies and Strategies to Manage Demand Vary Across States, found that approximately 14.2 million children under age 13 were in families estimated to be eligible for CCDF subsidies in an average month. These figures are based on the Federal limit on eligibility, which allows States, Territories, and Tribes to set maximum income eligibility no higher than 85% of State Median Income (SMI) and which requires families to qualify based on their participation in work or education/training. According to the Census Bureau, nationally, 85% of SMI translates to a family income of roughly $45,000 per year.Statesmay set the threshold lower and add other eligibility criteria. The GAO found the total number eligible when these criteria are applied is 8.6 million. Of those, GAO found that 1.5 million children in eligible families received child care subsidies in the years for which the data were reviewed (2011 and 2012). That number translates into just 11% of federally eligible children receiving CCDF subsidies. Please view the chart on page 10 of the report for a graphic illustrating these results.

Before, we typically used the figure of 15% of children federally eligible for CCDF who could access the program, based on an analysis published by the Assistant Secretary of Planning and Evaluation in 2015. Now, GAO’s calculations show just 11% benefit from access to this important support that helps families choose child care so that they can work or attend school. This current situation is a lost opportunity to strengthen American families and children’s prospects for their future.

Over three-quarters (77%) of children receiving a subsidy lived in families with income under 150% of the Federal poverty level, with 60% below poverty. Poverty wages meant earnings less than $23,000 for a family of four in 2012, the most recent year of data that GAO analyzed. The average price of child care for an infant care in a center is over $10,000 a year, although it varies depending on the cost of living in different areas.

When more families ask for a subsidy than a State can serve, it leads to difficult choices. GAO asked 32 States questions about how they manage the demand for child care subsidies. States mentioned using wait lists, prioritization criteria, and closing intake.

With the birth of a new year, like the birth of a child, comes new potential and promise. Thank you to all who will be a part of realizing that potential and promise for children, families, and the early childhood workforce in 2017.

Sincerely,

Rachel Schumacher

A Farewell Letter from Dr. Enriquez

Dear Head Start program staff and parents,

I am blessed beyond words to have spent the last 20 months working with such intelligent, committed, and loving colleagues as yourselves. So it is with a mixed heart that I announce that as the Obama Administration is coming to a close, so is my time at the helm of the Office of Head Start. Simultaneously, it is a pleasure to remind you of the successes that we have accomplished together as we enhanced the Head Start legacy for future generations.

We strengthened Head Start, set our sights on creating high-performing agencies, opened and enhanced communication systems, reported on lessons learned from the Classroom Assessment Scoring System (CLASS®) and the Designation Renewal System (DRS), and worked in unison to publish the new Head Start Program Performance Standards. These accomplishments were designed to position present and future generations with quality tools to help them become even more successful!

Though each of our Head Start families is unique, it is our job to help them become as strong and stable as possible, regardless of what they believe or who they are. Our Head Start community consists of traditional two-parent households and non-traditional families made of a single mother or father; children raised by grandparents, relatives, or older siblings; and families whose parents are both of the same gender. We have students who open gifts on Christmas, who are taught the Torah, and who proudly wear headscarves as part of their Muslim faith. Some of our families are indigenous Native Americans, some are descendants of the pilgrims, and yet others moved to the United States within the last year and may migrate to work and bring food to our tables.

Our Head Start family is a snapshot of this country, and we are faced with the task of creating an environment that celebrates and harnesses the strengths of all of these differences. As partners, staff, and parents, I know you strive to get better at that—and I thank you for all you do!

You serve more than one million children annually, but it is your passion to focus on the “one child in a million,” as though each were our own that makes me most proud. You are the face of Head Start, made even more beautiful by the loving attitude and hard work you bring to Head Start every day.

I have traveled our nation and met magnificent and highly competent people throughout all levels of Head Start. It is not just your minds, but your hearts and minds working in unison that must continue guiding us forward with compassion and focus. Therefore, I leave the Office of Head Start with the knowledge that it remains in capable hands—hands that are guided by passionate hearts and sharpened minds.

As always, I am deeply humbled and honored to have worked with each and every one of you. My very best wishes for you from this day forward.

Yours sincerely,

Dr. Blanca E. Enriquez

Dr. Blanca Enriquez is the Director at the Office of Head Start.

Source: A Farewell Letter from Dr. Enriquez

Available at: https://eclkc.ohs.acf.hhs.gov/hslc/hs/news/blog/farewell-dr-enriquez.html

Assistance to States for the Education of Children With Disabilities; Preschool Grants for Children With Disabilities

12/19/2016

The Secretary amends the regulations under Part B of the Individuals with Disabilities Education Act (IDEA) governing the Assistance to States for the Education of Children with Disabilities program and the Preschool Grants for Children with Disabilities program. With the goal of promoting equity under IDEA, the regulations will establish a standard methodology States must use to determine whether significant disproportionality based on race and ethnicity is occurring in the State and in its local educational agencies (LEAs); clarify that States must address significant disproportionality in the incidence, duration, and type of disciplinary actions, including suspensions and expulsions, using the same statutory remedies required to address significant disproportionality in the identification and placement of children with disabilities; clarify requirements for the review and revision of policies, practices, and procedures when significant disproportionality is found; and require that LEAs identify and address the factors contributing to significant disproportionality as part of comprehensive coordinated early intervening services (comprehensive CEIS) and allow these services for children from age 3 through grade 12, with and without disabilities.

Source: Federal Register

Available at: https://www.federalregister.gov/documents/2016/12/19/2016-30190/assistance-to-states-for-the-education-of-children-with-disabilities-preschool-grants-for-children

A National Challenge – Supporting the Development of Young Children Who are Affected by Maternal Substance Abuse

12/20/2016

By Linda K. Smith, Deputy Assistant Secretary for Early Childhood Development

This week, we are releasing a Policy Statement: “Supporting the Development of Young Children in American Indian and Alaska Native Communities Who are Affected by Alcohol and Substance Exposure”.   The policy is the result of over a year and a half conversation and intense look into what we know – and don’t know – about the babies born to mothers who use alcohol or drugs during pregnancy.  The policy statement grew out of a visit by our Secretary to two Native American communities in 2015 and a request for help in supporting these babies who are enrolled in our Early Head Start and Child Care programs.  And, although the policy responds to the issue in our AIAN communities, it easily could apply to any state and many communities across America.  Many of our communities are experiencing marked increases in the use of opioids and a commensurate increase in the cases of babies experiencing Neonatal Abstinence Syndrome (NAS).

Of 28 states that examined trends in Neonatal Abstinence Syndrome (NAS), and maternal opioid use, the overall NAS incidence increased 300% between 1999 and 2013.   According to the National Institute on Drug Abuse, a baby is born suffering from opioid withdrawal every 25 minutes.  Newborns that experience opiates in utero may experience NAS and depending on the severity of drug withdrawal, may suffer a number of symptoms as a result.  Generally speaking, the medical focus is short term and primarily focused on getting the infant through withdrawal, and helping the mother accept and follow through on substance misuse and treatment.  Not much attention has been paid to helping the mother understand and learn to care for her baby.  Almost no attention has been paid to other caregivers who may actually care for the babies for extended periods.  Whether they are parents, grandparents, child care providers or Early Head Start teachers they too will need to understand NAS and the accompanying symptoms.

Babies born with NAS are irritable, engage in excessive crying, have trouble with eating and digestion and frequently don’t like to be touched.  This may impact the mother and baby’s ability to bond during those critical first days and weeks.  Most symptoms will diminish as the child gets older, but some symptoms could last for months or longer.  While impacts on cognitive development are unclear, children born with NAS appear to be more likely to have behavioral problems such as poor attention span, hyperactivity and challenges with self-regulation.  They may be very sensitive to light and sound and require environmental modifications.

Findings from those studies that have been done indicate that long term effects are highly dependent on the quality of the caregiving environment, which suggests that the effects can be mitigated with access to appropriate supports.  Although there is more that we don’t know than what we do, one thing is certain, being aware of the problems and potential symptoms can help adults who work with either NAS or Fetal Alcohol Spectrum Disorders (FASD) babies provide the best possible environments and care to help these children develop.

While I have focused here on the NAS challenges, the policy addresses children affected by any substance abuse during pregnancy including Fetal Alcohol Spectrum Disorders (FASD.)  According to the Institute of Medicine, “of all substances of abuse (including heroin, cocaine, and marijuana) alcohol produces by far the most serious neurobehavioral affects in the fetus”.   It should be clear that providing preventive, educational information and services to expectant mothers is a top priority.

I urge everyone, whether you work with AIAN families or not, to read this policy statement and share what you know about programs or training for adults who care for NAS/FASD affected children.  What works, what doesn’t?  Until we know more, we must learn from each other.   Finally, it is vitally important to raise awareness about the effects of substance abuse on both the mothers and their babies.

Look for the Policy Statement on the ACF’s website. It will be posted as soon as possible.

Source: Administration for Children and Families, Early Childhood Development

Assistance to States for the Education of Children With Disabilities; Preschool Grants for Children With Disabilities; Final Rule

12/19/16

The Secretary amends the regulations under Part B of the Individuals with Disabilities Education Act (IDEA) governing the Assistance to States for the Education of Children with Disabilities program and the Preschool Grants for Children with Disabilities program. With the goal of promoting equity under IDEA, the regulations will establish a standard methodology States must use to determine whether significant disproportionality based on race and ethnicity is occurring in the State and in its local educational agencies (LEAs); clarify that States must address significant disproportionality in the incidence, duration, and type of disciplinary actions, including suspensions and expulsions, using the same statutory remedies required to address significant disproportionality in the identification and placement of children with disabilities; clarify requirements for the review and revision of policies, practices, and procedures when significant disproportionality is found; and require that LEAs identify and address the factors contributing to significant disproportionality as part of comprehensive coordinated early intervening services (comprehensive CEIS) and allow these services for children from age 3 through grade 12, with and without disabilities.

Source: Federal Register, Volume 81 Issue 243

Available at: https://www.gpo.gov/fdsys/pkg/FR-2016-12-19/html/2016-30190.htm

Head Start Family and Child Experiences Survey (FACES)

The Office of Planning, Research and Evaluation (OPRE), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS), is proposing to collect data for a new round of the Head Start Family and Child Experiences Survey (FACES). Featuring a new “Core Plus” study design, FACES will provide data on a set of key indicators, including information for performance measures. The design allows for more rapid and frequent data reporting (Core studies) and serves as a vehicle for studying more complex issues and topics in greater detail and with increased efficiency (Plus studies).

The FACES Core study will assess the school readiness skills of Head Start children, survey their parents, and ask their Head Start teachers to rate children’s social and emotional skills.

Source: Office of Head Start

Available at: http://hsicc.cmail20.com/t/ViewEmail/j/117A8F86594F1FFD/2ABD24CF6E74000C0F8C96E86323F7F9