university of hawai`i hawai`i 3-5 transition task force jean johnson, drph august 23, 2007

University of Hawai`i

HAWAI`I 3-5 TRANSITION

TASK FORCE

Jean Johnson, DrPH

August 23, 2007


Review purpose of Task Force Provide background information Put everyone on the same page Identify the Committee Task the Committee to develop the survey

Purpose of Meeting Today


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.


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


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


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)


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


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]


Background (National)

Prior to 1975 – Parental Lawsuits

1975 – Education of All Handicapped Children’s Act

1986 – PL 99-457

2004 – IDEA Reauthorization


Background (Hawai`i)

1949 - Exceptional Children’s Law1972 - Early Intervention Began1974 - Silva Consent Decree 1975 - Federal Legislation1980 - Preschool Special Education Began1987 - Part H 1990 - Preschool Task Force1997 - STEPS Project 2000 - Preschool Study under Felix


Children Served under Part C in Hawai`i, 2005

AgesDevelopmental Delay/

Biological RiskEnvironmental

Risk

0-1 yearsTotal Number 431 582

Percentage 18.6% 44.0%

1-2 yearsTotal Number 773 462


2-3 yearsTotal Number 1,162 278


TotalTotal Number 2,320 1,322

Percentage 100% 100%


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%

Total 1,558 100%

Hawai`i Part C Exit Data, 2005


Hawai`i Part B Indicators, 2005

Child Status Following

Referral/Evaluation

Part C Children Referred

Indicator Measure-

ment

CompletedPRIORto 3rd

Birthday

CompletedAFTER

3rd Birthday

IDEA Ineligible 86 14.80% B 44 51.2% 42 48.8%

IDEA Eligible 479 82.44% C 317 66.2% 162 33.8%

No Evaluation Conducted

16 2.76% 15 93.8%


Timelines for Evaluation, 2005565 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.

In 262 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.

194 children (74%) did NOT have services in place or eligibility determined by the 3rd birthday.

68 children (26%) had services in place or eligibility determined by the 3rd birthday.


Comparison Data On Hawai`i and Massachusetts, 2005

Hawai`i MassachusettsNationalAverage

Part C 6.71% 5.90% 2.40%

Part B 4.75% 6.46% 5.84%


QuestionGiven 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.


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 deter-mining eligibility.

Massachusetts “Developmental Delay” Learning capacity significantly limited, impaired, or

delayed and is exhibited by difficulties in one or more areas.

Eligibility Criteria for Part B Section 619


Thesis Questions

1. How differently does the State of Hawaiì and the State of Massachusetts implement IDEA Part C?

2. How differently does the State of Hawaiì and the State of Massachusetts implement IDEA Part B?

3. How differently does the State of Hawaiì 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?


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%


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%


Hawai`i Preschool Settings, 2005

Service Settings Hawai`i StateTotal

NationalAverage

Difference

Number % % %

Early Childhood Setting 229 9.85 33.93 -24.08

Special Education Setting 1474 63.4 32.4 31.0

Home 11 0.47 2.93 -2.46

Split Setting 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

Hawaii Department of Education, Special Education Services Branch, Part B Six-Year State Performance Plan (2005-2010).


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 %

Massachusetts Preschool Settings, 2005


Comparison by Least Restrictive Setting,2005

Program and Setting State

Part C Hawai`i Massachusetts

Natural Environment 81.1% 98.9%

Segregated Setting 11.3% 1.2%

Part B Hawai`i Massachusetts

Early Childhood (LRE) 9.85% 78.4

Split 25.81% ?

Special Education 63.4% ?


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


Funding Comparisons, 2005

State and Program

Federal Funds

Children Served

$ Per Child

Massachusetts

Part B $9,978,737 13,384 $746

Part C $8,350,114 14,023 $595

Hawai`i

Part B $1,016,681 2,235 $437

Part C $2,160,317 3,642 $593


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.


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


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


“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


“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


“Thinking about what needs to be changed” succinctly sum-marizes the charge to this Task Force.


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


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.


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?


ReferencesBlack, 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.


References (continued)

www.ed.gov/about/overview/budget/statetables/index.html

www.ideadata.org

university of hawai`i hawai`i 3-5 transition task force jean johnson, drph august 23, 2007

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