Early Intervention Intergovernmental Agreement - ISBE & DHS

Helping Families. Supporting Communities. Empowering Individuals.
Stamped as Received SEP 26 2005
Department of Humna Services
Bureau of Early Intervention

INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE ILLINOIS DEPARTMENT OF HUMAN SERVICES
AND THE ILLINOIS STATE BOARD OF EDUCATION REGARDING EARLY INTERVENTION CLIENT DATA TRANSFER UPON TRANSITION

This Intergovernmental Agreement (The "Intergovernmental Agreement") is hereby made and entered into as of the date of execution by and between the Illinois Department of Human Services (hereafter "DHS") and the Illinois State Board of Education (hereafter "ISBE"), to provider ISBE with information from DHS Early Intervention Records. Each of the parties hereto is an agency of the government of the State of Illinois.

WHEREAS, DHS and ISBE both have "child find" responsibilities under The Individuals with Disabilities Education Improvement Act of 2004 Act (IDEIA 2004), (20 U.S.C.Sections 1412(a)(3) and 1435(a)(5), and 34 CFR Sections 300.125 and 303.148(b)(1));

WHEREAS, the parties are required to ensure a smooth transition from Early Intervention services under Part C, to preschool or other appropriate services (20 U.S.C. 1437(a)(8)(A) and 1412(a)(9));

WHEREAS, the Family Education Rights and Privacy Act (FERPA) allows for the disclosure of information to ISBE for program compliance purposes (34 CRF 99.31(a)(3)(iv) and 99.35(a));

WHEREAS, the DHS Early Intervention Program is a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) that administers a public benefit program, and the disclosure of information to ISBE as set forth herein is expressly authorized by statue or regulation (45 CFR 154.512(k)(6)(i)) (34 CFR 99.31(a)(3)(iv) and 99.35(a));

WHEREAS, DHS and ISBE are empowered under the Illinois Constitution (Ill. Const., Art. VII, Sec.10) and the Intergovernmental Cooperation Act (5 ILCS 220/1 et. seq.) to contract with each other in any manner not prohibited by law;

NOW, THEREFORE, in consideration of the forgoing recitals and the mutual covenants and promises contained herein, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:

Article I. Specific Provisions

  1. DHS shall allow disclosure to ISBE of personally identifiable information and contact information regarding Part C early intervention clients, for the purpose of transition and child find as required bylaw.
  2. The above information may be disclosed regarding Part C Clients who will shortly turn three and transition from receiving early intervention services under Part C, to potentially receiving special education and related services under Part B of IDEIA.
  3. The identifying information to be disclosed includes only the child's name, date of birth, and sufficient parent contact information to ISBE.
  4. ISBE will use the information disclosed for purposes of federal reporting requirements and its monitoring of transition and child find duties under IDEIA. Any other use of the information disclosed is strictly prohibited, except with the prior written consent of DHS in an amendment to this Agreement.
  5. Data required for the U.S. Department of Education's Annual Performance Report (APR) (See Exhibit A), will be provided to ISBE no later than January 1st of each year.
  6. DHS and ISBE will protect the confidentiality of such information and comply with all applicable Federal and State laws regarding such.
  7. This Intergovernmental Agreement does not negate any DHS policies or procedures regarding consent during the transition process. However consent is not required in order to disclose the above information as set forth herein.
  8. DHS and ISBE will work cooperatively to develop a system to share data for purposes of program evaluation and outcome measurement, as called for in the Government and Results Act (GPRA) of 1993, within the confines of FERPA and HIPAA. This agreement shall be modified to accommodate that use of client data when the parties agree that an acceptable process can be implemtnted.

Article II. General Provisions

  1. Term. Renewal. Termination. This Intergovernmental Agreement shall be effective upon the signing of this Agreement, and shall terminate on June 30, 2006. Thereafter, this Agreement will be automatically renewed and extended for successive one (1) year periods, unless a party gives written notice to the other party that it will not renew at least ninety (90) days prior to the expiration of this Agreement.
  2. Amendment. This Intergovernmental Agreement may only be amended in writing signed by both parties.
  3. Record-keeping. ISBE shall maintain and make available to DHS or its designee all data, records, data elements, and any other information collected, gathered, obtained or otherwise received by ISBE pertaining to this Agreement. These records shall be maintained in accordance with IDEIA regulations (34 CFR Sections 300.560-300.577), 34 CFR Section 99.35(b)(1) and (2), and other applicable state and federal law (e.g., 5 ILCS 160/17, 160/11; EDGAR Sections 76.730, 76.731, 80.42 (B), 80.36(i)(10) and (11).)
  4. Governing Law. This Intergovernmental Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
  5. Notices. All notices or other correspondence required to be given to either party pursuant to this Intergovernmental Agreement shall be sent by facsimile or delivered or mailed to the following addresses:
    • Illinois State Board of Education
      Attn: Christopher Koch, Ph.D.
      Asst. Superintendent for Special Education
      100 North First Street
      Springfield, IL 62777

      Illinois Department of Human Services
      Attn: Chief of the Bureau of Early Intervention
      Director, Early Intervention
      222 S. College, 2nd Floor
      Springfield, IL 62704


  6. Severability. In case any provision in this Intergovernmental Agreement is head to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.
  7. Assignment. This Intergovernmental Agreement, including the rights, benefits, and duties hereunder, shall not be assignable by either party without the prior written consent of the other party.
  8. Dispute Resolution. The parties hereto shall attempt by negotiation to resolve any disagreements and misunderstanding between them pertinent to the implementation of this Intergovernmental Agreement.

IN WITNESS WEREOF, the parties have executed this Intergovernmental Agreement as of the date an year written above.

Signatures:

Carol Adams,
Secretary of the Illinois Department of Human Services
signed on 8/23/06

Robert Schiller,
State Supt of the Illinois State Board of Education
signed on 9/15/05

Legal Approval (signature unreadable)

History of Early Intervention Terminations from IFSP
10 13 16 31 33 34 35 36 37 38 39 40 Total At Age 3
FY01 71 1423 292 297 884 1364 793 2037 2521 248 89 1034 11053 5187
FY02 58 1637 588 226 434 263 1000 2903 1716 344 94 691 9954 3433
FY03 66 986 227 310 465 94 1077 4676 634 920 39 605 10099 2425
FY04 60 1167 276 441 572 44 1402 5689 708 1033 40 914 12346 2971
Recent 6 months 59 74 164 242 394 28 986 3208 459 498 23 558 7393 1702
Historic Distribution of Early Interventions from IFSP
10 13 16 31 33 34 35 36 37 38 39 40 Term At Age 3
FY01 0.6% 12.8% 2.6% 2.7% 7.9% 12.3% 7.1% 18.3% 22.7% 2.2% 0.8% 9.3% 46.6%
FY02 0.6% 16.4% 5.9% 2.3% 4.4% 2.6% 10.0% 29.2% 17.2% 3.5% 0.9% 6.9% 56.7%
FY03 0.7% 9.8% 2.2% 3.1% 4.6% 0.9% 10.7% 46.3% 6.3% 9.1% 0.4% 6.0% 64.3%
FY04 0.5% 9.5% 2.2% 3.6% 4.6% 0.4% 11.4% 43.1% 5.7% 8.4% 0.3% 7.4% 62.7%
Recent 6 months 0.8% 10.5% 2.2% 3.3% 5.3% 0.4% 13.3% 43.4% 6.2% 6.7% 0.3% 7.5% 58.9%
Distribution of IFSP Terminations at Age 3
Eligible Ineligible Not Deter.
FY 01 39.3% 6.5% 48.6%
FY 02 51.4% 7.8% 30.4%
FY 03 72.0% 14.8% 9.8%
FY 04 73.4% 13.9% 9.1%
Recent 6 mon. 73.7% 12.0% 10.5%
Termination Reasons
10 Deceased
13 Withdrawn by Parent
14 Transfer to another CFC (Not considered)
16 Auto-termination (at 37 months)
21 Moved (Old, not considered)
31 Moved Out-of-State
33 EI Ineligible with Referrals (Under 3)
34 EI Ineligible / No Referrals (Under 3)
35 Completed IFSP Under 3
36 Eligible for Special Education
37 Special Ed. Eligibility Not Determined
38 Special Ed. Ineligible w/Referrals
39 Special Ed. Ineligible/No Referrals
40 No Response from Parents

Cluster Area II: Early Childhood Transition

Question: Are all children eligible for Part B services receiving special education and related services by their third birthday?

State Goal (for reporting period July 1, 2003 through June 30, 2004):

Illinois will increase by 4.5 percentage points, per year, the number of students with disabilities (3-21) who are provided Free and Appropriate Public Education in general education classrooms (80% + time) in the school they would attend if not disabled as measured by: 2.C. Infants and toddlers served in Part C who are determined to have need for Part B services receive Part B service in a timely manner (in accordance with Illinois rules and regulations).

Performance Indicator(s) (for reporting period July 1, 2003 through June 30, 2004):

ISBE and the Illinois Department of Human Services have developed a process for establishing baseline data and conducting an analysis of the data for children served in Part C and their transition needs related to Part B. (See Appendix )

1. Baseline/Trend Data (for reporting period July 1, 2003 through June 30, 2004):

Data from the Illinois Department of Human Services (Part C Lead Agency) indicates that 7,775 children reached their third birthday and exited Part C Early Intervention services during the period of July 1, 2003 through June 30, 2004. Special education eligibility was determined for 6,762 (87.3%) of these children. Eligibility was not determined for 708 (9.1%) of the children. These cases of the remaining 276 (3.6%) of children were automatically closed by Part C after 30 days if the Part C service coordination failed to enter the information. (See Appendix ???) Neither auto-terminations nor terminations without eligibility being determined necessarily mean that the state failed its responsibilities. For auto-terminations it could be that the Part C service coordination agency failed to enter the information in time. In instances where eligibility was not determined, it is often the case that a family decides it does not want to cooperate in the Part B eligibility determination process. For both auto-terminations and terminations without eligibility being determined, and exact number of students for whom special eligibility was later determined is not available. ISBE and DHS cannot follow-up on specific students by name due to FERPA and HIPAA confidentiality issues.

2. Targets (for reporting period July 1, 2003 through June 30, 2004):

86% of students who are exiting Part C services at age 3 and all other children who have come to the attention of the LEA will be receiving Part B services by their 3rd birthday. The tracking system, as described earlier, will be completed and in operation throughout the state.

3. Explanation of Progress or Slippage (for reporting period July 1, 2003 through June 30, 2004):

ISBE and DHS continue to work together to fully implement a tracking system for children who are exiting early intervention service at age 3 (see Appendix F) However, preliminary data from the current data tracking system shows a slight increase in the number of students exiting Part C who have had special education eligibility determinations, and this figure is above the projected target set. This is a result of the system becoming more specific regarding the outcomes for children exiting Part C services.

4. Project Targets (for NEXT reporting period July 1, 2004 through June 30, 2005 and ongoing):

For the year July 1, 2004 through June 30, 2005, eligibility for Part B services will be determined for 95% of children exiting Part C services. All other eligible children who have come to the attention of the LEA will be receiving Part B services by their third birthday. The tracking system, as explained above, will be completed and in operation throughout the state.

5. Future Activities to achieve Projected Targets/Results (for NEXT reporting period July 1, 2004 through June 30, 2005 and ongoing):

Training and technical assistance will continue to be provided regarding the tracking system described above. When the system is fully implemented, the data will more clearly show what happened to the %age of children now in the categories where eligibility was not determined, The specific reasons for eligibility not having been determined will be clear and processes established to avoid these problems.

6. Project Timelines and Resources (for NEXT reporting period July 1, 2004 through June 30, 2005 and ongoing):

Resources for training and technical assistance will include: STARNET, Child Find Project, Sharing A Vision Statewide Early Childhood Conference held in the fall, the Access and Equity Project, and Project CHOICES/Early CHOICES.