Welcome! 1

2 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 Special acknowledgement to Patricia Julianelle, NAEHCY 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.” 3

 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

8 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?

9 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

10 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

11 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

12 Who Takes the Lead? The Practice  Gateways to collaboration:  Compliance issues  *Child find (1412(a)(3)(A), 1435; )  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 13

14 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

16 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…

17 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

18 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

19 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

20 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

21 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)

22 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)

23 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 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

25 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  (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 a(6)).42 U.S.C a(6)  Temporary surrogates 26

IDEA Definition of Parent Under 34 C.F.R  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 27

28 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

29 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?

30 And keep in mind…  IDEA 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)

31 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?

32 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?

Additional Info to be Posted  spec-ed-homelessness-q-a.pdf spec-ed-homelessness-q-a.pdf  OSEP guidance response.doc OSEP guidance response.doc  Lack instruction memo doc Lack instruction memo doc  HighlyMobileChildrenandYouthwithDi sabilities.pdf HighlyMobileChildrenandYouthwithDi sabilities.pdf  VADRAFT Spec Ed-MV FAQ rev.docx VADRAFT Spec Ed-MV FAQ rev.docx  dclhighlymobile.pdf dclhighlymobile.pdf  OSEPDearColleagueLetter.pdf OSEPDearColleagueLetter.pdf 33

34 Resources  NASDSE ( – archived Project FORUM reportswww.nasdse.org   Project HOPE-VA   NAEHCY and NCHE  IDEA overview  Implementing IDEA for Homeless Students  IDEA/MV Problem-Solving Process

35 Resources (cont’d)  Early Childhood Technical Assistance Center   Parent Training and Information Centers   Council for Exceptional Children   Free legal resources for students with disabilities  National Disability Rights Network (  Resources for parents of students with disabilities, from ED   ED Office of Special Education Programs 

Resources (cont’d)  OSERS Q&A  pec-ed-homelessness-q-a.pdf pec-ed-homelessness-q-a.pdf 36