Welcome! 1. 2 When Two Laws Go Walking: IDEA and McKinney-Vento Serving Students With Disabilities Experiencing Homelessness NAEHCY Annual Conference.

Welcome!

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When Two Laws Go Walking:IDEA and McKinney-Vento

Serving Students With Disabilities Experiencing

Homelessness

NAEHCY Annual Conference

October 2014

Patricia Ann Popp, Ph.D.

Project HOPE-Virginia

[email protected]

Special acknowledgement to Patricia Julianelle

Director of State Projects and Legal Affairs, NAEHCY

In Case You Didn’t Get It:

An old phonics rule

“When two vowels go walking, the first one does the talking and says its own name.”

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Housing Inconsistent and

inadequate health care Inadequate nutrition Adolescent mothers Disrupted or limited

family support Emotional stress or

depression Adverse childhood

experiences

Risk Factors

“Poverty and its attendant stressors have the potential to shape the neurobiology of the developing child in powerful ways…” (Duncan, Ziol-guest, Kalil, 2010)

Experiences build brain architecture Connections and pruning

Poverty & Special Needs

Homeless and Special Needs

“Compared to middle class peers and low-income children who are housed, “young homeless children experience more developmental delays, emotional problems such as anxiety and depression, and behavior issues.”

— Education Law Center, 2010

Warning!

“Don’t try this at home”

Without consulting state and local policies 7

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Mariela was living in School District A, which placed her in a nonpublic school pursuant to her IEP. She lost her housing and is staying

temporarily in School District B.

1. Is the nonpublic school Mariela’s school of origin under the McKinney-Vento Act?

2. How do we determine if remaining in the nonpublic school is in her best interest?

3. How does the IDEA requirement to educate Mariela in the least restrictive environment influence the determination?

4. If Mariela remains in her school of origin, which school district pays for her education?

5. Which district pays for her transportation? And with IDEA, McKinney-Vento, or district general funds?

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The Intersection of MV & IDEA

IDEA McKinney-Vento

This student is homeless: MV should take the lead

This student has an IEP: IDEA should take the lead

Who pays? Who pays?

No IEP from our LEA, no services (?)

Immediate enrollment without documents

Placement determined by IEP team

School of origin

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Scenario 1: Who Takes the Lead?

The Law MV takes the lead for rights and services

related to homelessness IDEA takes the lead for rights and

services related to a disability Beyond that, federal law does not assign

responsibility Practically, collaboration is essential

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Who Takes the Lead?The Practice

State level communication and collaboration State Advisory Panel (Part B) State Interagency Coordinating Council

(Part C) Informal meetings with colleagues

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Who Takes the Lead?The Practice

Gateways to collaboration: Compliance issues *Child find (1412(a)(3)(A), 1435; 300.103)

Cross-training Joint TA

*Virginia EC Example: MV-Head Start+ Task Force

First Mailing: Modified ParentPak

for young children Bookmarks Developmental

Wheels Description of State

EI and EC programs Children’s Books

To: EI ECSE Head Start Title I PreK Virginia Preschool

Initiative MV liaisons Shelters

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Who Takes the Lead?The Practice

Recent question: Can special education buses be used to transport homeless students without IEPs? Federal law does not prohibit IDEA funds may not pay for seats occupied

by students for whom transportation is not a related service per the IEP

State policies may address reimbursement via Medicaid or other funds

OSEP Dear Colleague Letter to NCHEAugust 5, 2013

IDEA funds to transport SWD experiencing homelessness to school of origin? Yes, IF specialized transportation in IEP

Can SWOD use special ed. transportation? Incidental benefit allowed

Remaining in school of origin and LRE? SOO does not constitute a change of placement

When SWD moves to new LEA, who is responsible for FAPE? State responsibility to determine

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Scenario 2: Who Pays?

The Law IDEA: the LEA that develops the IEP and

makes the placement pays for tuition (and transportation, if it is a related services on the IEP) *possible exception?

MV does not assign fiscal responsibility for tuition…

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Scenario 2: Who Pays?

The Law (cont.) However, when students remain in the

school of origin but are staying in another district:Tuition: neither IDEA nor MV assign fiscal

responsibility. ED Q&A: SEA must decide (E-2)Transportation:

IDEA silent MV districts must split cost 50/50 in absence of

another agreement or policy

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Who Pays?The Practice

Check your state policies: Ask your IDEA colleagues what policies exist on: Paying for out-of-district placements Paying for transportation Resolving inter-district disputes

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Who Pays?The Practice

Develop state policies. Formal or informal Mutually-agreed upon Deal with school of origin, tuition and

transportation Deal with MV funds vs. IDEA funds Deal with inter-district disputes Consult your IDEA colleagues on sticky

issues on an on-going basis See sample draft policy

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Scenario 3: Immediate Enrollment

The Law: McKinney-Vento Immediate enrollment With or without documents With or without parent/guardian Attending classes and participating fully in

school activities

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Scenario 3: Immediate Enrollment

The Law: IDEA– students w/ IEPs If IEP is current, new LEA must

immediately provide appropriate services. 1414(d)(2)(C)(i); 300.323(e)

Appropriate means “services comparable to those described” in the previous IEP, in consultation with parents.

1414(d)(2)(C)(i);

300.323(e)

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Scenario 3: Immediate Enrollment

The Law: IDEA– students w/ IEPs (cont.) New LEA must promptly obtain child’s

records from previous school, and previous school must promptly respond to records requests

New LEA can adopt old IEP or develop new one

1414(d)(2)(C); 300.323(e),(g)

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Scenario 3: Immediate Enrollment The Law: IDEA– students in evaluation process

Clock continues when students change LEAs, unless

(i) the new LEA is “making sufficient progress to ensure a prompt completion of evaluations,” AND

(ii) “the parent and the LEA agree to a specific time when the evaluation will be completed.” 1414(a)(1)(C)(ii); 300.301(d)(2)

Also, schools must coordinate with prior schools “as necessary and as expeditiously as possible to ensure prompt completion of full evaluations.”

1414(b)(3)(D); 300.304(c)(5)

OSEP Guidance Letter 7-19-13Highly Mobile Children

Timely and expedited evaluations Expedited timelines encouraged (e.g., within 30

days) Eval. timeline continues when student changes LEA If evaluation has begun, CANNOT delay to

implement RTI

Comparable services, ESY Extended school year is part of IEP; therefore must

provide if child changes school division as a comparable service

In-state and out-of-state transfer rules apply

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Immediate Enrollment:The Practice

Anticipate mobility Inter-district communication Rapid records transfer Talk with parents and youth Interim IEPs Work with SEA special education

colleagues to develop procedures

Surrogate parent who has been appointed

in accordance with Section 300.519. (a) General. Each public agency must

ensure that the rights of a child are protected when—

... (4) The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)).

Temporary surrogates 26

IDEA Definition of Parent Under 34 C.F.R. 300.20

Natural or adoptive parent, Guardian (but not the State if the child is a

ward of the state), Person acting in the place of a parent

(such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child’s welfare), OR

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Scenario 4: School of origin vs. IDEA placement

The Law. MV: keep students stable in the school

of origin, as long as it is in the child’s best interest (Special education needs are best interest factors)

IDEA: special education placements must be “as close as possible to the child’s home, unless the parent agrees otherwise” and must be in the least restrictive environment LRE

300.116

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School of origin vs. IDEA placementThe Practice

Which school is in the child’s best interest?

Consultation on local level (liaison invited to IEP meetings; IEP team members consulted on best interest determinations)

Payment for transportation: is it a related service on the IEP?

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And keep in mind…

IDEA specifically defines “homeless children” to include all children and youth considered homeless by McKinney-Vento.

1402(11); 300.19

Any state receiving IDEA funds must comply with the McKinney-Vento Act for all children with disabilities who are homeless.

1412(a)(11)(A)(iii); 300.149(a)(3)

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Mariela was living in School District A, which placed her in a nonpublic school pursuant to her IEP. She lost her housing and is staying

temporarily in School District B.

1. Is the nonpublic school Mariela’s school of origin under the McKinney-Vento Act?

2. How do we determine if remaining in the nonpublic school is in her best interest?

3. How does the IDEA requirement to educate Mariela in the least restrictive environment influence the determination?

4. If Mariela remains in her school of origin, which school district pays for her education?

5. Which district pays for her transportation? And with IDEA, McKinney-Vento, or district general funds?

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You Try: The Intersectionof MV and IDEA

Group I: How will you start (or continue) working with your IDEA colleagues?

Group D: How will you get information or develop policies about who pays in the sticky situations in your state?

Group E: What can you do to facilitate immediate enrollment at the local level?

Group A: What can you do to facilitate students with disabilities remaining in their schools of origin?

Additional Info to be Posted spec-ed-homelessness-q-a.pdf OSEP guidance response.doc Lack instruction memo 70530.doc HighlyMobileChildrenandYouthwithDi

sabilities.pdf VADRAFT Spec Ed-MV FAQ 10-11rev

.docx 12-0392dclhighlymobile.pdf OSEPDearColleagueLetter.pdf

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Resources NASDSE (www.nasdse.org) – archived Project

FORUM reports http://www.nasdse.org/Publications/tabid/577/Default.aspx

Project HOPE-VA www.wm.edu/hope

NAEHCY and NCHE IDEA overview

http://center.serve.org/nche/downloads/briefs/idea.pdf Implementing IDEA for Homeless Students

http://center.serve.org/nche/downloads/briefs/idea_qa.pdf IDEA/MV Problem-Solving Process

http://center.serve.org/nche/downloads/briefs/nav_idea_mv.pdf

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Resources (cont’d) Early Childhood Technical Assistance Center

http://ectacenter.org/contact/ptccoord.asp Parent Training and Information Centers

http://www.parentcenterhub.org/ Council for Exceptional Children

www.cec.sped.org Free legal resources for students with disabilities

National Disability Rights Network (www.ndrn.org) Resources for parents of students with disabilities,

from ED http://www2.ed.gov/parents/landing.jhtmll

ED Office of Special Education Programs http://www2.ed.gov/about/offices/list/osers/osep/

Resources (cont’d)

OSERS Q&A http://www2.ed.gov/policy/speced/guid/s

pec-ed-homelessness-q-a.pdf

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