1 Unsticking Some Sticky Situations: An IDEA-MV Roadmap for the Brave AZ Homelessness Conference, October 2012 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 Our Plan of Attack 1. The Law 2. The Practice 3. You Try

5 Step 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.

6 Who Takes the Lead? The Practice  Communication and collaboration  Who are your district special ed team members?  Do they know you?  Do they know about McKinney-Vento?  Do you have a protocol for approaching mixed McKinney-Vento / IDEA issues?

7 Who Takes the Lead? The Practice (cont.)  Gateways to collaboration:  Compliance issues  Child find (1412(a)(3)(A), 1435; )  Cross-training  BriefFinal.pdf BriefFinal.pdf  Support from the state

8 Step 2: 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

9 Immediate Enrollment The Law (cont.)  IDEA– students with IEPs  If the IEP is current, the 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)

10 Immediate Enrollment The Law (cont.)  IDEA– students with IEPs (cont.)  The new LEA must promptly obtain the child’s records from the previous school, and the previous school must promptly respond to records requests.  The new LEA can either adopt the old IEP, or develop a new one. 1414(d)(2)(C); (e),(g)

11 Immediate Enrollment The Law (cont.)  IDEA– students in the process of being evaluated  Clock continues to run 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)

12 Immediate Enrollment: The Practice  Anticipate mobility  Inter-district communication  Rapid records transfer  Talk with parents and youth  Interim IEPs  Work with LEA special education colleagues to develop procedures

13 Step 3: School of origin vs. IDEA placement The Law  MV keeps students stable in the school of origin, as long as it is in the child’s best interest.  Special education needs are one of the best interest factors  IDEA states that special education placements must be “as close as possible to the child’s home, unless the parent agrees otherwise.”

14 School of origin vs. IDEA placement The Practice  Which school is in the child’s best interest?  Communication  Liaison invited to IEP meetings  IEP team members consulted on best interest determinations  Payment for transportation: is it a related service on the IEP?

15 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)

16 Step 4: Who Pays? The Law  Under 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).  MV does not assign fiscal responsibility for tuition…

17 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 states the SEA must decide. (E-2)  Transportation: IDEA is silent; MV says districts must split cost 50/50 in the absence of another agreement or policy.

18 Who Pays? The Practice  Check your state policies (i.e. call Frank).  Ask your IDEA colleagues what policies already exist on paying for out-of-district placements.  Ask your IDEA colleagues what policies already exist on paying for transportation.  Ask your IDEA colleagues what policies already exist to resolve inter-district disputes.

19 Who Pays? The Practice (cont.)  In the absence of state policies, develop local 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.  Check them out with Frank

20 You Try, Brave Souls: Unstick it! Mariela was living in District A, which placed her in a nonpublic school pursuant to her IEP. She lost her housing and is staying temporarily in District B. 1. Is the nonpublic school Mariela’s school of origin? 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?

21 Resources  NASDSE (  Project FORUM (  Project HOPE-VA (  Information briefs  NAEHCY and NCHE  IDEA overview  Implementing IDEA for Homeless Students  IDEA/MV Problem-Solving Process

22 Resources (cont’d)  NECTAC   Parent Training and Information Centers  (888)  CEC (  CEC Today – March 2003  Free legal resources for students with disabilities  National Disability Rights Network (  Resources for parents of students with disabilities, from USDE   USDE Office of Special Education Programs 