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University of Hawai`i HAWAI`I 3-5 TRANSITION TASK FORCE Jean Johnson, DrPH August 23, 2007 University of Hawai`i Purpose of Meeting Today Review purpose of Task Force Provide background information Put everyone on the same page Identify the Committee Task the Committee to develop the survey University of Hawai`i Purpose of ACT 289 To study the feasibility of expanding eligibility, pursuant to Part C of the Individuals with Disabilities Education Act, for services from the Department of Health’s Early Intervention Section to children between 3 and 5 years old who have developmental disabilities. University of Hawai`i Tasks Identify the potential number of children annually who may benefit from a longer transition period Identify the number who were served by Part C, but not eligible to be served under Part B Identify the number with delays, ages 3-5, who were not served by Part C University of Hawai`i Tasks (continued) Research evidence-based practices for service models Define the array of services required Based on projected numbers, derive resources and cost projections Conduct a needs assessment of families, focusing on their transition experiences University of Hawai`i The Task Force Shall Also: Project the timeline to develop resources Develop indicators for evaluation to assess outcomes Submit a report to the Legislature 20 days prior to the convening of the 2008 Session (report due December 27, 2007) University of Hawai`i Funding Appropriation of $120,000 Governor allowed House Bill No. 531 to become law as Act 289 without her signature DOH initial funding $15,000 to begin University of Hawai`i To Begin The Department of Health to enter into a Memorandum of Agreement with the Center on Disability Studies for $15,000 to do the following: Facilitate two meetings of the Task Force Complete the needs assessment of families. focusing on their transition experiences from Part C. [(7) in Act 289] University of Hawai`i Background (National) Prior to 1975 – Parental Lawsuits 1975 – Education of All Handicapped Children’s Act 1986 – PL 99-457 2004 – IDEA Reauthorization University of Hawai`i Background (Hawai`i) 1949 - Exceptional Children’s Law 1972 - Early Intervention Began 1974 - Silva Consent Decree 1975 - Federal Legislation 1980 - Preschool Special Education Began 1987 - Part H 1990 - Preschool Task Force 1997 - STEPS Project 2000 - Preschool Study under Felix University of Hawai`i Children Served under Part C in Hawai`i, 2005 Developmental Delay/ Biological Risk Environmental Risk 431 582 18.6% 44.0% 773 462 Percentage 33.3% 34.9% Total Number 1,162 278 Percentage 50.1% 21.0% Total Number 2,320 1,322 Percentage 100% 100% Ages 0-1 years 1-2 years 2-3 years Total Total Number Percentage Total Number University of Hawai`i Hawai`i Part C Exit Data, 2005 Category Number Percentage Exited prior to age 3; developmentally age appropriate 519 33% Part B eligible (unknown how many enrolled) 501 32% Not Part B eligible 274 18% Part B eligibility not determined 264 17% 1,558 100% Total University of Hawai`i Hawai`i Part B Indicators, 2005 Child Status Part C Children Following Referred Referral/Evaluation Indicator Measurement Completed PRIOR to 3rd Birthday Completed AFTER 3rd Birthday 42 IDEA Ineligible 86 14.80% B 44 51.2% 48.8% IDEA Eligible 479 82.44% C 317 66.2% 162 33.8% No Evaluation Conducted 16 2.76% 15 93.8% University of Hawai`i Timelines for Evaluation, 2005 565 Evaluations were conducted for children who were served by Part C. In 303 cases, consent for evaluation was received > 60 days prior to the 3rd birthday. 293 children (97%) had services in place or eligibility determined by the 3rd birthday. 10 children (3%) did NOT have services in place or eligibility determined by the 3rd birthday. In 262 cases, consent for evaluation was received < 60 days prior to the 3rd birthday. 68 children (26%) had services in place or eligibility determined by the 3rd birthday. 194 children (74%) did NOT have services in place or eligibility determined by the 3rd birthday. University of Hawai`i Comparison Data On Hawai`i and Massachusetts, 2005 Part C Part B Hawai`i Massachusetts 6.71% 5.90% 4.75% 6.46% National Average 2.40% 5.84% University of Hawai`i Question Given the apparent similarities in policies and system implementation in the two states, the question arises why the State of Hawai`i experiences a decrease in the percentage of children served in preschool special education (Part B), while Massachusetts maintains a percentage that is above the national average. University of Hawai`i Eligibility Criteria for Part B Section 619 Hawai`i “Developmental Delay” 1.5 SD in one area, except if the area is cognitive, then adaptive environment must also be 1.5 SD below the mean. OR Team, including parent, determines that patterns of learning deviate from age expectations across settings and provides the basis and method used in determining eligibility. Massachusetts “Developmental Delay” Learning capacity significantly limited, impaired, or delayed and is exhibited by difficulties in one or more areas. University of Hawai`i Thesis Questions 1. How differently does the State of Hawai`i and the State of Massachusetts implement IDEA Part C? 2. How differently does the State of Hawai`i and the State of Massachusetts implement IDEA Part B? 3. How differently does the State of Hawai`i and the State of Massachusetts implement the transition process from Part C to Part B? 4. What are the factors that influence families’ decisions in each state to discontinue services from Part C to Part B? University of Hawai`i Hawai`i Part C Service Settings, 2005 Early Intervention Section 2005 1,426 % Program for Develop. Delay 161 11.3% Program for Typical 108 7.6% Home 1,048 73.5% Total-Natural Environments 1,156 81.1% Served in Provider Location 102 7.2% Hospital/Residential 7 0.5% Other 0 0.0% University of Hawai`i Massachusetts Part C Service Settings, 2005 Early Intervention Section 2005 14,023 % Segregated Setting 164 1.2% Program for Typical 1,628 11.6 Home 12,228 87.2% Total-Natural Environment 13,856 98.9% Served in Provider Location 0 0% Hospital/Residential 2 0% Other 1 0% University of Hawai`i Hawai`i Preschool Settings, 2005 Service Settings Hawai`i State Total National Difference Average Number % % % Early Childhood Setting 229 9.85 33.93 -24.08 Special Education Setting 1474 63.4 32.4 31.0 11 0.47 2.93 -2.46 600 25.81 16.37 9.44 Residential facility 2 0.09 0.09 0.0 Separate school 9 0.39 2.74 -2.35 Itinerant Service 0 0 10.40 -10.40 Reverse mainstream setting 0 0 1.14 -1.14 Home Split Setting Hawaii Department of Education, Special Education Services Branch, Part B Six-Year State Performance Plan (2005-2010). University of Hawai`i Massachusetts Preschool Settings, 2005 Total number of preschool children with IEPs 13,384 Total number of preschool children with IEPs in inclusive settings 10,498 Percent of preschool children with IEPs in inclusive settings 78.4 % University of Hawai`i Comparison by Least Restrictive Setting, 2005 Program and Setting Part C State Hawai`i Massachusetts Natural Environment 81.1% 98.9% Segregated Setting 11.3% 1.2% Hawai`i Massachusetts Early Childhood (LRE) 9.85% 78.4 Split 25.81% ? Special Education 63.4% ? Part B University of Hawai`i Background on Funding Concept of “unfunded mandate” Part C based on state poverty formula Hawai`i is a minimum allocation state Part B is based on a child count formula University of Hawai`i Funding Comparisons, 2005 State and Program Massachusetts Part B Part C Hawai`i Part B Part C Federal Funds Children Served $ Per Child $9,978,737 $8,350,114 13,384 14,023 $746 $595 $1,016,681 $2,160,317 2,235 3,642 $437 $593 University of Hawai`i Unfunded Mandate The federal dollars for educating preschool children with disabilities in Hawai`i ($437 per child in 2005) cover only about 2% of the approximately $21,000 in annual costs of educating a preschool child with disabilities. University of Hawai`i Part C Funding Issues Approximately 90% of the funding comes from State funds Part C has been chronically under-funded Emergency appropriations have been required for many years For the current year, funding is inadequate to serve the number of children referred for services University of Hawai`i Part C Policy Issues Part C has been described as a “flawed national policy” No research exists to show that early intervention should end at age three, regardless of the needs of the child and family Decisions were driven by the compromises to get the legislation enacted rather than best practices University of Hawai`i “For many families, transition means the unwilling severing of a therapeutic relationship with their service providers.” “No wonder many families endure a sharp sense of loss in spite of everyone’s best efforts to make the transition smooth.” --Talbot Black, 2000 University of Hawai`i “I am suggesting that the national policy that emerged from that compromise needs to be examined, even though it has been in effect all these years. And, if the policy does not prove itself to be in the best interests of children and families, then it’s time to think about what needs to be changed.” --Talbot Black, 2000 University of Hawai`i “Thinking about what needs to be changed” succinctly summarizes the charge to this Task Force. University of Hawai`i Caveats First, do no harm! Design a system responsive to needs, not to birthdays Do not design another UNDERFUNDED system Work within other initiatives (Act 259) Include children with 504 eligibility University of Hawai`i Remember Parents have always been the guiding force in policy, whether in the lawsuits that preceded the initiation of the Education of All Handicapped Children’s Act, the Silva Consent Decree, the Infant and Toddler Program, and this Task Force. University of Hawai`i Family Survey What do we need families to tell us that will help the Task Force decide on policy recommendations to the 2008 State Legislature? University of Hawai`i References Black, Talbot (2000). What is early intervention anyway? Keynote Speech, First AAHBEI International Convention, Chicago, Ill. Black, Talbot (2000). A Flawed National Policy Concerning Early Intervention? Keynote Address, First AAHBEI International Conference, Chicago, Ill. Groves, Ivor (2000). Preschool Study. Honolulu, HI: Center on Disability Studies. Hawaii Department of Education, Special Education Services Branch, Part B Six-Year State performance Plan (2005-2010). Massachusetts Department of Education, Part B Six-Year State Performance Plan (2005-2010). Johnson, Jean L. (1992). A Policy Analysis of the First Component Required by P.L. 99-457: Who will be served? Doctoral Dissertation, University of Hawai`i. University of Hawai`i References (continued) www.ed.gov/about/overview/budget/statetables/index.html www.ideadata.org