[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1308.4]



[Page 159-162]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1308_HEAD START PROGRAM PERFORMANCE STANDARDS ON SERVICES FOR 

CHILDREN WITH DISABILITIES--Table of Contents

 

                   Subpart B_Disabilities Service Plan

 

Sec. 1308.4  Purpose and scope of disabilities service plan.





    (a) A Head Start grantee, or delegate agency, if appropriate, must 

develop a disabilities service plan providing strategies for meeting the 

special



[[Page 160]]



needs of children with disabilities and their parents. The purposes of 

this plan are to assure:

    (1) That all components of Head Start are appropriately involved in 

the integration of children with disabilities and their parents; and

    (2) That resources are used efficiently.

    (b) The plan must be updated annually.

    (c) The plan must include provisions for children with disabilities 

to be included in the full range of activities and services normally 

provided to all Head Start children and provisions for any modifications 

necessary to meet the special needs of the children with disabilities.

    (d) The Head Start grantee and delegate agency must use the 

disabilities service plan as a working document which guides all aspects 

of the agency's effort to serve children with disabilities. This plan 

must take into account the needs of the children for small group 

activities, for modifications of large group activities and for any 

individual special help.

    (e) The grantee or delegate agency must designate a coordinator of 

services for children with disabilities (disabilities coordinator) and 

arrange for preparation of the disabilities service plan and of the 

grantee application budget line items for services for children with 

disabilities. The grantee or delegate must ensure that all relevant 

coordinators, other staff and parents are consulted.

    (f) The disability service plan must contain:

    (1) Procedures for timely screening;

    (2) Procedures for making referrals to the LEA for evaluation to 

determine whether there is a need for special education and related 

services for a child, as early as the child's third birthday;

    (3) Assurances of accessibility of facilities; and

    (4) Plans to provide appropriate special furniture, equipment and 

materials if needed.

    (g) The plan, when appropriate, must address strategies for the 

transition of children into Head Start from infant/toddler programs (0-3 

years), as well as the transition from Head Start into the next 

placement. The plan must include preparation of staff and parents for 

the entry of children with severe disabilities into the Head Start 

program.

    (h) The grantee or delegate agency must arrange or provide special 

education and related services necessary to foster the maximum 

development of each child's potential and to facilitate participation in 

the regular Head Start program unless the services are being provided by 

the LEA or other agency. The plan must specify the services to be 

provided directly by Head Start and those provided by other agencies. 

The grantee or delegate agency must arrange for, provide, or procure 

services which may include, but are not limited to special education and 

these related services:

    (1) Audiology services, including identification of children with 

hearing loss and referral for medical or other professional attention; 

provision of needed rehabilitative services such as speech and language 

therapy and auditory training to make best use of remaining hearing; 

speech conservation; lip reading; determination of need for hearing aids 

and fitting of appropriate aids; and programs for prevention of hearing 

loss;

    (2) Physical therapy to facilitate gross motor development in 

activities such as walking prevent or slow orthopedic problems and 

improve posture and conditioning;

    (3) Occupational therapy to improve, develop or restore fine motor 

functions in activities such as using a fork or knife;

    (4) Speech or language services including therapy and use of 

assistive devices necessary for a child to develop or improve receptive 

or expressive means of communication;

    (5) Psychological services such as evaluation of each child's 

functioning and interpreting the results to staff and parents; and 

counseling and guidance services for staff and parents regarding 

disabilities;

    (6) Transportation for children with disabilities to and from the 

program and to special clinics or other service providers when the 

services cannot be provided on-site. Transportation includes adapted 

buses equipped to accommodate wheelchairs or other such devices if 

required; and



[[Page 161]]



    (7) Assistive technology services or devices necessary to enable a 

child to improve functions such as vision, mobility or communication to 

meet the objectives in the IEP.

    (i) The disabilities service plan must include options to meet the 

needs and take into consideration the strengths of each child based upon 

the IEP so that a continuum of services available from various agencies 

is considered.

    (j) The options may include:

    (1) Joint placement of children with other agencies;

    (2) Shared provision of services with other agencies;

    (3) Shared personnel to supervise special education services, when 

necessary to meet State requirements on qualifications;

    (4) Administrative accommodations such as having two children share 

one enrollment slot when each child's IEP calls for part-time service 

because of their individual needs; and

    (5) Any other strategies to be used to insure that special needs are 

met. These may include:

    (i) Increased staff;

    (ii) Use of volunteers; and

    (iii) Use of supervised students in such fields as child 

development, special education, child psychology, various therapies and 

family services to assist the staff.

    (k) The grantee must ensure that the disabilities service plan 

addresses grantee efforts to meet State standards for personnel serving 

children with disabilities by the 1994-95 program year. Special 

education and related services must be provided by or under the 

supervision of personnel meeting State qualifications by the 1994-95 

program year.

    (l) The disabilities service plan must include commitment to 

specific efforts to develop interagency agreements with the LEAs and 

other agencies within the grantee's service area. If no agreement can be 

reached, the grantee must document its efforts and inform the Regional 

Office. The agreements must address:

    (1) Head Start participation in the public agency's Child Find plan 

under Part B of IDEA;

    (2) Joint training of staff and parents;

    (3) Procedures for referral for evaluations, IEP meetings and 

placement decisions;

    (4) Transition;

    (5) Resource sharing;

    (6) Head Start commitment to provide the number of children 

receiving services under IEPs to the LEA for the LEA Child Count report 

by December 1 annually; and

    (7) Any other items agreed to by both parties. Grantees must make 

efforts to update the agreements annually.

    (m) The disabilities coordinator must work with the director in 

planning and budgeting of grantee funds to assure that the special needs 

identified in the IEP are fully met; that children most in need of an 

integrated placement and of special assistance are served; and that the 

grantee maintains the level of fiscal support to children with 

disabilities consistent with the Congressional mandate to meet their 

special needs.

    (n) The grant application budget form and supplement submitted with 

applications for funding must reflect requests for adequate resources to 

implement the objectives and activities in the disability services plan 

and fulfill the requirements of these Performance Standards.

    (o) The budget request included with the application for funding 

must address the implementation of the disabilities service plan. 

Allowable expenditures include:

    (1) Salaries. Allowable expenditures include salaries of a full or 

part-time coordinator of services for children with disabilities 

(disabilities coordinator), who is essential to assure that programs 

have the core capability to recruit, enroll, arrange for the evaluation 

of children, provide or arrange for services to children with 

disabilities and work with Head Start coordinators and staff of other 

agencies which are working cooperatively with the grantee. Salaries of 

special education resource teachers who can augment the work of the 

regular teacher are an allowable expenditure.

    (2) Evaluation of children. When warranted by screening or 

rescreening results, teacher observation or parent request, arrangements 

must be made for evaluation of the child's development and functioning. 

If, after referral for



[[Page 162]]



evaluation to the LEA, evaluations are not provided by the LEA, they are 

an allowable expenditure.

    (3) Services. Program funds may be used to pay for services which 

include special education, related services, and summer services deemed 

necessary on an individual basis and to prepare for serving children 

with disabilities in advance of the program year.

    (4) Making services accessible. Allowable costs include elimination 

of architectural barriers which affect the participation of children 

with disabilities, in conformance with 45 CFR part 84, Nondiscrimination 

on the Basis of Handicap in Program and Activities Receiving or 

Benefiting from Federal Financial Assistance and with the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12101). The Americans with 

Disabilities Act requires that public accommodations including private 

schools and day care centers may not discriminate on the basis of 

disability. Physical barriers in existing facilities must be removed if 

removal is readily achievable (i.e., easily accomplishable and able to 

be carried out without much difficulty or expense). If not, alternative 

methods of providing the services must be offered, if those methods are 

readily achievable. Alterations must be accessible. When alterations to 

primary function areas are made, an accessible path of travel to the 

altered areas (and the bathrooms, telephones and drinking fountains 

serving that area) must be provided to the extent that the added 

accessibility costs are not disproportionate to the overall cost of the 

alterations. Program funds may be used for ramps, remodeling or 

modifications such as grab bars or railings. Grantees must meet new 

statutory and regulatory requirements that are enacted.

    (5) Transportation. Transportation is a related service to be 

provided to children with disabilities. When transportation to the 

program site and to special services can be accessed from other 

agencies, it should be used. When it is not available, program funds are 

to be used to provide it. Special buses or use of taxis are allowable 

expenses if there are no alternatives available and they are necessary 

to enable a child to be served.

    (6) Special Equipment and Materials. Purchase or lease of special 

equipment and materials for use in the program and home is an allowable 

program expense. Grantees must make available assistive devices 

necessary to make it possible for a child to move, communicate, improve 

functioning or address objectives which are listed in the child's IEP.

    (7) Training and Technical Assistance. Increasing the abilities of 

staff to meet the special needs of children with disabilities is an 

allowable expense. Appropriate expenditures may include but are not 

limited to:

    (i) Travel and per diem expenses for disabilities coordinators, 

teachers and parents to attend training and technical assistance events 

related to special services for children with disabilities;

    (ii) The provision of substitute teaching staff to enable staff to 

attend training and technical assistance events;

    (iii) Fees for courses specifically related to the requirements of 

the disabilities service plan, a child's IEP or State certification to 

serve children with disabilities; and

    (iv) Fees and expenses for training/technical assistance consultants 

if such help is not available from another provider at no cost.