Presentation on theme: "1 When Two Laws Go Walking: IDEA and McKinney-Vento Serving Students With Disabilities Experiencing Homelessness NAEHCY Annual Conference November 2013."— Presentation transcript:
1 When Two Laws Go Walking: IDEA and McKinney-Vento Serving Students With Disabilities Experiencing Homelessness NAEHCY Annual Conference November 2013 Patricia Ann Popp, Ph.D. Project HOPE-Virginia Special acknowledgement to Patricia Julianelle Legal Director, NAEHCY
2 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?
3 The Intersection of MV & IDEA IDEAMcKinney-Vento This student is homeless: MV should take the lead This student has an IEP: IDEA should take the lead Who pays? No IEP from our LEA, no services (?) Immediate enrollment without documents Placement determined by IEP team School of origin
4 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
5 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
6 Who Takes the Lead? The Practice Gateways to collaboration: Compliance issues *Child find (1412(a)(3)(A), 1435; ) Cross-training Joint TA BriefFinal.pdf
*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 Virginia Preschool Initiative MV liaisons Shelters 7
8 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 NCHE August 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
10 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…
11 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. USDE Guidance: SEA must decide (E-2) Transportation: IDEA silent MV districts must split cost 50/50 in absence of another agreement or policy
12 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
13 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
14 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
15 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); (e) Appropriate means “services comparable to those described” in the previous IEP, in consultation with parents. 1414(d)(2)(C)(i); (e)
16 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); (e),(g)
17 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); (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); (c)(5)
OSEP Guidance Letter Highly Mobile Children Timely and expedited evaluations Expedited timelines encourages (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
19 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
20 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
21 School of origin vs. IDEA placement The 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?
22 And keep in mind… IDEA now specifically defines “homeless children” to include all children and youth considered homeless by McKinney-Vento. 1402(11); 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); (a)(3)
23 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?
24 You Try: The Intersection of 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?
25 Resources NASDSE (www.nasdse.org) Project FORUM (www.projectforum.org) Project HOPE-VA (www.wm.edu/hope) Information briefs NAEHCY and NCHE IDEA overview Implementing IDEA for Homeless Students IDEA/MV Problem-Solving Process
26 Resources (cont’d) NECTAC Parent Training and Information Centers (888) CEC (www.cec.sped.org) CEC Today – March 2003 Free legal resources for students with disabilities National Disability Rights Network (www.napas.org) Resources for parents of students with disabilities, from USDE USDE Office of Special Education Programs